3. Annex I to this submission contains previous recommendations to Sweden on the child’s right to a
nationality, for ease of reference of the Committee. Annex II highlights nationality and statelessnessrelated information in the LOIPR (combined fifth and sixth Periodic Reports) and Sweden’s report
under the LOIPR, to which this submission provides comments. Annex III provides an overview on
Sweden’s relevant international obligations when it comes to ensuring the right to nationality and
avoiding childhood statelessness. Annex IV includes more information about the co-submitting
organisations.
4. The co-submitting organisations hope that the Committee will draw on this submission to raise the
issue of realising the right of every child to acquire a nationality in its Concluding Observations to the
Government of Sweden. The submission suggests questions for the Government of Sweden per
substantive section, for consideration of the Committee to include in its interactive dialogue. The final
section of the submission includes suggested recommendations, which may be drawn on by the
Committee in formulating its Concluding Observations.
Overview of childhood statelessness in Sweden
5. Nationality in Sweden is governed by the 2001 Citizenship Act (as amended up to 2021).1 There are
several gaps in Swedish law, policy, and practice which aim to prevent and reduce childhood
statelessness and ensure that all children born in Sweden who would otherwise be stateless can enjoy
their right to a nationality.2 This is also of true of laws, policies, and practices which aim to facilitate
access to Swedish nationality for stateless children in the migratory context with domicile in the
country. Swedish law lacks a definition of a stateless person, although the term ‘stateless’ is mentioned
in the law several times.3 While there are some procedures through which different government
agencies may identify stateless persons, there is no statelessness determination procedure established
in domestic law. The lack of a dedicated statelessness determination procedure (SDP) leading to a
dedicated statelessness status, through which stateless people can enjoy their rights according to
international law, is a concern. Without a legal statelessness status, stateless children are not always
protected under the dedicated statelessness Conventions to which Sweden is a party (see Annex III)
and cannot enjoy their right to a nationality as stipulated in Article 7 CRC. Further, none of these
procedures through which statelessness can be identified in Sweden leads to legal residence status nor
rights based on the statelessness status, and most rights that stateless people have access to depend on
their eligibility for protection or residence under other routes.
6. There are several sources of disaggregated data on the stateless population in Sweden, and data is
collected on stateless people granted asylum or nationality in Sweden. However, it is very likely that
1
Swedish Citizenship Act (2001:82) (with amendments up to and including SFS 2021:771) [Sweden], 20 July 2021, available at:
https://www.refworld.org/docid/4e6628972.html. ]
2
For an analysis of Swedish nationality law, policy and practice, see European Network on Statelessness, STATELESSNESS INDEX, Sweden,
available at: http://www.index.statelessness.eu/country/sweden.
3
SOU 2021:54, p. 60 "there is no definition for the term stateless in Swedish domestic law, however, Swedish authorities apply the definition in Article
1(1) of the 1954 Convention related to the status of stateless persons"
2