345. In his reply,
the representative
of the State party stated
that since the
entry
into force of the new Cars of Young Persons Act, the criteria
for the
public care of children had been rendered more precise,
taking into account
either conditions at home or the young person’s behaviour.
When a decision to
prohibit
removal of a child was taken by the social welfare committee, the
committee was also auttnorixed to decide on the parents’ access to the child
during the period of prohibition.
Such decisions were subject to review by
the aounty administrative
courts.
Legislation
in Sweden made provision
for
remand in custody of the children of asylum seekers
if it was evident that the
children would conceal themselves in order to avoid an impending order,
In
1990, some 30,000 asylum seekers and 260 children had been taken into
custody.
The normal practice,
however, was not to Separate
the child from his
or her legal guardian.
346. With regard to that issue , members of the Committee wished to know
whether any action had been taken to resolve the questions raised in the main
report submitted by the Governmental Commission on the Legal Position of the
Ssmis and whether Sweden had experisncsd any difficulties
in reconciling
the
rights conferred under articles
26 and 27 of the Covenant with the traditional
values of specific minorities,
for example with regard to the equality
of the
sexes. In addition,
information
was requested on provisions
governing Stats
funding of religious
communities.
349. In his reply, the representative
~of the State party said that information
on the bill resulting
from the report of the Governmental Commission on the
Legal Position of the Samis would be provided in the ne%t periodic report.
Where the rights of minorities
were concerned , every effort
was made to ensure
that minorities
would be able to preserve their own cultural
heritage.
However, the exercise of that right had to be consonant with public order and
Swedish legislation.
The practice of female circumcision,
for example, was
illegal
in Sweden.
observu
.
348, Members of the Committee commendedthe Swedish delegation for its report
and for having engaged in a constructive
dialogue with the Committee, noting
that Sweden had one of the most outstanding human rights records in the
world.
At the same time, it was noted that 6oms of the concerns expressed by
members of the Committee had not been fully
allayed,
In commonwith many
other States parties,
Sweden had not incorporated
the Covenant into its
domestic legislation,
as a result of which there were 6ome gaps between the
provisions of the Covenant and Swedish law. Concerns were also expressed
about the absence of remedies for persons expelled from Swedish territory
because of suspected terrorist
involvement;
the possibility
of extended
periods of solitary
confinement) the procedure for admitting refugees to
Swedish territory:
and rules regarding the censorship of extreme violence in
the media. The provisions
of articles
16 and 17 of the Constitution,
which
did not bar discrimination
based on the grounds of language, political
opinion, property,
birth or other status, did not appear to be compatible with
the Covenant.
It was also regretted
that article
9 (3) wa6 not yet the basis
of Swedish practice concerning bail.
It was also not evident from the Swedish
Constitution
that the judiciary
was completely separate from the legislative
and executive branches.
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