(Un)protected children? - Social rights of children with disabilities granted temporary protection in Sweden

Abstract: This thesis examines the legal landscape surrounding the social assistance provided to children with disabilities under temporary protection in Sweden. The aftermath of Russia’s invasion of Ukraine in 2022 prompted a significant influx of displaced individuals into the EU. The EU Temporary Protection Directive was activated for the first time. The thesis explores the Swedish legal system’s response to these vulnerable children’s needs. The central aim of the thesis is to evaluate the access to social assistance granted to children with temporary protection in Sweden. The following research questions have been investigated to fulfil the aim: (i) What social assistance is granted to children with disabilities in general and children with temporary protection in Sweden according to national law? (ii) Can the rights enshrined in the ECHR and the CRC be used as arguments for granting full access to social assistance to children with disabilities under temporary protection? (iii) How is the minimum level of social assistance defined in the TPD? Does the Swedish legislation meet the TPD and the CFR minimum standards on access to social assistance for children with disabilities granted temporary protection? The analysis reveals that the primary acts applicable to children with disabilities under temporary protection are the Act on Reception of Asylum Seekers and others (LMA) and the Social Service Act (SoL). The children under temporary protection are excluded from the scope of the Act Concerning Support and Service for Persons with Certain Functional Impairments (LSS) due to them not being considered residents in the meaning of the act. However, the scope and application of the SoL may be unclear and depend on whether the children are seen as temporarily visiting Sweden. Due to the interpretation challenge related to the status of children granted temporary protection, the scope to which the social assistance measures are given can vary across municipalities, leading to inconsistencies and potential limitations in access to social assistance. The thesis explores the potential use of ECHR and CRC rights as arguments for obtaining more comprehensive social assistance. The child’s best interests, non-discrimination, and the right to private and family life emerge as key considerations, suggesting a nuanced interplay between these rights and the national legal framework. These rights may require providing access to social services to the children granted temporary protection beyond acute care under the SoL. The prohibition of discrimination may also demand that the children under the temporary protection receive access to the LSS measures, though whether such practice will be developed is to be observed. The analysis concludes that Sweden’s social care system falls short of meeting the Temporary Protection Directive’s requirement for equal protection of children granted temporary protection. The thesis underscores the legal complexities and shortcomings within the Swedish system regarding social assistance for children with disabilities granted temporary protection. It argues for legal reforms to ensure consistency, equality, and adherence to international and EU standards, fostering a more inclusive and protective environment for all vulnerable children.