proposal pending to also incorporate the CRC into national law.48 Transformation, which is most commonly
used, means that a convention, or provisions therein, are translated and transformed into Swedish legal
text. However, no action is required, or taken, if the provisions in an international convention are already in
compliance with Swedish law.
International obligations which have not been transposed into Swedish legislation cannot be invoked
before a national court. However, courts and other judicial authorities shall interpret Swedish legislation in
conformity with the international conventions by which Sweden is bound (fördragskonform tolkning).49
The 2001 Act on Swedish Citizenship and the 2001 Decree on Swedish Citizenship50, including the
amendments adopted since then, together with the Instrument of Government of 197451 prohibiting the
deprivation of Swedish nationality from nationals who live or have lived in Sweden, form the basis for the
national legal framework on nationality. However, as will be illustrated in the sections below, all provisions
in the 1954 and 1961 Conventions have not been transformed into the Swedish legislation even though it
is not fully in line with these conventions.
2.2 A statistical overview of the stateless
population in Sweden
2.2.1 Specifics of the data used
Administrative data on the stateless, or potentially stateless population in Sweden is available in two
different public registers: the Swedish Population Register and the Register of the SMA. In both registers,
individuals can be registered as “stateless”, as having “unknown” nationality, or as having their nationality
“under investigation”.
In addition to collecting taxes, the Swedish Tax Agency is responsible for managing the civil registration of
private individuals living in Sweden, contained in the Population Register. The Population Register contains
information about each person registered, such as their age, place of birth, citizenship, marital status,
children, date of taking up residence in Sweden and address, as regulated by the Population Registration
Act.52 It is through registration in the Population Register that a person obtains many of their rights, such as
the child allowance. When registered in the Population Register for the first time, a person will receive their
unique personal identity number, which is required in order to have full access to many of the State and
private-sector services in Sweden.
Generally, a person is only registered in the Population Register if they have been granted a residence permit
in Sweden. According to Section 4 of the Population Registration Act, an alien shall not be registered if he or
she does not have the required residence permit and if there are no other particular reasons for registering
48
The proposal, which is the result of a Government appointed inquiry into the feasibility of incorporating the CRC in national law,
can be found on the Governments website, in Swedish available at: http://goo.gl/kknLFA.
49
Swedish Government webpage on human rights, brochure on human rights in Sweden, pp. 5-6, available at:
http://goo.gl/VCFs6Z.
50
Medborgarskapsförordning (2001: 218), available at: https://goo.gl/CrM8j2.
51
The Instrument of Government is one of the four fundamental laws of Sweden and determines the way in which Sweden is
governed. As such, it contains rules on “the realisation of democracy in Sweden and on the division of power between the
Riksdag, Government, municipalities and county councils and courts. It also sets out the fundamental rights and freedoms
enjoyed by the people of Sweden”. Information about the Instrument of Government in English available at: http://goo.gl/slIHVp.
The full text of the Constitution is available at: http://goo.gl/p1Hkdm.
52
Folkbokföringslag (1991: 481), available at: http://goo.gl/GeGsju.
UNHCR STOCKHOLM, 2016
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