– The focus of the Swedish authorities must be the individual child’s best interests and the need for support and care. They have the responsibility to apply a child rights perspective, but this case shows that not happened, says Christina Heilborn, program manager at UNICEF Sweden.
The little boy was born on December 30 in last year, but were placed in foster homes where the parents, who support themselves by begging on the street, could not take care of him.
After a week they got back the baby and moved to an acquaintance, but the social welfare committee were concerned that the baby lost weight and was left alone. In March, the boy was hit by RS virus and had to be hospitalized. The family got a place in a common housing, but smote staff alarm about their lack of care, according to the social welfare committee. Among other things, the father have disappeared from there and the mother have beaten himself.
The family had to leave home after it turned out that the woman wore on multidrug-resistant bacteria.
Because there were suspicions that the boy’s health would deteriorate took Social decision to immediately seize him under LVU, the care of young, a decision the administrative court approved.
the mother appealed to the administrative Court of appeal in Stockholm, which went against the administrative Court’s decision. The Court noted that the boy needs care and that those mentioned in the report are “serious and concern ‘for his health and development.
But because the child and the parents’ residence is not Sweden the matter shall be tried in their home country. According to the verdict, the parents are not sufficiently strong connection to Sweden and Swedish courts can not decide on CYPA.
– There is no clear definition of domicile means, for example, the interpreted as integrated in particular socially or have been here a long time. But it is about individual cases, says Åsa Malmros, a lawyer at the National Board.
The verdict has been appealed to the Supreme Administrative Court.
Christina Heilborn on UNICEF Sweden are critical of government action.
– Lvu is a Welfare legislation for children who are at risk of suffering and find themselves in a situation they have to be away from. The most important thing is to ensure the individual child. Apparently they abide in Sweden now, then it’s Swedish authorities are responsible, she says.
Under current EU legislation, courts have only jurisdiction to decide on parental responsibility in the Member State where the child is domiciled. Factors determining domicile, including how long you have resided in the country and the social relations they have.
But the given option in the law in cases of special urgency to decide if called “interim measure”, such a LVU care.
in a study last year that was submitted to the Government proposed the introduction of a completely new LVU law to strengthen the protection of children and young people.
the proposal has been circulated for comment, but since then little has happened.
– the proposal is currently being considered in the Government Offices, says Sofia Landelius, Deputy Director at the Ministry of Social Affairs.
the case is not unique according Yvonne Kokkola, Operations at Huddinge family and individual care.
– it’s not the first time combing the right perform this assessment, there are several cases involving children where the judgment seen similar, she says.
– that is clearly what applies, the judgment can not be misinterpreted. The government’s special coordinator has investigated the issue of support for EU citizens and come to the same conclusion. In principle, they should have the support and care in the countries where they reside.
Christina Heilborn on UNICEF believes that children of EU migrants are a particularly vulnerable group, and to clear national guidelines on what terms, completely missing.
– Right Location is unclear, it is unclear rules and municipalities act differently. Some let the children go to school and others do not, it is uncertain whether they are entitled to health care or not. It is important that the government take a national responsibility. The starting point should be the UNCRC and that all children should have the same rights, she said.
Responsible Children, the elderly and Equality Minister Åsa Regnér (S) declines through his press secretary to comment on the case.
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