Alla ska ha rätt till rättigheter - Sveriges implementering av FN:s konvention om barnets rättigheter för papperslösa barn

Abstract

United Nations Convention on the Rights of Child demands the comprehension of every child’s spirit. Undocumented children are exposed to numerous dangers because of their inability to demand rights from a government. The Swedish government has denied these children their inherent rights, which contradicts the nature of the Convention. Hannah Arendt states that human rights are universal, but do not apply for all; social status is a decisive factor. Thomas Hammarberg regards the Convention as “soft law” (own translation), meaning that an infringement of the treaty is possible without major repercussions. The objective of this essay is to investigate how the Swedish government puts the Convention of the Rights of Child into practise for undocumented children, specifically on the right to healthcare and education. By comparing official government documents and recommendations made by Save the Children, the qualitative method used will determine whether a breach of the Convention is taking place. Sovereignty is a decisive factor in this debate regarding undocumented minors.