Background

Sweden´s first Children´s Ombudsman was appointed on July 1, 1993. The issue of appointing a special spokesman for children and young people had been discussed in Sweden´s Parliament on a number of occasions through the 1980s and into the early 1990s.

Several Bills put before Parliament had called attention to the fact that children had no representative of their own who could invoke the law to safeguard their interests. The Norwegian Children´s Ombudsman was often cited as a good example of such an office. Various voluntary organisations also actively promoted the appointment of a Children´s Ombudsman.

 One of the main debates during this time was whether the work of the Children´s Ombudsman should be at a general level, or whether he or she should become involved in individual cases. One of the arguments against the Children´s Ombudsman´s involvement in individual cases was the risk that the tasks of the Children´s Ombudsman might come into conflict with the work of the Parliamentary Ombudsmen, or other government agencies.

Sweden ratified the UN Convention on the Rights of the Child
In 1990 the Swedish Parliament ratified the UN Convention on the Rights of the Child (the CRC). Sweden was thereby committed under international law to implement the Convention.

At about the same time, the Government decided to appoint a commission of inquiry to examine the issue of a government-appointed Children´s Ombudsman. In September 1991 the Commission submitted its report, "An Ombudsman for Children and Young People" (SOU 1991:70). The Commission recommended that Sweden appoint a Children´s Ombudsman with the task of safeguarding and promoting in the community the rights, needs and interests of children and young people. A majority of the official comments submitted supported the Commission´s proposals, and in a Bill (1992/93:173), the Government proposed that an Office of the Children´s Ombudsman be set up.

Work on a general level
The Bill emphasised that setting up an Office of the Children´s Ombudsman must not result in any reduction in the responsibilities of the municipal authorities or the supervisory authorities. Neither should the Children´s Ombudsman take over work done in this field by the voluntary organisations. The main task of the Children´s Ombudsman would be the overall monitoring of children´s and young people´s issues, as set forth in the CRC and Swedish legislation.

 The Swedish Parliament approved the appointment of a Children´s Ombudsman, and "The Children’s Ombudsman Act (1993:335)" came into effect on July 1 1993. Under the provisions of the Act, the work of the Children´s Ombudsman should be general in nature, and include information and opinion-forming activities on matters concerning the rights and needs of children and young people. The Children´s Ombudsman should not focus on individual cases.

Changes in legislation and a national strategy
In 1993, the Government appointed Louise Sylwander as Sweden´s first Children´s Ombudsman. She also became head of the newly-formed Office of the Children´s Ombudsman.

In the 1990s the Children´s Ombudsman addressed a series of issues, not least issues related to the influence of children and young people, and to children at risk. The Children´s Ombudsman was instrumental in having one of the basic principles of the CRC, Article 3 (the best interest of the child), written into the Parental Code, the Aliens Act and the Social Services Act, as a central paragraph.

In March 1999, the Swedish Parliament unanimously approved a national strategy to implement the CRC. The starting point for this strategy was that the spirit and intentions of the CRC should be given consideration in all decision-making concerning children in the country´s municipal and county authorities and in government agencies. An assignment of three years´ duration gave the Children´s Ombudsman a key part to play in this work.

On July 1, 2002 the work of promoting the introduction of the CRC in government agencies and municipal and county authorities was made one of the Children´s Ombudsman´s permanent tasks.

A Stronger Children´s Ombudsman
The Children´s Ombudsman Act was modified on July 1, 2002, nine years to the day after the Office was set up. These changes in the legislation strengthened the mandate and authority of the Office of the Children´s Ombudsman. Statutory provisions now regulate a greater part of the Children´s Ombudsman´s activities. Thus, decisions on the work of the Children´s Ombudsman are passed by Parliament instead of being made by the Government.

The Children´s Ombudsman is now empowered to request from individual government agencies and municipal and country authorities information about what they are doing in their activities to ensure compliance with the CRC. Furthermore, the Children´s Ombudsman is also empowered to summon government agencies and municipal and county authorities for discussions. 

Children´s Ombudsmen in Sweden since 1993
Sweden´s second Children´s Ombudsman was appointed 2001. Louise Sylwander´s successor was Lena Nyberg and in november 2008 Fredrik Malmberg became the third Children's Ombudsman.