In its review of the Swedish government's January proposal to toughen youth criminal justice—including lowering the age of criminal responsibility to 13 and extending child detention—the Council on Legislation strongly criticizes the detention extension from three to five months as incompatible with the UN Convention on the Rights of the Child. It also flags procedural flaws in the bill's preparation.
The Council's opinion, released in February 2026, targets key elements of the government's bill aimed at enhancing investigations of serious crimes by under-18s. The proposal, first announced on January 26 alongside lowering the criminal responsibility age from 15 to 13 for offenses like murder and explosions, also seeks more coercive measures and longer pre-trial detention.
The expert jurists state: 'Such an extension cannot be considered compatible with the UN Convention on the Rights of the Child's requirement that children be deprived of liberty only for the shortest appropriate period.' They argue it won't improve investigations of complex crimes and recommend rejecting the provision.
Additionally, the Council notes the age-lowering aspect—intended to apply to 13- and 14-year-olds—was inadequately addressed in consultations, breaching preparation rules under Sweden's Instrument of Government. This further justifies opposition to implementation.
Sweden, having ratified the UN Convention, prioritizes children's rights and minimal deprivation of liberty. The bill now faces these hurdles before potential parliamentary debate.
