| 21. |
- Kankaanpää Thell, Emelie, 1986-
(författare)
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Från föräldrars ansvar till ansvarsfrihet för föräldrar : En rättsvetenskaplig studie av föräldrars begränsande och tillrättavisande handlingar mot barn
- 2023
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- This thesis analyses and discusses the responsibility of parents in matters relating to restrictive and corrective actions against their children. The thesis argues that the child’s right to a good upbringing under the Swedish Parental Code (1949:381) should be understood as a rights-based process towards legal adulthood. This right is also a fundamental part of the parents’ responsibility for supervision and care of the child and therefore essential to understand the legal norms and limits on restrictive and corrective actions.Milder restrictive and corrective actions towards children are mainly handled within the criminal law system and there within an unwritten exception for criminal liability for such actions. This thesis highlights that the legal test for whether or not restrictive and corrective actions committed by a parent against a child fulfil the objective element of a crime should be based on norms from the family law system, namely the parents’ responsibility for supervision and care and the child’s right to a good upbringing as a rights-based process.
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| 22. |
- Sandin, Bengt, et al.
(författare)
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Var går gränsen för statens ansvar? : Upprättelseprocessen för dem som vanvårdats i samhällsvård ur ett historiskt perspektiv på normalitet, aga och barns rättigheter : [What is the limit of state responsibility? A historical perspective on how the state interpreted its responsibility to safeguard children from abuse]
- 2022
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Ingår i: Statsvetenskaplig Tidskrift. - 0039-0747. ; 124:2, s. 349-377
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Tidskriftsartikel (refereegranskat)abstract
- In this article, we study the legislative processes that formed the basis for how the state’s role and responsibility to protect and represent children was formulated during the 20th century based on legislative initiatives against corporal punishment. This is the backdrop for an analysis of the scheme to compensate adults that have claimed that they as children had been abused in the care of the state. As a basis for our analyzes, we have used laws and statutes, ordinances, and preparatory works in family and criminal law as well as school and social law. In the process that led up to the compensation scheme a choice was made; child abuse in the past would not be defined according to the norms set by past legislation and government ordinances to protect children from abuse, but in relation to what was believed to be common child-rearing practices. The focus shifted to current understandings of what was normal in the past as well as to how similar abuse would be treated in legal practice in current tort cases disregarding the explicit stands taken by past governments to protect children in care. The opportunity for reconciliation decreased with this development.
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| 23. |
- Sayed, Mosa, 1975-
(författare)
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Islam och arvsrätt i det mångkulturella Sverige : En internationellt och jämförande studie
- 2009
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- Islam och arvsrätt i det mångkulturella Sverige. En internationellt privaträttslig och jämförande studie. Islam and Inheritance Law in Multicultural Sweden. A Study in Private International and Comparative law. Iustus Förlag AB, 421 pp. Uppsala 2009. ISSN 0282-2040, ISBN 978-91-7678-741-0.Immigration has meant that to a large extent Sweden’s population at present is heterogeneous as regards culture and religion. In this doctoral thesis the choice of law rules of Swedish private international law relating to inheritance are elucidated in the context of an intestate succession characterised by Islam, to be precise the Egyptian law of inheritance. The Egyptian rules are used as an example of a typical Islamic inheritance system. According to the Act (1937:81) on International Legal Relations Concerning Estate, the choice of law rule relating to inheritance is based on the principle of nationality. This principle means that suitable rules follow the law of the country where the deceased was a citizen at the time of death. Many people in Sweden are citizens of countries with an Islamic inheritance legal order. The Swedish international inheritance rules imply that in these cases the estate will be devolved in accordance with the rules in the country of citizenship, i.e. the Islamic regime. In this study the Swedish conflict rules are analysed in context of a multicultural Sweden. What is the function of succession rules based on religion in a non-Muslim society, where a significant proportion of the population identifies themselves with the Islamic law due to their religious views and affiliation? In what way can a multicultural perspective contribute to the interpretation and application of the international inheritance law regulations in Sweden? Mosa Sayed, Juridiska institutionen, Uppsala universitet, Box 512, S-751 20, Uppsala, Sweden.
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| 28. |
- Schiratzki, Johanna
(författare)
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Banning God’s law in the name of the Holy body : The Nordic position on ritual male circumcision
- 2011
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Ingår i: The Family in Law. - Hod HaSharon : Sha'arei Mishpat College. ; 5, s. 35-53
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Tidskriftsartikel (refereegranskat)abstract
- The article investigates the legal initiatives regarding ritual male circumcision in the Nordic states. National laws are discussed in relation to human rights according to the United Nations Convention on the Rights of the Child and in the European Convention on the Fundamental Rights and Freedom, i.e. right to freedom of religion, the rights and best interests of the child, gender equality, and protection of national minorities in Europe. It is suggested that the principle of the best interests of the child is interpreted in the light of what is looked upon as a "normal" childhood. Normality in the Nordic states vis-à-vis religion and childhood is construed in the light of a long tradition of religious Protestant homogeneity that is presently being challenged due to immigration, in the wake of which a number of legal principles, religious rites, and religiously inspired traditions, including ritual male circumcision, are being re-negotiated at different levels in the civil society and by different actors, all claiming agency for the child.
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