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- Schiratzki, Johanna, 1963-
(författare)
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Vi måste få rätt att dö i fred
- 2024
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Ingår i: Svenska Dagbladet. - 1101-2412.
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Tidskriftsartikel (populärvet., debatt m.m.)
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| 2. |
- Sköld, Johanna, 1976-, et al.
(författare)
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Redressing or Excusing the Past? : The Evaluation of Sexual Child Abuse in the Swedish Redress Scheme for Historical Abuse in Out-of-Home Care
- 2024. - 1
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Ingår i: Lived Institutions as History of Experience. - Cham : Palgrave Macmillan. - 9783031389559 - 9783031389566 ; , s. 317-342
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Bokkapitel (refereegranskat)abstract
- This chapter explores what could happen when experiences of lived institutional care is confronted by the present welfare state’s attempt to rightening the past. The chapter demonstrates how the Swedish state’s redress scheme, in operation 2013-2016, aimed at victims of historical child abuse in out-of-home care shifted away from an explicit aim to acknowledge the victims’ unjustifiable suffering, to the limited ways in which the state could be considered responsible. It scrutinises which details were pivotal for why victims of child sexual abuse did not receive the financial redress as adjudicated by a temporary Redress Board. Three possible explanations are identified: a) the Government Bill guiding the Redress Board did not state that all kinds of sexual abuse would count as severe abuse eligible for compensation; b) contemporary tort law came to influence the assessment of the historical redress claims and set the standards for who received financial redress and who did not; c) it proved difficult to combine acknowledging the suffering of victims with assessing the responsibility of the state. If caregivers were unaware of the abuse, or if they took steps to prevent further abuse, the state could not be held responsible. The outcome did not concur with the scheme’s explicit aim to acknowledge unjustified suffering amongst victims of historical child abuse in out-of-home care. Consequently, the chapter explores how a ‘non-apology’ can feature in financial redress for past harms, and how the transformative aspect of a transitional justice framework can vanish during its practical operation.
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| 3. |
- 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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| 4. |
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| 5. |
- Schiratzki, Johanna, 1963-
(författare)
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Children’s Right to Have Rights – on the Importance of Statutory Rights for Swedish Children Living outside the Country
- 2023
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Ingår i: The Rights of the Child. - Leiden/Boston : Brill Nijhoff. - 9789004511156 - 9789004511163 ; , s. 15-31
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Bokkapitel (refereegranskat)abstract
- The rights of the child are a multi-dimensional phenomenon that could be conceptualized from many angels, as witnesses this anthology. The multi-dimensional perspective remains within a singular field of knowledge, such as legal science. The complexity of children’s rights may, at least in part, explain the yearning for more statutory rights to meet the expectations of rights as tools for a better society. An example is the momentum behind the 2020 incorporation of the CRC into Swedish statutory law. The incorporation adds to the numerous statutes regarding children in Swedish law, covering most childhood; from reproduction through healthcare, parental break-up, education, delinquency and coming of age. An important challenge, however, is the understanding of the right to equal treatment for children whom are considered to have a “weak” legal connection to the Sweden. This might be children seeking asylum, undocumented children, EU-migrants but also children with dual-citizenship. Recent development indicates that Swedish child citizens in the detention camps in the North-eastern Syria are to be added to this category. This development has prompted a disagreement between the United Nations’ High Commissioner of Human Rights and the Swedish Government on the importance of human rights, statutory rights and jurisdiction. Taking stock of the statutory rights of children according to Swedish law, the legal measures available for the repatriation of the reported 30 Swedish children from the detention camps in the north-eastern Syria are outlined as a test-case of the importance of statutory rights for children.
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| 9. |
- Sandin, Bengt, 1949-, 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
- 2022
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Ingår i: Statsvetenskaplig Tidskrift. - Lund : Fahlbeckska Stiftelsen. - 0039-0747. ; :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 dur-ing 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 ana-lyzes, 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 com-pensation 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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| 10. |
- 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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