COMMITTEE ON RIGHTS OF CHILD CONSIDERS THIRD PERIODIC REPORT OF SWEDEN
The Committee on the Rights of the Child today considered the third periodic report of Sweden on that country’s efforts to implement the provisions of the Convention on the Rights of the Child.
Introducing the report, Elisabeth Borsiin Bonnier, Permanent Representative of Sweden to the United Nations Office at Geneva, said the work of her Government to implement the provisions of the Convention within Swedish society had been constantly on-going since the country had ratified the treaty 15 years ago. Over this period, the Government had been faced with a changing society and new challenges and had had to adapt or revise its policies and strategies in order fulfil its obligations under the Convention.
Committee Experts raised questions concerning child asylum seekers, the treatment of children with disabilities, acquisition of citizenship, and placement of children in foster families, among other things.
In preliminary remarks, Committee Expert Nevena Vuckovic-Sahovic, who served as country Rapporteur for the report of Sweden, said that in its final observations and recommendations, the Committee would recommend the drafting of legislation aimed at the further implementation of the provisions of the Convention. The wide dissemination of the Convention and the training of judges in children’s rights would also be recommended. The Committee would also dwell on further recommendations on the strengthening of efforts against discrimination and xenophobia.
Moushira Khattab, the Committee Expert who also served as country Rapporteur for the report of Sweden, said Swedish children were fortunate to enjoy their rights. The Committee would recommend that work for the implementation of child rights should be continued. More work was needed against racism and xenophobia, although the country was on the right track in that direction. The State party should also give more power to the Children’s Ombudsman.
The Committee will release its formal, written concluding observations and recommendations on the report of Sweden before the end of its three-week session, which will conclude on Friday, 28 January.
Sweden sent an 8-person delegation representing the Ministry of Health and Social Affairs; Ministry of Foreign Affairs; Ministry of Justice; and Ministry of Education and Science to answer the Committee’s questions over two meetings.
As one of the 192 States parties to the Convention, Sweden is obliged to present periodic reports to the Committee on its efforts to comply with the provisions of the treaty.
When the Committee meets at 10 a.m. on Wednesday, 12 January, it is scheduled to take up the second periodic report of Albania (CRC/C/11/Add.27).
Report of Sweden
The third periodic report of Sweden (CRC/C/125/Add.1) provides information on the changes and developments that have taken place since the previous reports were presented to the Committee. It says that the circumstances of children and young people – their lives, their experiences and the conditions under which they live – are in constant transition, reflecting the changes taking place in the world at large. Although international and historical comparisons confirm that children in Sweden are well off, serious shortcomings may be found and many children come to harm through neglect or mistreatment. The recent substantial improvement in public finances combined with falling unemployment rates have resulted in better conditions for children and their families. Financial support for families has been increased and new improvements were in hand.
According to the report, in recent decades, immigration has gradually altered the composition of the Swedish population, which is now characterized by a high degree of ethnic and cultural diversity. Today, one in every four schoolchildren is of foreign extraction, with one or both parents born outside Sweden. Children of immigrant parents do not constitute a uniform group and conditions for girls can also vary considerably from those experienced by boys. Measures to combat discrimination and segregation are being taken at different levels and in connection with different projects, including the Government’s scheme for developing metropolitan areas.
On efforts to combat human trafficking within Swedish foreign politics, the report notes that the country is working actively to combat human trafficking both globally in the United Nations and regionally in the European Union, as well as in its international development cooperation work.
Presentation of Report
ELISABETH BORSIIN BONNIER, Permanent Representative of Sweden to the United Nations Office at Geneva, said the work of the Government to implement the provisions of the Convention on the Rights of the Child within the Swedish society and in its policies and decision-making at different levels was constantly on-going since the country had ratified the treaty fifteen years ago. Over this period, the Government had been faced with a changing society and new challenges and had had to adapt or revise its policies and strategies in order to fulfil its obligations under the Convention.
Presenting some of the major measures adopted since the Committee discussed Sweden's last periodic report, Ms. Bonnier said the corner stone of Swedish child policies was the implementation of the Convention in the society. One key aspect in the implementation of the Convention was to ensure that everyone working with children and their issues - politicians, professionals and decision-makers at all levels - had a thorough knowledge of the Convention, its purposes, principles and provisions.
Ms. Bonnier said the strategy tried to ensure that all higher education programmes for professional groups included training on the Convention and its contents. Also politicians at different levels and civil servants, such as social workers, teachers, policemen, prosecutors and city planners, among others, were offered in-service training.
The National Agency for Higher Education had been tasked to promote higher education institutions to incorporate the Convention in their various training programmes and the Government had commissioned the universities and other higher education institutions to report on their actions in that respect, she said.
Ms. Bonnier said the operationalization of the strategy to implement the Convention rested on the Government’s offices; the Governmental agencies; the local governments; the Children’s Ombudsman; the active participation of children; and cooperation and dialogue with non-governmental organizations.
In 2003, Ms. Bonnier said, the Swedish Government had adopted a National Action Plan against female genital mutilation; it had also hosted an international conference against female genital mutilation and had invited international experts, African countries, local community organizations and NGOs to attend. The purpose was to raise awareness nationally and internationally about this heinous practice and to stop it.
In conclusion, Ms Bonnier affirmed that her Government took the implementation of the Convention very seriously. The Government strived for the full realization of its obligations under the Convention for all children living in the country. The objective of the Government’s child policy was to ensure that the rights of children and young people were respected. They should have development opportunities and security and the ability to participate and influence the society in which they lived.
Discussion
NEVENA VUCKOVIC-SAHOVIC, the Committee Expert who served as country Rapporteur for the report of Sweden, said most of the children in Sweden lived a good life and the country had a most outstanding reputation when it came to the rights of the child. Together with some other countries, it represented a synonym for success in the area of the rights of the child and a best practice and an example which other States tried to follow.
The Expert said the Committee noted with appreciation the outstanding commitment of Sweden in the area of international cooperation and development assistance. Sweden allocated a significant percentage of its gross domestic product to foreign aid of which 60 per cent was spent on children. She said she remained concerned that Sweden had not yet ratified the Optional Protocol to the Convention on the sale of children, child prostitution and child pornography.
Sweden had been investing efforts in addressing and solving the problem of intolerance, racism and xenophobia, especially in schools, she said. She was particularly encouraged by the State party’s efforts to assist girls coming from families with strong patriarchal traditions and beliefs. Still there was racism, bullying of children whose parents or themselves were not Swedish-born that seemed at some point to be almost definite and incorrigible. Why was that so? Why was there a difference in attitudes towards different races, religious beliefs and languages versus, for example, European immigrants or other foreigners? What more could be done and improved in order to overcome these differences?
The Expert said there was no data available on children who had been tried as adults and on reported cases of abuse and maltreatment of children in detention. Did this mean that there was an assumption that such cases did not exist or simply, that there was no evidence? If there was no evidence, what could be done to inquire and record such cases, upon which some measures could be taken?
MOUSHIRA KHATTAB, the Committee Expert who also served as country Rapporteur for the report of Sweden, said that despite the strengthening of the Children’s Ombudsman in Sweden, it could not pursue individual cases and its monitoring powers were limited. There was no concrete data on victims of sexual exploitation and other child abuses. She wanted to know about alleged discriminatory practices against illegal children in hiding and the measures taken to avert such practices. Swedish courts were reluctant to give custody to non-Sweden parents. Concerning poverty, she said she wanted to know more about how it affected the situation of migrants in Sweden.
The lack of statistics on the demographic composition of the country was another concern expressed by an Expert. There were no statistics on cases concerning juvenile justice, for example. She sought information on the situation of early marriage in the country.
Another Expert asked if there was an age limit for children to express their opinion. What was the position of children in the daily activities of the family? Did children fully participate in family affairs?
On discrimination against children with disabilities, an Expert asked for further explanation on the situation, particularly in schools. What was the function of the Ombudsman for children with disabilities?
On the follow-up to the Committee’s discussion of the report, another Expert asked about the measures taken immediately after the report’s discussion. How independent was the Children’s Ombudsman in the implementation of the Convention?
Concerning Swedish international cooperation, an Expert appreciated the efforts of the State party in supporting international cooperation, particularly with developing countries. Child poverty was unfortunately growing in Sweden as manifested by some areas that needed to be addressed. She praised the efforts made to resolve such shortcomings. Currently, the Government rather than the Parliament had set up the Children’s Ombudsman. There was a structural problem that should be resolved through the empowerment of that institution. What measures had been taken to strengthen the participation of children and the respect of their opinion?
Other Experts also raised questions on such issues as the extent of racial discrimination; the amendment of the law on citizenship to meet the requirements of article 7 of the Convention; limited involvement of NGOs in participating in the preparation of the State report; the quality control of and standard setting for municipal child services; and the situation of child asylum seekers.
Response of Delegation
In response to the questions raised and comments made, the members of the delegation of Sweden said that efforts had been made to involve non-governmental organizations in the preparation of the report at the central and regional levels.
Asked about the dissemination of the Convention and the reports, the delegation said they had been published and distributed widely, including to libraries and municipals. At present, there were six Ombudsman offices for different areas of rights, including one for children’ rights.
Family counselling services were provided free of charge in addition to advice on health matters, the delegation said. Couple counselling services had to be paid for in some municipalities, while others could waive the payment in accordance with the income of the couple.
Questions by Experts
On family environment, an Expert said children had little time to be with their parents because of the parents’ working conditions. Had the Government attempted to integrate measures to inculcate sentiments into the family?
Another Expert asked about the situation of family relations when a homosexual couple adopted a child. Sweden had played a big role in the fight against child abuse and particularly crimes against children. Did the law make differences in sentencing crimes committed against children?
An Expert asked about the quality of care in public institutions and if on-going training was being provided on child rights to judiciary staff.
Other Experts also queried the delegation on the policies concerning children with disabilities; the lack of statistics on children with disabilities attending schools; the problem of smoking and drinking; the number of parents with HIV/AIDS; the extent of inter-country adoption; the scope of drug abuse and the availability of indicators; family reunification from abroad; and the situation of unaccompanied child asylum seekers and the number of children admitted as refugees.
Response of Delegation
Sweden adhered to a dualist legal system and international treaties did not automatically become part of Swedish law, the delegation said. Treaties were usually transformed into Swedish law by the enactment of equivalent provisions in an existing or a new Swedish statute.
Concerning citizenship, the delegation said Sweden had taken legal measures so as not to leave any place for statelessness. The amendment made to the existing law clearly indicated the manner in which citizenship could be acquired.
Municipal councils had full competence in the implementation of the Convention on the Rights of the Child without any intervention by the central Government in Stockholm, the delegation said. There was no other means to implement the Convention other than the autonomous process of the local authorities. However, the central authority might attempt to influence the local authorities to integrate aspects other than theirs with regard to child rights. Municipal authorities had full competence to follow their own political process.
Sweden was one of the few countries that had a big organization for integration, the delegation said. The media reflected positive attitudes towards foreigners. There was no xenophobic political party represented in the country’s parliament. A centre had recently been set up against racism and discrimination. It was supported by a number of non-governmental organizations.
Sweden was a multicultural and multiethnic society where 20 per cent of the population had foreign origins, the delegation said. One hundred and twenty languages were taught in schools. Based on such fundamental facts, the Government had taken measures to expand knowledge-based values in all institutions. In schools, monitoring measures had been carried out against bullying or harassment, with the figure decreasing each year.
The Government had made a thorough investigation of the situation of poverty and social exclusion of children living in families with economic difficulties in order to better know their situation, the delegation said. The survey had shown that children of immigrants and other low-income families were affected. Municipal councils provided assistance to children found in those situations. In some cases, poverty was related to unemployment and other aspects, which required improvement.
Courts could sentence children below 18 years of age under special circumstances and depending on the nature of the crime, the delegation said. A juvenile under 18 who committed a crime could be placed in closed institutions under certain circumstances.
On sexual abuse of children, the delegation said that in 2003, the attorney general had observed that the quality of investigations with regard to sexual abuse was not satisfactory and that only few cases were brought to trial. The Swedish law did not distinguish between penalties for sexual abuse committed against adults and children. New legislation had been tabled before the parliament on the issue.
Sexual molestation of children under 18 years was prohibited under the Swedish law, the delegation said, adding that the law on pornographic crime further protected children from commercial sexual exploitation. The protection would further be strengthened through a proposed bill on the issue.
Among the young persons taken care of in care institutions, 40 per cent were young persons with foreign backgrounds, the delegation said. Such children had traumatic experiences that they brought with them to Sweden. Special care was taken in order to rehabilitate this category of children.
The social service committee of each municipality decided on the kind of care provided for children under 18 years and whether to put them in foster care or not, the delegation said. The placement of each child was reviewed every six months to evaluate the needs of the child, including the possibility of placing the child in another foster family. When the child completed his or her studies, he or she could be more or less independent.
On the issue of asylum seeking children, the delegation said that illegal migrants or those in hiding did not have the same rights as legal migrants. Children in hiding were excluded from enjoying certain rights. Although they were hiding, some of those children were able to attend schools, with some teachers unwilling to denounce them to the authorities.
The phenomenon of the rise in mental illness had become a concern to the Swedish society, the delegation said. Mental health and the psychological situation had been also been a concern to the European Union which was planning to hold a conference in Sweden on this issue. The number of children seeking assistance in the area of mental health had prompted the Government to take further action. County health services were responsible for informing children on how to seek help in the event of mental illness.
The rate of smoking in Sweden was low compared to other European countries where such a survey had been carried out, the delegation said. Only 18 to 25 per cent of children smoked cigarettes as compared to countries with 45 per cent of children smoking.
Preliminary Remarks
NEVENA VUCKOVIC-SAHOVIC, the Committee Expert who served as country Rapporteur for the report of Sweden, said in preliminary remarks that the Committee would draft its concluding observations within the framework of the dialogue. The concluding observations might refer to the previous remarks made by the Committee on the State party’s report that were insufficiently dealt with in the present report. The Committee would recommend the drafting of legislation aimed at the further implementation of the provisions of the Convention. The wide dissemination of the Convention and the training of judges in children’s rights would also be recommended. The Committee would also dwell on further recommendations on the strengthening of efforts against discrimination and xenophobia. Measures against child abuse, bullying and harassment would also be recommended.
MOUSHIRA KHATTAB, the Committee Expert who also served as country Rapporteur to the report of Sweden, said the Committee would have less recommendations to make this time. Swedish children were fortunate to enjoy their rights. The Committee would recommend that the work for the implementation of the child rights should be continued. More work was needed against racism and xenophobia, although the country was on the right track in that direction. The State party should also give more power to the Children’s Ombudsman.
Note : For use of information media; not an official record
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