Children’s Right to Have Rights – on the Importance of Statutory Rights for Swedish Children Living outside the Country

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The rights of the child are a multi-dimensional phenomenon that could be conceptualized from many angels, as witnesses this anthology. The multi-dimensional perspective remains within a singular field of knowledge, such as legal science. The complexity of children’s rights may, at least in part, explain the yearning for more statutory rights to meet the expectations of rights as tools for a better society. An example is the momentum behind the 2020 incorporation of the CRC into Swedish statutory law. The incorporation adds to the numerous statutes regarding children in Swedish law, covering most childhood; from reproduction through healthcare, parental break-up, education, delinquency and coming of age. An important challenge, however, is the understanding of the right to equal treatment for children whom are considered to have a “weak” legal connection to the Sweden. This might be children seeking asylum, undocumented children, EU-migrants but also children with dual-citizenship. Recent development indicates that Swedish child citizens in the detention camps in the North-eastern Syria are to be added to this category. This development has prompted a disagreement between the United Nations’ High Commissioner of Human Rights and the Swedish Government on the importance of human rights, statutory rights and jurisdiction. Taking stock of the statutory rights of children according to Swedish law, the legal measures available for the repatriation of the reported 30 Swedish children from the detention camps in the north-eastern Syria are outlined as a test-case of the importance of statutory rights for children.