The child perspective and best interest determination Barnrättsbyrån – The Children’s Rights Bureau 1

What is the Children’s Rights Bureau? Sweden’s first independent child rights advocacy service for children Part of Ersta diakoni – a NGO providing social and health care in Stockholm Set up in September 2011 Holistic approach: social, emotional and legal support Since opening – 100 cases 2

Our framework  Swedish legislation  The Convention of the Rights of the Child (CRC) 3

Our role  The child’s own support person with the aim to safeguard their rights and them being listened to.  Support children in get in contact with authorities that can be of help and safeguard the child’s access to services they are entitled to.  Be the child’s support person in meetings with authorities and other adults.  Inform children of their rights.  Making free legal advice accessible to children. 4

Our experiences so far  Unaccompanied minors and children who need support in their contact with authorities  Children who have been exploited in and outside Sweden  Important universal experiences 5

6 Art. 3: Best interest of the child

Wishes and views of the child  Our job: getting the child’s views and wishes to the table! This demands:  The rights conditions so the the child feels safe to talk  Making sure the child is being listened to  Give due weight to what is being said 7

Our children’s experiences – the right conditions  Ali, 15 years of age What’s been important for him?  Time for relationsships and trust  Sensitivity to special needs  Someone who asks, and asks again  A safe environment – being clear who’s who 8

Trust When I finally understood that they wanted to help me, it was too late. I had already lied about my story and I couldn't take back what I had said. I needed time to trust the Immigration authority. 9

Trust How am I supposed to understand that the authority wants to help me? In my country the don't. 10

Our children’s experiences – actually being listened to  Sophie, 16 years of age What’s been important for her?  Access to relevant information (eg. appeal)  Doing it by the book does not always mean that we’ve listened  Acknowledge the power inbalance  Believing in children as a strategy 11

Our children’s experiences – give due weight to what is being said Obstacles  Family perspective vs child perspective  Clashes CRC and domestic laws  Child perspecitve vs economic factors  Young people without advocates – difficulties in exercising their rights  The message: listen to me, take me seriously 12

What have the kids taught us?  To be asked a question – not neccessarily the child’s persective  Genuinely making kids part of the solution  The right conditions – always our responsibility - ”she didn’t want to talk” not good enough  ”Give me time to trust you”  Use your colleagues and network! 13

Our philosophy Kids do well if they can. Dr Ross Greene 14

Barnrättsbyrån Elin Wernquist Roberts, enhetschef Folkungagatan 129, 2 tr Tel. +46 (0) e-post 15