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EU:s nya migrations- och asylpakt syftar till att skapa ett mer effektivt och hållbart system för migration, med tydligare ansvarsfördelning mellan medlemsstater och gemensamma regler för asylprocesser och gränskontroller. Samtidigt väcker reformen viktiga frågor om hur barns rättigheter ska säkerställas i praktiken.

Shortly, the Council of Europe is expected to adopt a declaration concerning the European Court of Human Rights’ handling of migration issues. This analysis examines its background and the contentious negotiations on the draft declaration, concluding that the outcome could undermine the Court’s independence as well as the wider Convention system.

Medical evidence is introduced when health conditions are invoked as legally relevant circumstances in asylum cases. Although research shows that medical evidence can affect asylum outcomes, we lack systematic knowledge of how it is assigned legal relevance, especially for mental health conditions.

The study draws on 175,394 asylum decisions issued by the Swedish Migration Agency in 2016, 2018, and 2020, selecting cases (N = 1021) referring to medical certificates concerning post-traumatic stress disorder (PTSD). Using a coding scheme, three researchers coded decision texts. The codes were used in logistic regression analyses and χ2 tests to examine whether and how the PTSD diagnosis and medical certificates (including formalities) affected credibility assessments and the likelihood of being granted a residence permit (28.5% positive).

Our results indicate that medical evidence had no uniform legal effect unless assigned a function within the decision-making process. When the PTSD diagnosis was used in credibility assessments (18%), it influenced outcomes (χ2 = 134.48; p < 0.001), with OR = 30 for a positive decision when explaining credibility problems and OR = 0.36 when failing to do so. In contrast, the PTSD diagnosis was referred to in 85.9% of cases when assessing eligibility for a residence permit, with significantly lower odds (OR = 0.02) upon explicit mention. The formalities of the certificate showed no effect.

These findings demonstrate context-dependent functions of the PTSD diagnosis in asylum decision-making, with divergent effects in credibility assessments and residence permit determinations, showing that clinical relevance does not necessarily translate into legal relevance.

Medical certificates for the Swedish Migration Agency are vital documents to prove injuries or illnesses claimed in the asylum process. Our purpose is to provide guidance on the legal bases for the use of medical evidence in the asylum process. To illustrate, we give examples from our study of 74 decisions with medical certificates. Cases were identified from a random sample of 500 files from 590 000 asylum decisions made by the Swedish Migration Agency 2006-2022. Medical certificates were not unanimously taken into account in decisions. For high evidentiary value, the certificates should demonstrate the physician’s competence, be based on verifiable sources and include a detailed prognosis and the effects of not receiving adequate treatment. Importantly, certificates can also be used to undermine the patient’s trustworthiness if the certificate fails to prove or contradicts claims made by the applicant.

Läkarintyg bidrar till bedömningen av skyddsbehov och humanitära skäl för uppehållstillstånd.

För att ha högt bevisvärde ska intyget tydliggöra läkarens kompetens, baseras på verifierbara källor, ge en prognos samt beskriva effekterna av utebliven behandling.

Läkare bör använda Migrationsverkets mall och säkerställa att intyget uppfyller alla formella krav för att stärka patientens ärende.

This special issue deals with temporalities in migration law with particular emphasis on the European context. At the crossroads of several legal fields, including public law, human rights law, EU law and public international law, the topic is cutting-edge in migration law. The articles collected were originally presented at a conference organized at Vrije Universiteit in Amsterdam in June 2023 and another organized at Uppsala University in September 2024, both dealing with time and temporalities in migration law from a variety of perspectives. The aim of these conferences was to further develop the study of the roles of time in European migration law by unpacking the diversity of ways in which time works as an instrument of migration control in Europe. While temporal governance is far from limited to the European context – the US ‘remain in Mexico’ policy7 and the Australian temporary protection visa8 being only two examples – Europe is an interesting site of analysis. It is a forerunner in creating ‘innovative’ migration control policies9; it combines opposites, such as unhindered international movement within Europe for some, e.g., European citizens, alongside fierce immobility and stuckedness for others; it is characterized by a multilevel interplay marking the complexities of interaction between a multitude of different legal regimes and jurisdictions – domestic, EU and international (including the ECHR) – with strong human rights institutions and frameworks. This combination makes Europe a privileged site of inquiry. Drawing on this ‘forerunner quality’ and characterizing elements, this Introduction poses the question whether it is possible to distinguish a form of time one could call ‘European time’ to describe a specifically European approach to implementing temporal governance techniques in the field of migration.

This special issue deals with temporalities in migration law with particular emphasis on the European context. The articles collected were originally presented at a conference organized at Vrije Universiteit in Amsterdam in June 2023 and another organized at Uppsala University in September 2024, both dealing with time and temporalities in migration law from a variety of perspectives. The aim of these conferences was to further develop the study of the roles of time in European migration law by unpacking the diversity of ways in which time works as an instrument of migration control in Europe.

One of the core principles of the UN Convention on the Rights of the Child is non-discrimination. However, little attention has been given to how this principle can protect children from discrimination because of age and childhood.This anthology brings together experts from children’s rights studies to explore both overall issues related to discrimination against children, as well as non-legitimate differential treatment in specific contexts – including climate crisis, child labour, migration, healthcare, and child protection. Attention is drawn to the potential to advance children’s rights in the framework of nondiscrimination in relation to children as a group.