(THIS ARTICLE IS MACHINE TRANSLATED by Google from Norwegian)
Exactly three years ago, the UN Committee on the Rights of the Child pointed out a number of areas in which Norway does not adequately respect the UN Convention on the Rights of the Child.
Among the issues raised were the authorities' treatment of single, asylum-seeking children and refugee children.
The UN Committee on the Rights of the Child shall monitor that the countries that have ratified the UN Convention on the Rights of the Child follow up the rights of children in practice.
All countries are required to report this to the UN Children's Committee every five years. Then last happened for Norway five years ago, in 1998.
The Children's Committee's assessment of Norway's children's policy came two years later, in May 2000. It shows that the UN believes that Norway has its right to rectify, not least in relation to asylum children.
The UN is thinking
When the Convention on the Rights of the Child was ratified by Norway in 1991, no legislative changes were made. The convention was thus not subject to "active incorporation" into Norwegian law. This was still a complaint when the UN Committee on the Rights of the Child sent its report to Norway three years ago:
"The Committee remains concerned that the general principles and provisions of the Convention have not yet been fully incorporated into national law as recommended."
Three years after the UN's criticism and 12 years after Norway ratified the convention, work is now finally being done to incorporate it into Norwegian law – albeit with the exception of the Convention on the Rights of the Child's provisions on asylum children (see main).
The children are not heard
When it comes to single, asylum-seeking children and refugee children, Norway is criticized for several issues.
The UN Committee on the Rights of the Child is firstly "concerned" that the provisions and principles of the Convention on the Rights of the Child are not fully respected with regard to asylum-seeking children:
"In particular, the Committee is concerned that asylum-seeking children are not given sufficient opportunity to participate in the processing of the asylum application, and that their views are not sufficiently emphasized."
In other words: The right to be heard (Article 12) is not being enforced, something Save the Children has in vain pointed out since the UN criticism came five years ago.
In addition, Norway is criticized for the lack of appointment of guardian for solitary asylum-seeking children, and for the processing of asylum applications and settlement for this group takes too long.
Single asylum children
The UN Committee on the Rights of the Child is also "particularly concerned" that the best interests of the child are not always given "when children come to the country unaccompanied as asylum seekers or refugees".
The Committee values the principle that children within Norwegian jurisdiction shall enjoy the rights provided for in the Convention – even if they do not have legal residence in Norway.
But it is nevertheless "concerned" that "the principle is not enshrined in all relevant national legislation", as it is called.
The Norwegian authorities are also criticized for conditions that apply to both Norwegian children and asylum children, for example in relation to separation from parents and family reunification.
The Ministry of Justice's proposal to incorporate the Children's Convention into Norwegian law gives no answer as to whether Norway is finally taking the UN's objections and criticism seriously.
The answer will only be available when the new Immigration Act proposal is presented in December this year.
