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. -85-

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents