Louise Dane discusses in her Policy Brief the implications of the new political climate which might have an effect on asylum issues. This updated Policy Brief explores the meaning and significance of the best interests of the child within migration law and examines how this principle intersects with the state's authority to regulate immigration. While the Convention on the Rights of the Child mandates that legislative proposals align with children's rights, it also stipulates that the protection of these rights must not be compromised.
The latest version of the Policy Brief reveals that in recent years, children's rights have been increasingly prioritized by both the Migration Agency and the courts. Notably, the Migration Court has issued a judgment outlining a methodology for conducting assessments of a child's best interests (MIG 2020:24). However, there are concerns that the new proposals in the Tidö Agreement may undermine the principle of the Child's Best Interest.
The UN Committee on the Rights of the Child, in its recommendations to Sweden in March 2023, expressed apprehension regarding the potential consequences of all 33 proposals in the Tidö Agreement related to migration (see CRC/C/SWE/CO/6-7). These recommendations underscore the importance of upholding the rights enshrined in the Convention on the Rights of the Child for children in migration processes.
It is imperative to transparently address the balancing of interests in migration law, particularly concerning children. To ensure that the best interests of the child are consistently upheld in each case, it is recommended that the following steps be taken:
- Identify the best interests of the child.
- Identify factors related to the benefits of regulated immigration and assess each child's circumstances to discern impediments to granting residence in Sweden. Determine the prevailing interests in each case.
- To ensure that authorities and courts meet their duty to provide reasoned decisions, it is advisable to motivate all procedural stages leading to a decision clearly in rulings and judgments.