the department has both the obligation and opportunity to act to give vulnerable children the protection and respect of children to the ICE warriors as well as others. But there is a big difference in responsibility depending on if the child is domiciled in Sweden or not.
in terrorsekten ICE point come to Sweden, they are covered by the social services.
If it comes in a orosanmälan or municipality otherwise receives information that a child is in distress, an assessment is made of whether the social services should investigate what support is needed.
– Since the work of municipalities in various ways with outreach activities. Göteborg has been active when it comes to returner, ” says Petra Bergendahl, a lawyer at the national Board of health.
– What are the achievements that can be encountered depends on the individual situation. There is a possibility that tvångsomhänderta a child if the parents failed to care, but then there must be special circumstances.
there are also some opportunities for the social authorities to act, but it is not possible to generalise, according to Bergendahl. It depends on if the child is born there, how long the child had been there, and if Sweden is still counted as the child’s habitual residence.
If the latter is the case, the social services can work together with national social security authorities to take care of the child, for example, with the help of the LVU, the Law with special provisions on the care of the young. It follows the international rules on the protection of children.
– To actively go out and download the home children is really more a UNIVERSAL issue. The social services may in some cases go in the way, but it assumes that the countries are agreed on a collaboration, ” says Bergendahl.
Within the EU applies the so-called Brussels II convention and for countries in other parts of the world, it is the Hague convention of 1996, which comes into question.
When countries make use of these conventions, it’s often about children being kidnapped or abducted by a parent in a custody battle. The situation with the children to ICE-warrior is unique.
Neither Syria or Iraq has acceded to the Hague convention. Therefore, it can be difficult to execute a LVU-decision. You can not go against national legislation.
” Theoretically, one would be able to cooperate with the authorities there yet, but it is more difficult. Especially if there is a conflict, ” says Petra Bergendahl.
says to DN that it is ”absolutely obvious” that the Swedish authorities for security reasons can not operate in the former ICE-fields right now, but if children come to a Swedish embassy ”is the cases you will take very seriously.”
Save the Children sweden country manager Ola Mattsson said on Monday to the SVT to the UN child convention gives Sweden an obligation to ensure that the ICE-prisoners ‘ children can get home safely.
But it was questioned by Pernilla Leviner on Barnrättscentrum at Stockholm university:
” No, Sweden has no obligation, but it does not mean that it is not desirable to act for these children’s rights. It is of course unfortunate, if not someone takes responsibility for base rights, she said.
A legal conflict that arises in this context is that the child’s right not be separated from their parents is also found in both the Crc and Swedish law.
the Expert: So, Sweden must manage the ICE-återvändarna
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