We can see that this is essentially an impossible task and that these children will become guinea pigs. It will be "trial and error", says Li Melander, who is a child rights lawyer at Unicef Sweden.
Li Melander is careful to point out that it is not the Prison and Probation Service that is doing anything wrong in preparing themselves in accordance with the task they have received from the government.
We also have communication with them and do our best to accept the situation and support them as much as we can.
According to the UN Convention on the Rights of the Child, which is also Swedish law, the best interests of the child must be taken into account in all decisions concerning children. All children have the right to education, play, rest, and leisure. Children also have the right to access information through, for example, the internet, radio, and TV.
Furthermore, it is specified that children who are accused of crimes or have been convicted of an offense have the right to be treated fairly and to be rehabilitated back into society.
Greatest Concerns
Unicef Sweden believes that the child right that will be most difficult for the Prison and Probation Service to fulfill is the right to school and education.
The concern is mainly about how to find competent staff for the special environments that the Prison and Probation Service's institutions are anyway.
We already know today that detained children to a large extent have neuropsychiatric disabilities. It requires an incredible competence from the staff, says Li Melander.
Several Deficiencies
Already today, there are a smaller number of children and young people who are detained. There, Unicef has found that there are deficiencies, among other things, in the suspected children's right to human contact.
Children have the right to four hours of human contact, but it is incredibly rare for children to get access to those hours. There are many reasons why it doesn't work, but a major reason is simply staff shortages and competence shortages, says Li Melander.
The government instructs the Prison and Probation Service to prepare for the establishment of special units for children and young people aged 15-17, pending the Riksdag's decision, which are to be ready to be taken into operation no later than July 1, 2026.
The Prison and Probation Service shall ensure that the activities are adapted for children and young people, which means that the implementation shall take place under safe forms with the right to, among other things, care, treatment, school, and other suitable activities.
Source: Government decision Ju2023/02157
