Children's rights
Asylum-seeking children have the same rights as all children in Sweden. For example, all children have the right to go to school, to receive care when they need it, to live in safety, and to say what they think. Here you can read about the rights and special rules that exist to protect children.
Being a child in Sweden
Children have a special position in Swedish society and children’s rights are especially protected by law. In Sweden, anyone under the age of 18 is regarded a child. Asylum-seeking children have the same rights as other children in Swedish society. For example, asylum-seeking children are entitled to full medical care while adults are entitled only to emergency care and care that cannot wait.
The Convention on the Rights of the Child
The UN Convention on the Rights of the Child became Swedish law on 1 January 2020. The Convention on the Rights of the Child aims to give children, regardless of their background, the right to be treated with respect and to be allowed to be heard. These principles are about the equal value and rights of all children.
Click here to read more about the Convention on the Rights of the Child
The child’s best interest
The Swedish Migration Agency must take into account the best interests of the child and how the child will be affected in all actions and decisions relating to children. This does not mean that all decisions will always be what a child or parent wants, but that the child’s best interests should always be weighed into the decision.
The Convention on the Rights of the Child is one of several laws with which the Swedish Migration Agency must comply. It states what rights children should have, but it does not determine who can be granted a residence permit in Sweden. These rules can be found in other laws, primarily the Aliens Act. The Swedish Migration Agency may come to the conclusion that it would be in the best interests of the child to be granted a residence permit, but that there is still not possible to grant this under the Aliens Act.
More information on how these laws must be weighed against each other and how the Swedish Migration Agency should take into account the best interests of the child can be found in this article:
Corporal punishment of children
In Sweden, it is prohibited and punishable by law to use physical or psychological violence against children. In 1979, Sweden was the first country in the world to ban violence against children, both at home and at school. It is not allowed to subject children to violence of any kind..
For example, parents or teachers must not pinch, push, kick, hit or pull children by their hair. Nor should they threaten or intimidate a child or call it ugly names. Violence against someone else in the family is also prohibited so that the child sees or hears it. The penalty may be a fine or imprisonment.
Parental responsibilities and social services
Parents have the responsibility to keep children safe, ensure that they develop and receive education and care but also protection against psychological and physical violence. This also means that parents have an obligation and responsibility to protect their children from being subjected to child marriage, forced marriage or genital mutilation.
The role of the social services
If the parents expose the child to violence or do not fulfil their responsibility as a parent in some other way, it is the social services that have a responsibility for ensuring that the child receives what he or she needs.
The social services conduct an investigation to assess if the child has a need for protection or support from the social services. Both parents and children are allowed to speak during the investigation. Most of the time, social services and parents can work together to find out what is best for the child. In some cases, the child may live elsewhere for a while. During that time, parents can get help to make it better at home so that the child can move home again. The most common thing is that it is a voluntary placement.
If a child is in danger
Staff who work with children, such as at a school, preschool, with the police or at the Swedish Migration Agency, are obliged to immediately report to the social services if they are concerned that a child is in danger. Private individuals should also report if they suspect that children are in trouble. As an individual, you can make an anonymous report.
A report to the social services does not mean that you report a parent, but that you report your concern for the child. Reporting your concern about a child is one way to take responsibility for the child.
Support for parents
Being a parent isn’t always easy, and sometimes the responsibility can feel difficult and lonely. Social services can support you as parents in various ways if you need help in your parenting role or feel anxious about your child, for example because your child is feeling bad, taking drugs or skipping school. There is nothing wrong with needing support, advice or affirmation from someone else and many families get help from social services.
You can turn to the social services and request support and help yourself. You can also contact the children’s health centre (BVC) or the school counsellor for guidance to the right support and help. You can also talk to the staff at the Swedish Migration Agency or in the healthcare services.
You can read more social service’s work here:
About Social Services - National Board of Health and Welfare
External link, opens in new window.
Film tip — Being a Parent in Sweden
See the film — Being a Parent in Sweden External link, opens in new window.
The “Start Talking About” films are jointly produced by MILSA education platform and InformationSverige.se.
BRIS
BRIS, Children’s Rights in Society, is a children’s rights organisation that works for a better society for children. Both children and adults can contact them for support by chat, e-mail or telephone.
Bris - Children's Right in Society (in Swedish) External link, opens in new window.
Information on the asylum process for children
Children who are in an asylum process need to be informed about what is going to happen and what rights and obligations they have. In order for them to have access to information, the Swedish Migration Agency has produced written material that is aimed at children aged 10-14 years:
