The question of a special spokesman for children had been under discussion in the Swedish Parliament ever since the 1980s. It formed the subject of several private members' Bills, and the Norwegian Children's Ombudsman, established 12 years ago, was frequently pointed to as an example. The NGO:s working in the children’s rights area were also involved in the debate for a special Ombudsman for Children.

It was Sweden's ratification of the UN Convention on the Rights of the Child, in 1990, which decided the Riksdag (parliament) in favour of setting up the Office of the Children's Ombudsman and also determined the structure of the Office itself. As regards the powers of the Children's Ombudsman, the main question was whether the focus ought to be on generalities or particular cases. More exactly, the question was whether the Office should be equipped with statutory powers of intervention in the handling of individual cases. The alternative was to make the Ombudsman an independent spokesman for children and young persons in a general sense, concentrating mainly on information and the moulding of public opinion. But there were many arguments in favour of the order of things which materialised, namely that of a Children's Ombudsman charged with supervising the interests of children and young persons generally.

There were strong reasons of principle for segregating the respective assignments of the Ombudsman, other national authorities and voluntary organisations. Sweden already had authorities whose task was to intervene for the protection and support of individual children and youngsters. Besides, the way in which these authorities discharge their duties comes under the scrutiny of a pre-existing Ombudsman, the Parliamentary Ombudsman (JO for short). The Swedish Parliament found it neither appropriate nor practical for similar duties to be vested in the Children's Ombudsman, because then there would be too great a risk of collisions and duplication.

Another important viewpoint concerned the best out of the Children's Ombudsman's limited resources. Powers of intervention in particular cases could result in the secretariat being swamped with cases which were important but in which other authorities had already taken action and society had done what it could. Even in cases where individual children and youngsters had been badly treated by the authorities, supervisory bodies, existed already. There were good reasons for supposing that the resources of the Children's Ombudsman are better occupied with trying to influence and modify the attitudes taken by authorities and other bodies to various questions by which children and young persons are affected.

Sweden’s second and present Children’s Ombudsman, Lena Nyberg, started working 19 February, 2001. Louise Sylwander, who had been Children’s Ombudsman since 1st July 1993, retired 31 December, 2000.

The remit of the Children’s Ombudsman in Sweden lies mainly within opinion forming. The Ombudsman shall also propose ameliorations in the Swedish legislation for the best interests of the child, where she or he finds it necessary. Another important task is to monitor how the Swedish legislation is followed/implemented. The Children’s Ombudsman is now a respected institution in the Swedish society, which the government as well as other organisations listen to.

At the end of 2001, the Office of the Ombudsman was restructured and divided into a cabinet, an administrative unit, and information unit, a legal unit and a project and research unit. In the context of the re-organisation, the Office has also defined general goals of its work:

·        To increase all children’s and young people’s knowledge of their rights under the United Nations Convention on the Rights of the Child and prevailing laws, in order to increase their opportunities for exercising influence in society.

·        To represent the interests of children and young people, safeguard their rights, promote their welfare and ensure their right to equal treatment.

·        To shape public opinion regarding children’s and young people’s rights and interests.

·        To seek and compile information on children’s and young people’s living conditions and to promote research and development.

·        To increase awareness and interest among decision-makers and the general public regarding the rights of children’s.

·        To monitor the prevailing legislation and its application, and examine Government bills from a children’s perspective, in order to suggest legislative changes or new laws.

·        To promote preventive, early initiatives to meet children’s and young people’s needs for support, in particular focusing on children and young people in vulnerable circumstances.

A survey conducted by the Children´s Ombudsman in the spring of 1997, in collaboration with Skandinavisk Opinion AB, indicates that the Swedish public feels that the Ombudsman for Children is needed. The survey shows that almost nine out of ten adults (86%) between the ages of 18 and 74 are certain that the Ombudsman for Children is vital in order to improve children's rights.

The office of the Children’s Ombudsman has published several publications and reports. Unfortunately most of them are in Swedish as the costs of translation are very high.

Independant role

Sweden has a long tradition of a system of different Ombudsmen as independent central authorities. The Office of the Children’s Ombudsman is a non-political body, independent of the Government. In purely administrative and financial terms, the Office comes under the Ministry of Health and Social Affairs. Apart from the legislation establishing an Ombudsman for Children and the standing instructions for the Office, the Ombudsman is free to set up his or hers own agenda, give statements and also criticize the Government or members of the Parliament.

The Government report

The Children’s Ombudsman has the task of reporting annually to the Government. The report contains viewpoints and proposals, which the Government should consider and serves as a platform for important discussions between the Children’s Ombudsman and the Government.

Points that have been raised in our reports include among other things the consequences for children and young people of the heavy cuts in Swedish local government spending, and proposals to strengthen the rights for asylum-seeking children. Another principal issue concerns young people’s right to participation and influence, for example in school and in local government. The Ombudsman proposed that it be made the duty of municipal authorities to find out children’s and young people’s opinions before deciding any question affecting them. 

The annual report to the government is written in a language and a form that it can attract also other target groups working with children. It shall include the main proposals and important statements from the Ombudsman during the past year. It also contains a chapter about the current conditions of children and young people in Sweden based on recent reports, statistics and research.

Advice received from children and young persons

Opinions and advice from children and young people constitute an important factor in the determination of the priorities in the work of the Office of the Children’s Ombudsman. In accordance with the new amendments to the law on the Children’s Ombudsman, advice and opinions of children are to form an even greater role in the work of the Ombudsman in the future.

Methods of involving children and young persons in the work of the Office currently include so called contact classes, direct contacts between the Ombudsman and children during her visits around Sweden, and a Child and Youth Council. The contact classes currently number 120 classes in the senior grades of compulsory school (ages 13-16). The children’s replies are collected, analysed and presented in the Ombudsman’s annual report to the Government. The pupils’ opinions convey an important picture of how children and young persons view their lives.

The Child and Youth Council is a special expert committee of children and young persons living in the Stockholm region. This Child and Youth Council has about 15 members, aged between 10 and 15, and provides advice on topics which the Office should address and how.

Issues that children and young people themselves raise most often relate to stress, bullying and school lunches. Privately, or in smaller groups, many children mention the separation of their parents as a main concern.

This year’s Government report, Many can’t be seen but still exist, focused on children with functional impairments. Some of the findings were that children with functional impairments were more often bullied at school than other pupils, that children with functional impairments are often excluded from some lectures, for instance because they cannot enter the classroom in a wheelchair, and that they often have little or no possibilities of taking part in school excursions and extra curricular activities. Also in general the possibilities of these children to engage in spear time activities and to visit friends are very limited. Other issues raised in the yearly report of the Ombudsman include children with single parents, the position of children in legal procedures regarding custody, residence and contact and the increasing stress experienced by children.  

The completion and continuation of the national strategy for the Convention on the Rights of the Child

The three-year national strategy for the implementation of the UN Convention on the Rights of the Child, which was adopted by the Riksdag (parliament) in 1999 has been concluded and a final report was submitted by the Children’s Ombudsman to the Government in June 2002. The aim of the strategy has been that principles and rules of the Convention should penetrate all decisions relating to children. An important aspect has been to see to that the child perspective becomes deeply rooted in the public authority and thereby becomes a natural part of the routines of the authority concerned. Through the amendments which entered into force on 1 July 2002, the national strategy has been transformed into a permanent and integrated part of the work of the Office of the Children’s Ombudsman The national strategy has included:

Especially vulnerable children

The Office of the Children’s Ombudsman has during the last year undertaken several activities and projects dealing with children who are in an especially vulnerable situation. A study of high court decisions (second instance and the Supreme Court) undertaken in co-operation with the Office of the Ombudsman shows that in cases of divorce or separation, the parents are almost exclusively awarded joint custody over the child although there are serious indications (and in some cases convictions) that one of the parents has committed violent acts against the other parent and/or the child.  

In spring 2002, the Children’s Ombudsman proposed a series of legislative measures to protect another group of vulnerable children, children suffering from bullying. The proposals included an initiative to criminalize bullying and to extend the responsibilities of the school personnel in intervening with a view to prevent bullying from occurring at school.  

An alarming news has been the disappearance of tens of unaccompanied refugee children from various refugees’ centres in the country. There are reasons to believe that at least some of these children have become victims of prostitution and other exploitation of children. The Ombudsman has proposed various measures with a view to guarantee that there always is an adult person who is responsible for the safety and well-being of the unaccompanied children and that the responsibilities among the different authorities involved are clarified. 

International co-operation

In co-operation with Bosnia and Herzegovina, Peru, Sri Lanka, Tanzania, Vietnam and the Swedish International Development Co-operation Agency (SIDA), the Office of the Ombudsman has undertaken a project which aims at an information collection system designed to take stock of children's situation from a child perspective. It involves collecting statistical data from children themselves.  

On 7 – 25 October 2002, the Office of the Children’s Ombudsman, in co-operation with SIDA, organises the International Training Programme on the Rights of the Child and the UN Convention on the Rights of the Child in Stockholm. The objectives of the programme are, among others, to exemplify how the Convention on the Rights of the Child can be implemented at national, regional and local levels and to give the participants the opportunity to exchange experiences and ideas on children’s rights. The target group comprises parliamentarians, politicians, civil servants, NGO’s, lecturers and people working for children’s rights at a high level in a number of Central and Eastern European states. Two previous training programmes addressed participants from Southern and South East Asia and Eastern and Southern Africa. 

During the spring of 2002 the Children’s Ombudsmen of the Nordic countries met in Reykjavik to discuss the possibility of joint activities and the need for an interchange of experience. Co-operation with the other European Children’s Ombudsmen has also been intensified. 

The Children’s Ombudsman participated in the UN General Assembly Special Session on Children (UNGASS) in New York in May 2002.