| 1. |
- Enqvist, Lena, Juris doktor, 1984-, et al.
(författare)
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Employee Health Data in European Law : Privacy is (not) an Option?
- 2022
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Ingår i: Nordic Journal of European Law. - : Nordic Journal of European Law, Lund University. - 2003-1785. ; 5:1, s. 40-66
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Tidskriftsartikel (refereegranskat)abstract
- While there are many feasible reasons for employers to process employee health data, the protection of such data is a fundamental issue for ensuring employee rights to privacy in the workplace. The sharing of health data within workplaces can lead to various consequences, such as losing a sense of privacy, stigmatisation, job insecurity and social dumping. At the European level, the Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) and EU General Data Protection Regulation (GDPR)–two interconnected instruments–offer the most enforceable protection of employee health data. The article analyses the limits of employees’ right to privacy regarding health data, as delineated by the ECHR and GDPR. Using three fictive examples, we illustrate how the level of protection differs in these two instruments. In particular, we show that the protection of health data offered by the GDPR is seen as an objective act of processing at the time it is carried out, where the actual impact caused by the processing on private life is not considered. On the contrary, the ECHR’s applicability and offered level of protection in the employment context depend on subjective factors, such as the consequences of sharing the data.
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| 2. |
- Lundin, Olle, 1966-, et al.
(författare)
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Kommunala befogenheter
- 2016. - 8
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Bok (övrigt vetenskapligt/konstnärligt)
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| 3. |
- Perry, Elizabeth Stuart, 1975-
(författare)
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Child Support Law in California and Sweden : a Comparison Across Welfare State Models
- 2019
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- Ensuring just distribution of and adequate funding for children whose parents do not live together is a global legal challenge. It affects many families as well as every legal jurisdiction’s welfare state and family law.This comparative study describes child support legal solutions in two jurisdictions, California (a liberal welfare state) and Sweden (a social democratic one). Analyzed are the similarities and differences in these states’ legal responses to the inequalities child support law functions to alleviate, and the implications for child support theory and practice in these and other jurisdictions.Micro-comparative chapters demonstrate how the jurisdictions’ regulations differ by analyzing children’s rights and needs and parents’ duties and abilities to pay, each as defined in the child support law. Also compared are procedural laws enforcing child support rights and duties in private and public law cases.Macro-comparative chapters draw a comparative portrait of two welfare state ideological and family law child support approaches, both aiming to reduce inequalities, in terms of how their child support laws and welfare states have defined and addressed the best interests of children and society at large.Most of the differences in the laws and their interpretations are found to reflect the welfare state ideals of the two societies including their ideal models of the family and of individuals’ relationships to the state. Ideals for judicial and negotiated family law conflict resolution also play a significant role.Analyses of the differences include comparison of the jurisdictions’ (1) histories, (2) legal principles and traditions, (3) gender equality ideals and realities and (4) income equality ideals and realities, all as related to legal child support rights and duties.The study provides a better understanding of some of the weaknesses within these regulations, and also of the child support system design choices they represent. Weaknesses in child support laws arise not just from confusions over how to prioritize conflicting interests directly regulated by the legal rules, but also how to prioritize those interests given conflicting ideals of the state and the family, both between and within these societies. Despite the different ideals influencing both systems’ solutions, elements of each jurisdiction’s experience have potential to inform the other’s further development.
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| 4. |
- Schiratzki, Johanna, et al.
(författare)
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Välfärdsrättens tillkomst
- 2012
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Ingår i: Vänbok till Ingrid Arnesdotter. - Stockholm : Jure. - 9789172234857 ; , s. 187-191
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Bokkapitel (övrigt vetenskapligt/konstnärligt)
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| 5. |
- Henrikson, Ann-Sofie, 1969-, et al.
(författare)
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Överskuldsättning och skuldrådgivning i socialtjänsten
- 2019. - 1
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Bok (övrigt vetenskapligt/konstnärligt)abstract
- Den som är allvarligt skuldsatt kan behöva hjälp med många saker, och tidiga stödinsatser är viktiga. Överskuldsättning är inte ett problem bara för den enskilde, utan påverkar ofta den överskuldsattes familj och närstående negativt. Det är även ett samhällsproblem. Juridiken är ett av de verktyg som behövs för att kunna ge bra stöd till en överskuldsatt person. Den här boken vänder sig till både studenter och redan yrkesverksamma som möter allvarligt skuldsatta personer.I boken ges först en kort introduktion till fordringsrätten, bland annat hur skulder kan uppkomma och när de ska betalas. Därefter behandlas bland annat konsumentkrediter och snabblån, reglerna om betalningspåminnelser och inkasso och hur Kronofogden hanterar ett krav. Möjligheten att behålla bostaden är ofta mycket viktig och därför behandlas reglerna om vräkning ingående. I boken beskrivs också både när skuldsanering kan ske och vad det innebär att få en skuldsanering beviljad.
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| 6. |
- Perry, Elizabeth, Dr. 1975-
(författare)
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Harmonising family law across borders in europe
- 2022. - 1
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Ingår i: International survey of family law. - Cambridge : Intersentia. - 9781839702648 ; , s. 379-415
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Bokkapitel (refereegranskat)abstract
- This chapter provides family law experts worldwide with a glimpse into and an update on the latest changes in European family law, specifically to conflict of law rules for resolving European Union (EU) cross-border family law cases and most notably those regarding responsibility for children, marital dissolution and distribution of assets after death. Examined are EU-level legal developments affecting cross-border family relationships within the 27 nations of the European Union that have been introduced primarily through significant new EU legislation and by recent case decisions by the Court of Justice of the European Union (CJEU). The changes' impacts at the national-law level on substantive and procedural family law and on national and personal (party) autonomy are illustrated using reports on the experiences across the EU. The experience of my own Member State, Sweden, is described as an example of how EU-level, increasingly harmonised family law ('international private law' primarily) is being negotiated and implemented both between and within EU Member States. This research aims to overview ongoing (and indeed ever-present) tensions between autonomy and uniformity interests within the EU, contributing to the significant existing literature on the present state of and future possibilities for 'European family law' while also introducing non-EU scholars to this growing, rather complex legal area. As the chapter's final sections describe, a steadily-increasing Europeanisation of family law is observed, co-existing with the tensions, which is reducing legal difficulties for individuals and state actors in Sweden and throughout the EU within a broader context of ongoing legal, economic and cultural globalisation. Family law, no longer taking a back seat to other EU legal areas, is today playing a remarkably prominent role.
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| 7. |
- Petersson Hjelm, Ann-Christine
(författare)
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Fängelset som välfärdsbygge : Tre studier om behandlingstanken i svensk fångvård
- 2002
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- This thesis discusses "social engineering", in the fields of prison treatment, during the development of the Swedish Welfare State, from 1930 to 1950. The penal political ambitions were laid down under a Social Democratic government and realized in the party’s program of 1944. It is often stressed that the prison reform of 1945 marks the transition to a modern prison system. In a broader perspective of society the idea was to integrate prisoners into the Swedish welfare system. The main facet of the Act 1945 of Correctional Treatment in Prison is in the individual treatment of prisoners, based on their work in open institutions. After World War II, the number of persons incarcerated increased and this became the main symbol of the political and administrative failure of the reform.The prison reform of 1945 marked an ideological change in the individual preventive treatment model of prisoners in Sweden. However, the establishment of a modern welfare prison was hard to accomplish and a crucial divergence emerged between what the legislation intended and what actually occurred in the prison system. This research shows the absence of an individual preventive strategy for the offenders and in that sense implementation of treatment was not successful. In this study the political and legal matters primarily originate from the archives of the Committee of Penal Law (sw. Strafflagberedningen), complemented by an empirical study, including 328 prison files from the National prison register, during the years 1938, 1943 and 1947.This thesis shows some of the more relevant changes in prison care in relation to the prisons as a reflection of society as a whole. In some portions the study discounts the innovations of the prison reform, especially based on the fact that the Act of Correctional Treatment in Prison was a conglomerate of enacted laws and regulations. At the same time the study shows a belief in the dubious philosophy that racial biological explanations and a deterministic approach to prisoners created. In reality, the prison registers were used on prisoners as a label, which led to a diagnosis put in front of treatment.
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| 8. |
- Yttergren, Åsa, et al.
(författare)
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The Swedish Legal Approach to Prostitution : Trends and Tendencies in the Prostitution Debate
- 2016
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Ingår i: NORA. - : Routledge. - 0803-8740 .- 1502-394X. ; 24:1, s. 45-55
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Tidskriftsartikel (refereegranskat)abstract
- This article focuses on academic responses to the Swedish law prohibiting the purchase of sexual services, enacted in 1999. It highlights the close link between popular – populist – ideas circulating in media, and academic work discussing problems with the given legislation. Two myths can be traced, exchanged between and enforced by on the one hand voices in the Sex Workers Rights movement and voices from within academia. The first myth relates to the legal construction of the legislation – which is obscured in order to make women in prostitution seem like victims in the eyes of the lawmaker, and hence portray the legislation as a "radical feminist-victim-oriented" piece of work. The second myth relates to the historical events leading up to the law, what alliances and arguments that were used. The made up history again puts the legislation firmly in radical feminist politics, all though the alliances and arguments came from many strands of thoughts and crucial decisions came about due to ad hoc events as well as the lack of an articulated resistance. The article concludes that the research field is under influence from strong political interests, so far successful in producing non valid arguments against the law. This in turn makes it difficult to gain knowledge about the outcomes and effects of "the Swedish model" on prostitution.
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| 9. |
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| 10. |
- Futter, Martyn, et al.
(författare)
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Forests, Forestry and the Water Framework Directive in Sweden : A Trans-Disciplinary Commentary
- 2011
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Ingår i: Forests. - : MDPI AG. - 1999-4907 .- 1999-4907. ; 2:1, s. 261-282
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Tidskriftsartikel (refereegranskat)abstract
- The Water Framework Directive (WFD) is an ambitious piece of legislation designed to protect and improve water quality throughout Europe. However, forests are only mentioned once in the WFD, and forestry is not mentioned at all, despite its potential implications for streams, rivers and lakes. Here we present a transdisciplinary commentary on the WFD and its implications for forests and forestry in Sweden. This commentary has been prepared by forestry stakeholders, biophysical and social scientists. While we were cognizant of a large body of discipline-specific research, there are very few inter-or trans-disciplinary commentaries which link academic and stakeholder perspectives on the WFD. We had originally felt that there would be little commonality in our concerns. However, we found significant areas of agreement. Our key areas of concern about the implications of the WFD for forestry in Sweden included: (i) concerns about what is meant by good ecological status and how it is assessed; (ii) a perceived lack of clarity in the legal framework; (iii) an inadequate environmental impact assessment process; and (iv) uncertainties about appropriate programs of measures for improving water quality. We were also concerned that ecosystem services provided by forests and the positive effects of forestry on water quality are inadequately recognized in the WFD.
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