UNICEF Sverige

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Comments from UNICEF Sweden on the Swedish Government’s 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 trafcking. 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. Wehope 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 trafcking 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 thefour general principles of the CRC (non-discrimination, best interest, development and respect for theviews) 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 moreseriously 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 necessaryto strengthen the status of the CRC in order to really implement it in different areas and levels in theSwedish 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 asmunicipalities must see their role as fullling clear legal obligations to each and every child.

An incorporation of the CRC into the Swedish legislation would imply a need to consider the CRCnot only article by article, but also holistically, recognizing the interdependence and indivisibility of children’s human rights. Although this would be an important legal reform which would promote theimplementation process, the transformation of different laws is still needed to ensure that all relevantdomestic legislation is brought into compliance with the CRC.UNICEF Sweden also believes that learning of the CRC and its implications should be compulsory innational curricula.

III. General principlesNon-discrimination

UNICEF Sweden is concerned that the provision of non-discrimination is not fully respected and thateach child within Sweden’s jurisdiction does not have access to the rights in the CRC. According to Ar-

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 toensure that the child is protected against all forms of discrimination or punishment on the basis of thestatus of the child’s 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 toeducation.“Undocumented” children, that is children who might have had their asylum application rejected aswell as children who have never applied for asylum or residence permit. These children do not havethe same right to health care and education as for example asylum seeking children. UNICEF Swedenbelieves 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 trafcking. 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 theassessment 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 trafcking. 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 authoritieson 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 children’s rights during this time in a “child-friendly manner”. It

is difcult for children to claim their rights if they do not know about them, for example the right to be

heard and the right to health care.

VI. Basic health and welfareHealth and health care services

UNICEF Sweden believes that there should be a legal right for all children in Sweden having the sameright 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 andchildren “in hiding” regarding health care services. “Undocumented” children are only entitled toemergency 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).

VII. Education, leisure and cultural activitiesEducation

UNICEF Sweden believes that there should be a legal right for all children in Sweden having the sameright to education according to Article 28 (right to education) and Article 2 (non-discrimination) in theCRC. 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. Howeverthis law proposal does not include “undocumented” children.

VIII. Special protection measuresChildren seeking asylum

UNICEF Sweden believes that it is necessary with a specic provision in the legislation (the Aliens Act)concerning child specic forms of persecution in order to assure that children’s own asylum claimsare considered properly. We believe that the different types of child specic forms of persecution mustbe claried, e.g. the risk of being victim of forced labour, child marriage, trafcking, female genital

mutilation or recruited as a child soldier. There must be some kind of general information regardingthis, 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 achild 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 trafcked or exploited in other ways while the child is seeking asylum in Sweden.UNICEF Sweden is concerned about the Government’s proposal to make maintenance as a conditionfor family reunication. The Government’s position is to deny family reunication 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 conict with several principles in the CRC, e.g. Article 3 (best interest), Article 6(development), Article 9 (separation from parents) and Article 10 (family reunication).

Children victims of trafficking

UNICEF Sweden believes that there must be a stronger political will to prioritize measures to prevent

trafcking and to support the victims of trafcking.

A National Plan of Action must be adopted where preventive measures as well as support mecha-

nisms are claried regarding trafcking of children for different purposes.The provision in the Penal Code regarding trafcking 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 trafcking. We believe that there should be aspecial provision in the Penal Code on trafcking in children. The concept of exploitation needs to beconsidered and claried 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 trafcking and to protect children at risk of being