Special representatives for children and the child’s right to be heard – Considering the ban on female genital mutilation

This study examines the role of special representatives for children in Sweden. The research explores how the Act (1999:997) on Special Representatives for Children is applied, particularly in balancing investigative imperatives with children’s rights under Article 12 of the Convention on the Rights of the Child. We have focused on cases involving suspected violations of the country’s ban on female genital mutilation (FGM), but the result is relevant on a more general level. Drawing on interviews with legal professionals and an extensive archive of police investigations, the study highlights the complexities faced by special representatives in safeguarding children’s rights while facilitating criminal inquiries. Findings reveal that although representatives play a crucial role in ensuring children’s participation in legal proceedings, structural limitations often hinder their ability to fully uphold children’s autonomy and best interests. The findings underscore the necessity of enhanced training and clearer guidelines for special representatives to navigate these challenges effectively.