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Den dubbla jakträtten i svenska Sápmi: En studie om det av staten konstruerade jaktproblemet
Umeå University, Faculty of Social Sciences, Department of Law.
2013 (Swedish)Independent thesis Advanced level (professional degree), 20 credits / 30 HE creditsStudent thesis
Abstract [en]

Title: The dual hunting right in Swedish Sápmi: a study of the hunting problem constructed

by the state.

Subject terms: dual hunting rights, elimination of dual hunting rights, hunting right, Sami law,

Sami people, indigenous people, Northern Sweden, time immemorial, expropriation, Sami


Northern Sweden where the indigenous people of Sweden, the Sami people, originally have

lived a dual hunting right exists on certain parts of the area. According to the Hunting Act

(1987:259) 10 § as well as by the ownership itself, the property owners have the right to hunt

on the land they owe. The Sami people has a hunting right which follows of the Reindeer

Husbandry Act 25 § as well as by the property right based on time immemorial use which

they have acquired according to Swedish law since they have used the land areas for such a

long time. Both of the group’s rights are protected as property in the Constitution. The thesis

aims to analyze the meaning of the so-called “dual hunting right” as well as to analyze the

legal problems to eliminate the dual hunting right. The thesis is based on a legal dogmatic

method, which means that the traditional sources of law have been used. The thesis concludes

that the problem with the dual hunting right regards fundamental rights and freedoms. Both of

the groups have equally well based rights. In which geographic areas the dual hunting right

exists is not fully clear. However, it is difficult to find a legitimate way to eliminate the dual

hunting right. Voluntary agreements with either the Sami people or the property owners are

unlikely. Furthermore, a forced solution to eliminate one of the hunting rights is an

expropriation or a similar procedure. Procedures like that have to be justified by important

public interests, which is not present. The legislator has previously discussed elimination in

terms of an elimination of the Sami people´s hunting rights only. However, I believe that it is

not possible to eliminate the dual hunting right.

Place, publisher, year, edition, pages
2013. , 48 p.
Keyword [sv]
Jakträtt, jaktproblem, ILO-konventionen, samernas jakträtt
National Category
Law and Society
URN: urn:nbn:se:umu:diva-83018OAI: diva2:664550
Educational program
Master of Laws
2013-02-25, 14:00 (Swedish)
Available from: 2013-11-15 Created: 2013-11-15 Last updated: 2013-11-15Bibliographically approved

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