Undocumented children in schools should have the same protection as children with protected personal data

In the Preliminary work 2012/13: 58 Education for children who are staying in the country without authorization [Utbildning för barn som vistas i landet utan tillstånd] it is stated that undocumented children are subject to the same confidentiality provision, neither stronger or weaker, as children victims of personal violations by for example a close relative (p. 26 of the report). This, the government states, because according to the Swedish Constitution ‘foreigners’ are equated with Swedish nationals if nothing else is stated in national legislation (see Chapter 14. 5 § TF).

 

This means that undocumented children living in Sweden can now have better possibilities to attend school.

 

Looking at police work no suggestions are made in the preliminary work as regards specific statutes or regulations on the work of enforcement of expulsion decisions. But: “The Government, however, will closely monitor this issue. If it turns out that police work is a major obstacle for children staying in the country without a permit to have access to education, the government will reconsider whether further regulation needs to be introduced” (p. 33)