Scandinavian Human Rights Lawyers win case concerning victims of human trafficking

Press release 24 May 2017

Scandinavian Human Rights Lawyers
24 May, 2017 – PRESS RELEASE
Phone: +46 70 725 19 17 / Email: info@shrl.eu

Scandinavian Human Rights Lawyers win case concerning victims of human trafficking

Since 2016, the Scandinavian Human Rights Lawyers have represented the human trafficking victim Madeleine* and her three-year-old son in their asylum process. In May of 2018 they finally won and were granted permanent residence permits in Sweden.

During an oral hearing in the Migration Court in Gothenburg the Scandinavian Human Rights Lawyers claimed that an expulsion would violate the right to privacy and family life, according to Article 8 of the European Convention and, moreover, to the provisions of the Child Convention and the principle of the best interests of the child. The Migration Court referred in its decision to the right to privacy and family life as well as the best interests of the child together with the fact that Madeleine was found to be a victim of trafficking in human beings and that she therefore needed the extra support efforts she currently has in Sweden. Due to a number of circumstances, including the exceptional circumstances of the case and because of the child's psychosocial development, as well as the fact that the child's father lives in Sweden, the Migration Court considered that Madeleine and her son should be granted permanent residence in Sweden.

- It is very satisfying that the Migration Court has decided to grant permanent residence permits to our clients and that the Court takes special consideration to the best interests of the child and the right to privacy and family life and the exceptional circumstances that apply to human trafficking victims, ​​said Ruth Nordström Senior Legal Counsel at the Scandinavian Human Rights Lawyers.

- Human trafficking victims are particularly vulnerable, and when significant support and relief efforts have been given in Sweden with good results, it is no more than reasonable that the family is allowed to stay in Sweden and not be forced to move to another EU country where all good results are likely to be destroyed because of a lack support, language skills, connection or network in general, says Rebecca Ahlstrand, lawyer at the Scandinavian Human Rights Lawyers.

- The case shows that our intense work to help and support victims of trafficking can have major and positive consequences in the lives and future of individual people. We continue to work for new practices to be established, where the Migration Board and the Migration Courts correctly apply the conventions that Sweden has undersigned on the area of human trafficking and human rights, said Ruth Nordström, Chief Legal Attorney at the Scandinavian Human Rights Lawyers.

- The Migration Board has in no way chosen to take account of our clients' specific vulnerabilities as victims of trafficking in human beings or that the Civil Society Platform against Trafficking Sweden identified them as victims of trafficking and has given them significant support efforts. We hope and believe that the current case will contribute to raising awareness at the Swedish Migration Board about the exceptional circumstances that exist in cases concerning victims of human trafficking, said Rebecca Ahlstrand, lawyer at the Scandinavian Human Rights Lawyers.

The case concerns the orphan Madeleine, who as a child was forced to prostitution in her native country in West Africa, where she was subjected to trafficking in human beings. She eventually managed to flee and ended up in Sweden where she applied for asylum. Her application was rejected, even after several appeals. During her stay in Sweden she gave birth to her son whose father is a European citizen. After a number of years, a new process began in Sweden, and the Scandinavian Human Rights Lawyers became legal counsels.

The Migration Court in Gothenburg decided after an oral hearing in the case, to grant Madeleine and her son a permanent residence permit because of what was considered to be "extremely distressing circumstances". The son is born in Sweden and his father is an EEA citizen. During the judicial process, Scandinavian Human Rights Lawyers assisted the son in establishing paternity, and then also his legitimate EU citizenship, which was of major importance in the case. The Migration Court found that in order for the boy to enjoy his rights as a citizen of the EU, his mother Madeleine can not be expelled to her native country of Guinea, Africa, as she is his primary guardian.

The Migration Board appealed the decision to the Supreme Court, but on May 8, the Migration Supreme Court decided not to grant a probation permit in the case, which means that the decision of the Migration Court is now settled.

* Madeleine is a fictive name.

For more information contactRuth Nordström, chairman SHRL
Email: info@shrl.eu or ruth.nordstrom@shrl.eu
Phone: +46 70-725 19 17

Skandinaviska Människorättsjuristerna (SHRL) är en skandinavisk juristorganisation som arbetar med att främja mänskliga rättigheter i Europa. SHRL är medlem i EU:s plattform för mänskliga rättigheter, European Union Agency for Fundamental Rights http://fra.europa.eu/en)

SHRL arbetar via internationella nätverk och organ och som styrdokument finns FN:s deklaration om mänskliga rättigheter, Barnkonventionen, Europakonventionen om de mänskliga rättigheterna och Europarådets konvention om bekämpande av människohandel. SHRL och Scandinavian Human Rights Committee delar årligen ut priset Scandinavian Human Dignity Award.

The UN Committee against torture stops expulsion of convert to Pakistan

AMMAR*, A PAKISTANI human rights activist, fled to Sweden after being subjected to detention and torture in Pakistan. During his time in Sweden, he converted from Islam to Christianity. Swedish authorities rejected his application for a residence permit and decided to expel Abdul, despite the risk of torture and death penalty in Pakistan, which is one of the world's most dangerous countries for Christians. In January 2018, the Scandinavian Human Rights Lawyers filed a complaint to the UN Torture Committee, which immediately stopped the expulsion through interim measures (A.M. v Sweden, ref 859/2018). The Swedish Government has been asked to submit an opinion.

* Ammar is really called something else.

Scandinavian Human Dignity Award 2017 to the Swedish Salvation Army for their work against trafficking in human beings

         

Members of the Scandinavian Human Rights Committee together with the award winners. Photographer: Johan Rudén

On November 22, the Scandinavian Human Rights Lawyers and the Scandinavian Human Rights Committee awarded the Swedish Salvation Army with the Scandinavian Human Dignity Award. The award was given to the managers of the Salvation Army's sheltered housing for women exposed to trafficking, abuse and exploitation. The award ceremony took place in the Salvation Army's headquarters in Stockholm, with the presence of women and children living in the shelters of the Salvation Army.

- In recent years, Scandinavian Human Rights Lawyers have collaborated with the shelters of the Salvation Army and closely monitored how the practical relief efforts contribute to the protection, support and restoration of some of the society's most vulnerable. The Salvation Army also works with preventive efforts by spreading information and raising awareness about the issue and has developed a very good educational material. They also conduct outreach activities, which is very important, as many victims of trafficking do not dare to report the crimes they have been exposed to, the police. We are very pleased about the cooperation with the Salvation Army and to be able to award the managers of the shelters for victims of human trafficking with the Scandinavian Human Dignity Award 2017, said Ruth Nordström, Senior Legal Counsel and Chairman of the Scandinavian Human Rights Committee.

- The Salvation Army comes into contact with human trafficking daily through its extensive social work and through a national support program, the vulnerable victims of trafficking and violence and their families are accommodated in housing. Trafficking in human beings is the slavery of our time and constitute serious violations of a number of human rights, where women and children are particularly vulnerable victims. The Salvation Army's efforts to protect vulnerable victims of trafficking in human beings and to strengthen their hope and belief in the future, give them confidence and promote their rights and freedoms, are highly honorable, said Rebecca Ahlstrand, lawyer and member of the Scandinavian Human Rights Committee.

-In my work to help the prostitutes on Malmskillnadsgatan, I meet the vulnerable of society, and I have been exposed to sexual abuse and sold to prostitution myself. When I received the prize in 2013, I was deeply moved to see the statue, which showed a broken man who rises to his full human dignity. I felt it was my life that was symbolized. The Salvation Army's work, which is unique, is based on the value of all human beings. The Scandinavian Human Dignity Award symbolizes their work to give people an established human worth, said Elise Lindqvist, member of the Scandinavian Human Rights Committée.

Members of the Scandinavian Human Rights Committee are: Senior Legal Counsel, Ruth Nordström, President, Professor Reinhold Fahlbeck, Professor Kjell O Leijon, Elise Lindqvist, the “Angel in Malmskillnadsgatan” (the prostitution street of Stockholm), Johan Rudén, Education Advisor, Rebecca Ahlstrand, Lawyer, and Marianne Lidskog, Deacon and former Diplomat.

In 2013, Elise Lindqvist, the “Angel in Malmskillnadsgatan” (the prostitution street of Stockholm) received award. Year 2014, the prize ceremony was held in the European Parliament in Brussels and awarded to the Council of Europe's Trafficking Report, José Mendes Bota, at a seminar about trafficking and the Swedish sex purchase law. The Scandinavian Human Dignity Award 2015 was awarded Lars Adaktusson at a parliamentary seminar with the theme: "There is a genocide in the Middle East - What are we doing about it?"

The 2016 winner of prize was Dr. Denis Mukwege, chief physician at Panzis Hospital in east DR Congo, where tens of thousands of women and children, exposed to sexual violence, have received care. Dr. Mukwege is world-renowned for his work for raped and sexually abused women and he has challenged both the UN and the international community and has become a spokesperson for war victims in Congo.

For more information, see: http://humanrightslawyers.eu/scandinavian-human-dignity-award/

For more info contact:

Senior Legal Counsel Ruth Nordström
Phone: +46 (0)18 - 750 52 11
Mobile +46 (0)70 - 725 19 17
E-mail: info@shrl.eu
Web: www.shrl.eu

Kremena Hultby and Carolina Nilsson, Salvation Army´s managers of the shelters for victims of human trafficking. Photographer: Johan Rudén

Swedish Salvation Army´s Chief Secretary Kjell Olausson, receiving the Scandinavian Human Dignity Award together with the managers of the shelters for victims of human trafficking. Photographer: Johan Rudén

Elise Lindqvist, the Angel in Malmskillnadsgatan (the prostitution street of Stockholm), Rebecca Ahlstrand, lawyer, and Ruth Nordström, president of the Scandinavian Human Rights Committee. Photographer: Johan Rudén

Scandinavian Human Rights Lawyers is a Non-Governmental Organization dedicated to the promotion and protection of human rights and human dignity in Scandinavia and Europe. Scandinavian Human Rights Lawyers implements an effective strategy of advocacy, networking and education on legal issues.

Human trafficking, sexual abuse and violence - how can we cooperate to make a change?

Press release November 10, 2017

Scandinavian Human Rights Lawyers
Nov 10, 2017 - PRESS RELEASE
Phone:  +46 (0) 18 – 750 52 11 / Email: info@shrl.eu

Human trafficking, sexual abuse and violence - how can we cooperate to make a change?

On November 9, representatives from Uppsala University, the police authority, lawyers, researchers and NGO:s will gathered for a conference at Uppsala Concert and Congress Hall. The conference was part of an EU project called Pro Victims Justice through an Enhanced Rights Protection and Stakeholders Cooperation. 
 
The presentations from the seminar can be watched here: https://media.medfarm.uu.se/play/video/7425
Pictures from the seminar here

 

Scandinavian Human Rights Lawyers is a Non-Governmental Organization dedicated to the promotion and protection of human rights and human dignity in Scandinavia and Europe. Scandinavian Human Rights Lawyers implements an effective strategy of advocacy, networking and education on legal issues.

Trafficking Case - Savka

WHEN SAVKA* WAS 15 years old she was forced by her father to marry a man who used drugs and was aggressive. After some time, she gave birth to a daughter who died after two months. She left her husband and returned to her father who sold her to a man in Sweden after one week’s time. When Savka refused to go she was abused by her father.

SHORTLY AFTERWARDS THREE men came and took her by force from her home country in South Eastern Europe to a town in the western part of Sweden. She was locked in during two months and was abused several times before she was taken to an apartment in the central parts of Sweden, owned by the man she was sold to. In his apartment she was raped many times by that man and his father before she managed to escape.

AFTER HER ESCAPE, Savka applied for asylum and the Scandinavian Human Rights Lawyers were appointed as her public counsels. Despite coming to Sweden as a victim of human trafficking, the Swedish Migration Board decided to deny her application for protection.

SAVKA'S APPEALS WERE also rejected. She was banned from returning to to Sweden and the case was handed over to the police authorities for execution.

* Savka is really called something else.

Human trafficking, sexual abuse and violence - how can we cooperate to make a change?

The #MeToo campaign has spread throughout the world and raised a huge debate, even in Sweden. How can we support and protect victims of sexual abuse, domestic and honor-related violence and human trafficking? How can stakeholders cooperate to make a change?

On November 9, representatives from Uppsala University, the police authority, lawyers, researchers and NGO:s will gather for a conference at Uppsala Concert and Congress. Even Elise Lindqvist - The Angel on Malmskillnadsgatan, the prostitution street of Stockholm, will participate.
The conference is part of an EU project, funded by the EU Commission, called Pro Victims Justice through an Enhanced Rights Protection and Stakeholders Cooperation, in collaboration with UFOLD, Uppsala University, Scandinavian Human Rights Lawyers, Landespräventionsrat Niedersachen am Justizministerium Niedersachen, Germany, Center for the Study of Democracy, Bulgaria, Uniunea Nationala a Barourilor your Romania, Romania, and ASOCIATA PRO REFUGIU, Romania.
Note: Limited number of seats, only a few places left. Sign up for your interest in the conference at info@shrl.eu
Event Schedule

 

The European Court of Human Rights makes final decision in human trafficking case

Press release October 18, 2017
EU Anti Human Trafficking Day

Scandinavian Human Rights Lawyers
Oct 18, 2017 - PRESS RELEASE
Phone:  +46 (0) 18 – 750 52 11 / Email: info@shrl.eu

The European Court of Human Rights makes final decision in human trafficking case

On October 5, 2017 the European Court of Human Rights decided to close the case of C.A. and P.A. v. Sweden (75348/16) as the Swedish authorities have now assured the European Court that a 28-year-old mother and her 6-year-old daughter will not be transferred to Italy but will have their application for asylum examined in Sweden. The European Court of Human Rights therefore considers that the family is no longer at risk of inhumane and degrading treatment or slavery in the form of trafficking in human beings in Italy, thus closing the case.

The background of the case is that, on December 9, 2016, the European Court stopped the transfer of the woman and her daughter to Italy in accordance with the Dublin Regulation when Scandinavian Human Rights Lawyers made a notification under Rule 39. The European Court decided to stop the transfer, which has been decided by the Swedish authorities, until further notice as there were no individual guarantees for protection and assistance from Italy, where they were previously exposed to gross trafficking in human beings. The Swedish Government pointed out that Italy provided general guarantees, but this was not considered sufficient and on December 21, 2016, the European Court decided on further interim measures.

The mother and daughter are fleeing from traffickers who sold the mother as a sex slave in Italy. They put a gun against the daughter's tinning, lit cigarettes and burned her on the body. Then they raped the mother while her daughter was forced to watch. The daughter saw the assault and how the mother was beaten and battered until she bled. Because of the trauma, the daughter stopped eating, talking and playing and was forced to wear diapers again. The traffickers took their passports and paper, cut off their hair and threatened to kill them. They have told the mother that wherever she hides, they will look for her and kill her and her daughter. With help the mother and daughter were able to flee to Sweden, but the Swedish Immigration Service and Swedish courts decided to send them back to Italy, where they were previously were subjected to trafficking in human beings.

- We are rejoicing with our clients who are now protected from being transferred to Italy where they are at risk of being subjected to human trafficking and abuse by the traffickers that previously raped, sold and threatened them", said Ruth Nordström, Chief Counsel of Scandinavian Human Rights Lawyers.

- Scandinavian Human Rights Lawyers hope that Swedish authorities will take the interim decision of the European Court seriously and change the practice of routinely transferring human trafficking victims to other European countries where they at risk of being traumatized and abused by traffickers”, says Rebecca Ahlstrand, lawyer of Scandinavian Human Rights Lawyers.

- Swedish authorities need to increase knowledge about trafficking in human beings and the commitments that Sweden has undertaken, such as the European Convention, EU Law and the Council of Europe Convention on Combating Trafficking in Human Beings. Today, knowledge within decision-making authorities needs to be enhanced and changes in practices are needed - we hope this decision can influence the authorities, says Ruth Nordström, Chief Counsel of Scandinavian Human Rights Lawyers.

Read the entire decision: HERE

Scandinavian Human Rights Lawyers is a Non-Governmental Organization dedicated to the promotion and protection of human rights and human dignity in Scandinavia and Europe. Scandinavian Human Rights Lawyers implements an effective strategy of advocacy, networking and education on legal issues.

Trafficking Case – Madeleine and her son

MADELEINE* APPLIED FOR asylum in Sweden in 2009. Madeleine, an orphan, had previously been forced to prostitution since she was a child in her home country in western Africa and was imprisoned after having participated in a pornographic movie. When she was released she fled the country out of fear of being imprisoned or forced to prostitution again. She was furthermore afraid that she would be met by reprisals by civils because of the pornographic movie in which she had participated. She ended up in Sweden and applied for asylum. Her application was rejected, even after appeals. 

THE MIGRATION BOARD opened a new asylum case at a later stage and this time Scandinavian Human rights Lawyers were appointed as public counsels. The application was again denied and Madeleine and her son were expelled to Africa, even though the son had been born in Sweden to Madeleine and a man who was a European citizen. Madeleine appealed the decision to the Migration Court of Appeal on the grounds that she had been a victim of trafficking in her home country and was still in need of support and help in many regards. Through intense work the Scandinavian Human Rights Lawyers managed to establish evidence of citizenship in Europe for Madeleine’s son. Because of this and because of the special needs of the family and also the rights of the child, Madeleine and her son were granted permanent residence permits in Sweden.

THE MIGRATION BOARD has appealed the decision and asked for leave to appeal with the Migration Court of Appeal, a final decision is expected soon.

* Madeleine is really called something else.

Swedish Midwives file case before the European Court of Human Rights

Press release 16 June 2017

Scandinavian Human Rights Lawyers
16 June, 2017 – PRESS RELEASE
Phone: +46 70 725 19 17 / Email: info@shrl.eu

Swedish Midwives file case before the European Court of Human Rights

On 14 June two Swedish midwives together with the Scandinavian Human Rights Lawyers filed a complaint against Sweden to the European Court of Human Rights in Strasbourg for violations of the right to freedom of conscience and freedom of expression under the European Convention on Human Rights.

- During an acute midwife shortage in Sweden, where over eighty percent of the County councils that run local hospitals have reported having trouble recruiting midwives, Ellinor Grimmark and Linda Steen have been denied the right to work within their profession, because of their conscientious objection to abortion. This is a severe violation of their Convention protected rights, said Ruth Nordström, Senior legal counsel, Scandinavian Human Rights Lawyers.

- In the Council of Europe region freedom of conscience for medical practitioners is almost universally protected. With the exception of Sweden, every EU member state has either a general law protecting freedom of conscience, or a specific law protecting medical practitioners’ rights of conscience. The majority of States have both a general provision and a specific law, said Ruth Nordström.

- The consensus in Europe is a reflection of the fundamental nature of the right to freedom of conscience generally, and within the medical profession in particular. There is a clear common ground both in Europe and internationally that health care professionals should be granted the right to conscientious objection, said Jörgen Olson, Senior legal counsel.

- To able to justify an interference in the right to freedom of conscience, a state must advance convincing and compelling reasons corresponding to a “pressing social need”, according to the case law of the European Court of Human Rights. However, the facts made out in the the current cases make it clear that there is no “pressing social need” to force all midwives to participate in abortions or to ban midwives Linda Steen and Ellinor Grimmark and likeminded midwives from their work within delivery care or postnatal care, quite the opposite, said legal counsel Rebecca Ahlstrand.

FACTS on Freedom of Consience in Europe:

Skandinaviska Människorättsjuristerna (SHRL) är en skandinavisk juristorganisation som arbetar med att främja mänskliga rättigheter i Europa. SHRL är medlem i EU:s plattform för mänskliga rättigheter, European Union Agency for Fundamental Rights http://fra.europa.eu/en)

SHRL arbetar via internationella nätverk och organ och som styrdokument finns FN:s deklaration om mänskliga rättigheter, Barnkonventionen, Europakonventionen om de mänskliga rättigheterna och Europarådets konvention om bekämpande av människohandel. SHRL och Scandinavian Human Rights Committee delar årligen ut priset Scandinavian Human Dignity Award.

Swedish Midwives file complaints to the European Court of Human Rights

On the 14 June 2017 two Swedish midwives, Ellinor Grimmark and Linda Steen, filed complaints against Sweden for violations of their freedom of conscience and religion to the European Court of Human Rights in Strasbourg.

Ellinor Grimmark has been denied employment as a midwife at the Högland Hospital women’s clinic and at Ryhov women's clinic and her employment at the hospital of Värnamo was terminated. Ellinor Grimmark was granted a job as a midwife, with respect of her freedom of conscience at Värnamo women's clinic, but the County Council of Jönköping terminated the employment because Ellinor Grimmark’s opinion on abortion had been made public through a news article in the local media.

Linda Steen had a contract with Nyköping Hospital women’s clinic within the County of Sörmland, in which they had agreed that she was to work within the clinic for two years after her midwife studies. However, the County broke the contract when she informed them that she was unable to perform abortions due to her faith and her conscience. She has to commute to Norway, where she can work as a midwife with freedom of conscience.

-During an acute midwife shortage and major crisis within delivery care, where over eighty percent of the County Councils that run local hospitals in Sweden have reported having trouble recruiting midwives, Ellinor Grimmark and Linda Steen have been denied the right to work within her profession, because of their conscientious objection to abortion. Article 9 of the European Convention gives everyone the right to freedom of thought, conscience and religion, and any restrictions in these rights have to be prescribed by law and measure have to be proportionate and necessary in a democratic society, said senior legal counsel, Ruth Nordström.

-It cannot be considered proportionate or necessary to prohibit midwives from working in delivery care or postpartum care, especially considering that there is such shortage on midwives in Sweden. Patient safety within delivery care is threatened and forcing midwives to work in Norway is contrary to women’s rights and the right to adequate health care, said senior legal counsel, Ruth Nordström

-  Ellinor Grimmark´s and Lindas Steen´s rights to freedom of thought, conscience and religion have been violated through the actions of Swedish authorities and through the systematic and ongoing prohibition for them and others likeminded to be employed as midwives within Swedish healthcare. There is a wide consensus among the European states, including the neighboring Scandinavian countries, Norway and Denmark, to protect health care worker´s rights according to the Convention, said legal counsel Rebecca Ahlstrand.

- A majority of all member states of the Council of Europe, including the neighboring countries Norway and Denmark, protect the right to freedom of conscience for health care professionals in law or practice. Against this background, the Swedish authorities cannot claim that it is not possible to accommodate conscientious objections in healthcare, says Jörgen Olson, senior legal counsel.