Distr.

GENERAL

CRC/C/15/Add.101
10 May 1999

Original: ENGLISH

Concluding Observations on the
Committee on the
Rights of the Child : Sweden.
10/05/99.

CRC/C/15/Add.101.
(Concluding
Observations/Comments)

Convention Abbreviation: CRC

COMMITTEE ON THE RIGHTS OF THE CHILD

Twentieth session

CONSIDERATION OF REPORTS SUBMITTED BY STATES
PARTIES
UNDER ARTICLE 44 OF THE CONVENTION

Concluding observations: SWEDEN

1. The Committee considered the second periodic report of Sweden
(CRC/C/65/Add.3) at its 521st to 522nd meetings (see CRC/C/SR.521-522), held on
22 January 1999 and adopted* (* At the 531st meeting, held on 29 January 1999)
the following concluding observations.

A. Introduction

2. The Committee welcomes the timely submission of the second periodic report
and commends the State party for the submission to the Committee of additional
information during the intervening period on its own initiative. The Committee
expresses its appreciation of the comprehensive nature of the report, while
regretting that it did not entirely follow the Committee's guidelines, in
particular by repeating information that had already been included in the
initial report and making very limited reference to the concluding observations
issued by the Committee upon its examination of that report and to their
implementation. The report focuses too heavily on the description of legislative
measures, while containing limited statistical and other information on the
actual status of children. The Committee also takes note of the written answers
to the list of issues (CRC/C/Q/SWE/2) and the additional information provided to
it during the course of the dialogue, which enabled it to assess progress in the
implementation of the rights of the child in Sweden. The Committee welcomes the
constructive dialogue with the State party's delegation.

B. Follow-up measures undertaken and
progress
achieved by the State party

3. The Committee appreciates the setting up of a parliamentary committee to
review existing legislation to ensure its conformity with the principles and
provisions of the Convention.

4. The Committee appreciates the efforts of the State party to implement the
recommendations of the Committee (see CRC/C/15/Add.2, para. 12) and welcomes
progress achieved in reviewing legislation and taking appropriate measures to
improve the compatibility of the juvenile justice system with the Convention,
especially articles 37, 39 and 40, as well as other relevant international
standards in this area, such as the Beijing Rules, the Riyadh Guidelines and the
United Nations Rules for the Protection of Juveniles Deprived of their Liberty.

5. The Committee commends the support of the State party to international
efforts to combat commercial sexual exploitation of children, and welcomes the
adoption in 1997 of the National Plan of Action against the Commercial Sexual
Exploitation of Children.

6. The Committee commends the State party for its continued commitment to the
rights of the child in its development cooperation programmes, and notes with
satisfaction that the State party is one of the few to meet, and exceed, the
United Nations target of 0.7 per cent of GDP for development assistance. The
Committee welcomes the efforts of the State party to provide training on human
rights and the rights of the child to officials working for the Ministry of
Foreign Affairs and the Swedish International Development Agency.

C. Principal subjects of concern and the Committee's
recommendations

7. While noting the positive aspects of decentralization in the provision of
services by the municipalities, the Committee is concerned that it has caused
inconsistencies in policies and disparities in the provision or accessibility of
services to children and their families. In line with its earlier recommendation
(see CRC/C/15/Add.2, para. 10), the Committee recommends that the State party
increase its efforts to ensure that municipalities respect the framework of
government policies designed to protect children fully from any discrimination
in the implementation of the Convention.

8. While the Committee welcomes the establishment in 1993 of an Ombudsman for
children, in accordance with the Committee's recommendation (see CRC/C/15/Add.2,
para. 10), it is concerned about a number of issues raised during the dialogue
with the State party concerning the role, autonomy and structural position of
the Ombudsman for children. The Committee welcomes the launching of an inquiry
into the effectiveness of the Ombudsman, carried out by a one-man committee, and
encourages the State party to examine carefully its results and consider
reviewing the role and autonomy of the Ombudsman for children.

9. The Committee notes that the impact of the 1991-1993 recession experienced
by the State party led to budgetary austerity measures which have had an impact
on children and cause concern regarding the achievement of progress in the
implementation of the Convention. While welcoming the decision of the State
party to give priority in the use of additional resources to children with
special support needs, the Committee remains concerned about the introduction of
charges and cutbacks in educational and social services provided by some
municipalities as a result of budgetary austerity measures. The Committee
recommends that the State party review the impact of the budgetary cuts so as to
renew efforts to implement the Convention to the maximum extent of available
resources, in accordance with article 4.

10. The Committee welcomes the decision of the State party to review the
legislation setting a lower age for marriage for children resident in or
nationals of other States. The Committee encourages the State party to consider
changes in the legislation with a view to increasing protection against the
harmful effects of early marriage and to eliminating discrimination among
children within its jurisdiction.

11. With regard to article 2 of the Convention and to the Committee's earlier
recommendation (see CRC/C/15/Add.2, paras. 7 and 13), the Committee notes with
concern that the principle of non-discrimination is not fully implemented for
the children of illegal immigrants, the so-called "children in hiding". The
Committee recommends to the State party that it review its policies, with a view
to expanding the services available to illegal-immigrant children beyond the
provision of emergency health services.

12. The Committee expresses its concern about the reported increase in racism
and xenophobia, and shares the concerns of the State party about the
effectiveness of the existing legislation on "unlawful discrimination" and
"agitation against an ethnic group". The Committee encourages the State party to
act upon its stated commitment to review the legislation and urges it to take
all appropriate measures to ensure that the child is protected against all forms
of discrimination, as provided for in article 2.2 of the Convention.

13. Regarding the right to acquire a nationality, the Committee is concerned
about the existing legislation concerning stateless children. The Committee
encourages the State party to complete its revision of the Citizenship Act and
urges that resulting amendments fully take into account article 7 of the
Convention.

14. While noting that measures are being taken and discussed, the Committee
remains concerned about the protection of children from access to pornographic
materials. The Committee encourages the State party to continue taking all
appropriate measures, bearing in mind the provisions of articles 13, 17 and 18
of the Convention.

15. In relation to article 11 of the Convention, the Committee notes with
satisfaction that Sweden is a party to the European Convention on Recognition
and Enforcement of Decisions concerning Custody of Children and on Restoration
of Custody of Children and to the Hague Convention on the Civil Aspects of
International Child Abduction. The Committee encourages the State party to
continue its efforts to conclude bilateral agreements to the same effect with
States that are not parties to the two above-mentioned conventions, to review
existing legislation on the recognition of foreign decisions on custody and to
consider ratification of the Hague Convention on Jurisdiction, Applicable Law,
Recognition, Enforcement and Cooperation in respect of Parental Responsibility
and Measures for the Protection of Children of 1996.

16. While noting that some municipalities offer family counselling services
free of charge, and that the fee being charged in other municipalities may not
seem too high, the Committee is concerned that a significant number of families
find such fees a disincentive to seeking needed help and assistance. The
Committee recommends that the State party review its policies in this regard so
as to facilitate access to family counselling services, in particular for the
more vulnerable groups.

17. With regard to the Committee's recommendation (see CRC/C/15/Add.2, paras.
9 and 11), and while appreciating the efforts being undertaken in providing
increased training to professionals in this regard, the Committee is concerned
that the system of compulsory reporting of incidents of child abuse is not
working satisfactorily. The Committee recommends that the State party continue
its efforts and undertake further measures to improve the protection of children
from all sorts of abuse, in accordance with article 19 of the Convention.

18. Although the State party has one of the widest public support systems,
disparities between municipalities and social strata seem to be widening,
resulting in social exclusion and tension and poor services being delivered to
the economically disadvantaged groups. The Committee recommends that all
appropriate measures be taken, in accordance with articles 2, 26, 27 and 30 of
the Convention, to ensure universal access to social benefits, in particular for
the poorer families, and that the public be better informed of their rights in
this regard.

19. While welcoming the State party's plans to dedicate the 1999 annual
inspection of schools to the issue of bullying, the Committee encourages the
State party to continue its efforts to prevent bullying in schools, to collect
information on the extent of this phenomenon and, in particular, to set up
specific structures to enable children to participate in adequately addressing
and resolving this problem.

20. The Committee remains concerned about the impact of budgetary cuts on the
child's right to education. The Committee encourages the State party in its
decision to restore higher levels of funding for remedial education and to
extend coverage to children in need of special assistance. It also recommends
that the State party review its policy on access to day-care services for
children of unemployed parents, taking into consideration the child's right to
education and leisure activities, in accordance with articles 2, 3, 28 and 31 of
the Convention, particularly in relation to current efforts to increase the
educational role of pre-school and day-care centres.

21. With regard to its earlier recommendation (see CRC/C/15/Add.2, para. 13),
the Committee is concerned about the rising incidence of substance abuse among
adolescents. The Committee recommends that the State party undertake systematic
efforts to collect data on and monitor substance abuse, and in particular on its
impact on the more vulnerable groups.

22. While appreciating the review of legislation and other measures
undertaken by the State party to improve protection of children from sexual
exploitation, in line with the recommendation of the Committee (see
CRC/C/15/Add.2, paras. 8 and 11), including current efforts to review domestic
legislation so as to eliminate the "dual criminality" requirement for
extraterritorial legislation, the Committee remains concerned about the need to
increase protection from sexual exploitation, particularly for children aged
between 15 and 18 years. The Committee encourages the State party to continue
and to increase its efforts to ensure better protection for children up to the
age of 18.

23. Lastly, in the light of article 44, paragraph 6, of the Convention, the
Committee recommends that the second periodic report and written replies
submitted by the State party be made widely available to the public, along with
the summary records of the relevant meetings and concluding observations adopted
by the Committee. Such wide distribution should generate debate and awareness of
the Convention and the state of its implementation, particularly within the
Government, the relevant ministries, the Parliament and non-governmental
organizations.

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