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The child perspective and best interest determination Barnrättsbyrån – The Children’s Rights Bureau 1
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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
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Our framework Swedish legislation The Convention of the Rights of the Child (CRC) 3
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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
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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
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6 Art. 3: Best interest of the child
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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
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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
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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
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Trust How am I supposed to understand that the authority wants to help me? In my country the don't. 10
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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
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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
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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
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Our philosophy Kids do well if they can. Dr Ross Greene 14
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Barnrättsbyrån Elin Wernquist Roberts, enhetschef Folkungagatan 129, 2 tr Tel. +46 (0)8-714 65 67 e-post elin.wernquistroberts@erstadiakoni.seelin.wernquistroberts@erstadiakoni.se 15
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