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.

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.

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.

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.

Swedish Midwives file case before the European Court of Human Rights

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

A background/press briefing will be held at the Hilton Hotel Strasbourg and the midwives, Ellinor Grimmark and Linda Steen, will give statements concerning their case together with legal counsels. There will be time afforded for questions and interviews during and after the briefing.

A light lunch will be served the attendants.

Time:
1 pm -1.30 pm, Wednesday June 14

Place: 
The Hilton Hotel, 1 Avenue Herrenschmidt, 67000 Strasbourg, France

Speakers:
Midwife Ellinor Grimmark, midwife Linda Steen, Senior legal counsels Ruth Nordström and Jörgen Olson

For questions or interview booking, please contact info@shrl.eu

”Sweden should protect human rights for health care workers”

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.

Both Ms. Grimmark and Linda Steen are Christians and they knew that some midwives participate in abortions, but they assumed that the hospitals would offer them work within delivery care and postnatal care.

In November 2013, Höglandssjukhuset women’s clinic withdrew a job offer as a midwife from Grimmark after she explained that she could not perform abortions because of her conscientious objection and her Christian faith. The head of the maternity ward said that Grimmark “was no longer welcome to work with them” and questioned “whether a person with such views actually can become a midwife.” A few months later, Grimmark tried to obtain employment with Ryhovs women’s clinic, which told her that a “person who refuses to perform abortions does not belong at a women’s clinic”.

In January 2014, Värnamo Hospital’s women’s clinic offered Grimmark a job within the delivery ward, but then withdrew employment because she had expressed her opinion in the media regarding abortion. The head of the hospital told Grimmark that no employee was allowed to “publicly take a stand against abortion”. Ms Grimmark was offered counseling to help her come to terms with abortions and change her mind.

The case of Ellinor Grimmark has been hugely debated in Sweden and speaking at a panel on Islamist extremism in 2015, Mona Sahlin, a prominent politician and former Swedish government antiterrorism coordinator, argued that “those who refuse to perform abortions are in my opinion extreme religious practitioners, not unlike jihadists”.

The other Applicant, Linda Steen had a contractual employment with Sörmland County council, which was broken by the County council. She was also exposed to several offensive statements about her beliefs.

- Ellinor Grimmark and Ellinor Grimmark have been unjustly denied employment by four different hospitals because of their conscientious objection to abortion and Ms Grimmark has also lost a job because she expressed her opinion publicly in the media. Sweden is required to safeguard the right to freedom of expression and freedom of conscience under the European Convention on Human Rights, said Senior Legal Counsel, Ruth Nordström.

- There has been and still is a major crisis within delivery care because of the huge shortage of midwives and Sweden should, just like our neighboring countries Norway and Denmark, protect the human rights of health care workers. There is a wide consensus among the European states to protect health care worker´s right to freedom of conscience, said Legal Counsel Rebecca Ahlstrand.

- Linda Steens and Ellinor Grimmarks right to freedom of thought, conscience and religion has been violated through the actions of Swedish authorities and through the systematical and ongoing prohibition for them and others likeminded to be employed as midwives within Swedish healthcare, said Jörgen Olson, Senior Legal Counsel.

Swedish Midwife Case to the European Court of Human Rights

Swedish Labour Court on April 12, 2017. Photo: Abraham Engelmark

Uppsala, Sweden:
On April 12 the Swedish Labour Court ruled against midwife Ellinor Grimmark who was unjustly denied employment by three different hospitals because of her conscientious objection to abortion and because she expressed her opinion publicly in the media.

– The Labour Court did not examine the right of freedom of conscience or freedom of speech according to international law or the European Convention on Human Rights. We have now decided to take the case further to the European Court of Human Rights, says attorney Ruth Nordström, Senior Legal Counsel of Scandinavian Human Rights Lawyers.

– The majority of the countries in Europe, protect the right to freedom of conscience in their Constitution, law or practice. In addition, health professionals right to conscience is recognized in international ethical codes. According to Council of Europe Resolution 1763, health care professionals shall not be coerced or discriminated upon because of refusal to perform or assist in abortions, says Legal Counsel Rebecca  Ahlstrand.

The background of the case is that Ellinor Grimmark has sued the County Council of Jönköping for violation of her freedom of thought, conscience and religion, as well as her freedom of opinion and expression under the European Convention on Human Rights.

In November 2013, Höglandssjukhuset women’s clinic withdrew a job offer as a midwife from Grimmark after she explained that she could not perform abortions because of her conscientious objection and her Christian faith. The head of the maternity ward said that Grimmark “was no longer welcome to work with them” and questioned “whether a person with such views actually can become a midwife.” A few months later, Grimmark tried to obtain employment with Ryhovs women’s clinic, which told her that a “person who refuses to perform abortions does not belong at a women’s clinic”.

In January 2014, Värnamo Hospital’s women’s clinic offered Grimmark a job within the delivery ward, but then withdrew employment because she had expressed her opinion in the media regarding abortion. The head of the hospital told Grimmark that no employee was allowed to “publicly take a stand against abortion”.

Invitation to press conference about the Swedish midwife case 12 April

Scandinavian Human Rights Lawyers cordially invite you to a press conference about the Swedish midwife case on conscientious objection for medical staff and its implications for Sweden and Europe.

The background of the case is that Ellinor Grimmark has sued the County Council of Jönköping for violation of her freedom of thought, conscience and religion, as well as her freedom of opinion and expression under the European Convention on Human Rights.

Ellinor Grimmark has been denied employment as a midwife at the hospital of Höglandssjukhuset and at Ryhov women's clinic and she has been terminated from an employment at the hospital of Värnamo. 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 withdrew the promised work because Ellinor Grimmark had expressed her opinion in the media regarding abortion.

Senior Legal Counsel Ruth Nordström, Attorneys Percy Bratt and Jörgen Olson, will together with their client, Ellinor Grimmark, present their reflections on the judgement from the Swedish Labour Court, that will be delivered on 12 April at 11 AM. The press conference will be held in both Swedish and English.

Please join us at:
Location: Turkiska salongen (The Turkish Salon), Citykonditoriet, Adolf Fredriks kyrkogata 10, Stockholm
Time: 12 April, at 2-4 AM

To register for the press conference please send an email to info@shrl.eu
To book a personal interview with midwife Ellinor Grimmark or her legal representatives, Senior Legal Counsel Ruth Nordström and attorneys Percy Bratt and Jörgen Olson: Please contact rebecca.ahlstrand@shrl.eu

Scandinavian Human Rights Lawyers AB
+46 (0) 18 – 750 52 11
Fax: +46 (0) 18 - 10 04 99
E-mail: info@shrl.eu
Web: www.manniskorattsjuristerna.se / www.shrl.eu