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8/9/2019 UNICEF Sveriges kommentar till regeringsrapporten om barnkonventionen 2008
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UNICEF Sverige
Box 8161
SE-104 20 StockholmS:t Eriksgatan 46 C
Telefon +46 8 692 25 00
Fax +46 8 652 15 20
Insamlingskonto 90 20 01-7
(OCR 90 25 01-6)Org.nr 80 24 01-4386
E-post [email protected]
www.unicef.se
Comments from UNICEF Sweden on the Swedish Governments 4th re-
port to the UN Committee on the Rights of the Child 2007
Introduction
UNICEF Sweden has over the past few years enhanced the work in the eld of child rights issues in
Sweden. Our prioritized issues are the rights of children seeking asylum or who are undocumented
and the rights of children victims of trafcking. The overall aim is to ensure a full and comprehensive
implementation of the Convention on the Rights of the Child (CRC). In January 2008 a Swedish ver-
sion of the Implementation Handbook for the Convention on the Rights of the Child was launched. We
hope that this handbook will be a working tool for decision makers when implementing the CRC. The
Handbook has been nanced by the Swedish Government. In our advocacy work we appreciate thedialogue with the Government in different child rights topics.
We are concerned with the fact that children seeking asylum or who are undocumented and children
victims of trafcking are not enough protected and that their rights are not enough realized. We be-
lieve that these children who are in a particularly vulnerable situation need more attention and mea-
sures in terms of legislation, training of decision makers and allocation of resources. Especially the
four general principles of the CRC (non-discrimination, best interest, development and respect for the
views) must be taken more into consideration in all matters affecting these children.
I. General measures of implementation
UNICEF Sweden believes that the principles and provisions in the CRC would be considered more
seriously in the judicial system if the CRC would be incorporated as such into the Swedish legisla-
tion and became Swedish law. The present method of transformation is not enough. It is necessary
to strengthen the status of the CRC in order to really implement it in different areas and levels in the
Swedish society. If the CRC as a whole would be incorporated into the Swedish legislation, its princip-
les and provisions could be directly invoked before the courts and applied by national authorities. We
believe that this would imply that the Swedish Government, national or local authorities as well as
municipalities must see their role as fullling clear legal obligations to each and every child.
An incorporation of the CRC into the Swedish legislation would imply a need to consider the CRC
not only article by article, but also holistically, recognizing the interdependence and indivisibility of
childrens human rights. Although this would be an important legal reform which would promote the
implementation process, the transformation of different laws is still needed to ensure that all relevant
domestic legislation is brought into compliance with the CRC.
UNICEF Sweden also believes that learning of the CRC and its implications should be compulsory in
national curricula.
III. General principles
Non-discriminationUNICEF Sweden is concerned that the provision of non-discrimination is not fully respected and that
each child within Swedens jurisdiction does not have access to the rights in the CRC. According to Ar-
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ticle 2, States Parties shall respect and ensure the rights set forth in the CRC to each child within their
jurisdiction without discrimination of any kind. The State Parties shall take all appropriate measures to
ensure that the child is protected against all forms of discrimination or punishment on the basis of the
status of the childs parents.
Children in hiding, that is children who have had their asylum application rejected and who are av-
oiding enforcement of a refusal of entry or deportation order, are not entitled to go to school. UNICEFSweden believes that this is in contradiction with the CRC. These children are deprived of their right to
education.
Undocumented children, that is children who might have had their asylum application rejected as
well as children who have never applied for asylum or residence permit. These children do not have
the same right to health care and education as for example asylum seeking children. UNICEF Sweden
believes that these children must be granted access to the rights stipulated in the CRC.
These both categories of children live outside the society under vulnerable conditions. They are
invisible and excluded from enjoying several of their rights.
Best interest of the child
Methods need to be elaborated on how to assess the best interests of the child in the asylum proce-
dure and when a child is a victim of trafcking. There must be indicators elaborated on what is in the
best interests of the child and how to make these assessments. The assessment and the result of the
assessment must be documented.
Right to life and development
This general principle has not been enough applied and implemented by the authorities regarding
children seeking asylum and children victims of trafcking. This principle should be included when
indicators are elaborated regarding the best interests of the child.
Respect for the views of the child
There is a need for regular training for staff at the Migration Board and the social welfare authorities
on how to speak and communicate with children, how to assess the information received, the im-
portance of documentation and follow-up discussions with the child regarding the decision.
UNICEF Sweden has interviewed children and adolescents about their situation as asylum seekers in
Sweden. The main nding is that the children do not know about their rights and cannot claim them
during the asylum seeking period. We believe that it would be important to give appropriate informa-
tion about the asylum process and the childrens rights during this time in a child-friendly manner. It
is difcult for children to claim their rights if they do not know about them, for example the right to beheard and the right to health care.
VI. Basic health and welfare
Health and health care services
UNICEF Sweden believes that there should be a legal right for all children in Sweden having the same
right to health care services. This should be stipulated in the legislation.
Undocumented children do not have the same right as for example children seeking asylum and
children in hiding regarding health care services. Undocumented children are only entitled to
emergency treatment. We believe that this is in contradiction with Article 24 (the right to enjoyment of
the highest attainable standard of health) and Article 2 (non-discrimination).
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VII. Education, leisure and cultural activities
Education
UNICEF Sweden believes that there should be a legal right for all children in Sweden having the same
right to education according to Article 28 (right to education) and Article 2 (non-discrimination) in the
CRC. This should be stipulated in the legislation.
Children in hiding and undocumented children do not have this right. There is now a law propo-
sal regulating the right to education for children in hiding, which we very much welcome. However
this law proposal does not include undocumented children.
VIII. Special protection measures
Children seeking asylum
UNICEF Sweden believes that it is necessary with a specic provision in the legislation (the Aliens Act)
concerning child specic forms of persecution in order to assure that childrens own asylum claims
are considered properly. We believe that the different types of child specic forms of persecution must
be claried, e.g. the risk of being victim of forced labour, child marriage, trafcking, female genital
mutilation or recruited as a child soldier. There must be some kind of general information regarding
this, although an individual assessment has to be done according to the rule of law.
Regularly training for decision makers are important to be able to make decisions that are based on a
child rights perspective.
The new Act on Representation and Custodianship for Unaccompanied Children has not been ef-
cient enough to protect unaccompanied children from absconding following their arrival in Sweden.
An overview of the legislation and fact ndings is needed to be able to prevent and react to these
disappearances. There is an urgent need to investigate different possibilities how to prevent the risk of
being trafcked or exploited in other ways while the child is seeking asylum in Sweden.
UNICEF Sweden is concerned about the Governments proposal to make maintenance as a condition
for family reunication. The Governments position is to deny family reunication for families if the
parent living in Sweden does not have a solid income or proper place to live. We believe that such a
condition would be in conict with several principles in the CRC, e.g. Article 3 (best interest), Article 6
(development), Article 9 (separation from parents) and Article 10 (family reunication).
Children victims of trafficking
UNICEF Sweden believes that there must be a stronger political will to prioritize measures to prevent
trafcking and to support the victims of trafcking.
A National Plan of Action must be adopted where preventive measures as well as support mecha-
nisms are claried regarding trafcking of children for different purposes.
The provision in the Penal Code regarding trafcking must be changed. The criteria of having con-
trol over the victim must be deleted when the victim is a child. Any argumentation about the free
will of the child must come to an end when it concerns trafcking. We believe that there should be a
special provision in the Penal Code on trafcking in children. The concept of exploitation needs to be
considered and claried according to the provisions in the CRC and the Optional Protocol to the CRC
on the sale of children, child prostitution and child pornography.
Closer cooperation between authorities such as the police, the welfare service authorities and the
Migration Board is necessary in order to prevent trafcking and to protect children at risk of being
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involved in trafcking.
UNICEF Sweden believes that there is a need of awareness-raising among decision makers about
trafcking and the extreme vulnerability of the victims. Training programmes are important on how to
protect the rights of these children and how to speak and communicate with them.
UNICEF Sweden in collaboration with the National Board of Health and Welfare have written a refe-rence guide on protecting the rights of children who might be victims of trafcking. We hope that this
will be a useful working tool for different authorities.