| 1. |
- Waltman, Max
(författare)
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Prohibiting Sex Purchasing and Ending Trafficking : The Swedish Prostitution Law
- 2011
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Ingår i: Michigan Journal of International Law. - 1052-2867. ; 33:1, s. 133-157
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Tidskriftsartikel (refereegranskat)abstract
- The Swedish prostitution law from 1999, now followed by Norway and Iceland, criminalized the purchaser and decriminalized the prostituted person. This is analyzed as a cogent state response under international trafficking law, particularly to the obligations set forth in the United Nation’s Trafficking Protocol from 2000. The Protocol states that a person is regarded a trafficking victim when, e.g., someone abuses her “position of vulnerability” in order to exploit her. International jurisprudence and social evidence strongly suggest that prostitution, as practiced in the world, usually satisfies this definition. Further, the Protocol urges states to reduce the demand for prostitution and to protect and assist victims, for instance by adopting laws deterring purchasers of sex, and by supporting those exploited in prostitution. Policy makers, such as the U.S. Department of State, are criticized for taking an inadequate position in face of the growing evidence from the Swedish law's impact.The article shows that Sweden has significantly reduced the occurrence of trafficking in Sweden compared to neighboring countries. It also scrutinizes some misinformation of the law's impact, showing for instance that claims alleging a more dangerous situation for those still in prostitution after 1999 were unfounded. In addition, the article addresses remaining obstacles to the law's effective implementation, arguing that in order to realize the law's full potential to support escape from trafficking, the civil rights of prostituted persons under current law should be strengthened to enable them to claim damages directly from the purchasers for the harm to which they have contributed, and for the violation of the prostituted persons' equality and dignity - a position now recognized by the government to some extent by clarifying amendments made in 2011.
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| 2. |
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| 3. |
- Munthe, Christian, 1962, et al.
(författare)
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The Best Interest of Children and the Basis of Family Policy: The Issue of Reproductive Caring Units
- 2012
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Ingår i: Cutas, D & Chan, S (eds.). Families: Beyond the Nuclear Ideal. - London and New York : Bloomsbury Academic. - 9781780930107
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Bokkapitel (refereegranskat)abstract
- The notion of the best interest of children figures prominently in family and reproductive policy discussions and there is a considerable body of empirical research attempting to connect the interests of children to how families and society interact. Most of this research regards the effects of societal responses to perceived problems in families, thus underlying policy on interventions such as adoption, foster care and temporary assumption of custodianship, but also support structures that help families cope with various challenges. However, reference to the best interest of children can also be applied to a more basic issue in family policy, namely that of what is to be considered a family in the first place. This issue does not raise any questions regarding the proper conditions for when society should intervene in or change the family context of a child. Rather, it is about what social configurations should be recognized as a potentially fitting context for children to enter into and (if all goes well) eventually develop into adulthood within /.../ such that society’s default institutional arrangements allow it to have (by sexual and artificial reproduction, adoption, and combinations of these), care for and/or guard children. [This] will frame any further discussion of /.../ policies having further implications for, for example, the practices of adoption and reproductive technology, as well as regulation of custody in the event of separation or parental disagreement.
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| 4. |
- Argüello Moncayo, Gabriela, 1983
(författare)
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International law on ship recycling and its interface with EU law
- 2016
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Ingår i: Marine Pollution Bulletin. - : Elsevier BV. - 0025-326X. ; 109:1, s. 301-309
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Tidskriftsartikel (refereegranskat)abstract
- The regulation on ship recycling at international and European Union (EU) level has transitioned from the realm of transboundary movement of wastes to a specialized regime, i.e., the Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ships (2009) (Hong Kong Convention). Although this convention is not in force yet, the principal features of it have been incorporated in EU Regulation 1257/2013 on ship recycling. This paper examines the rationale behind developing a ship recycling regime, its disassociation from wastes, and the departure from the main principles of transboundary movement of wastes, such as the proximity principle, reduction of transboundary movement of wastes, and the prior informed consent procedure. While acknowledging some of the positive features of the emerging ship recycling, it is submitted that the Hong Kong Convention and EU Regulation 1257/2013 on ship recycling represent a step back in the regulation of ship recycling.
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| 5. |
- Björling, Erik
(författare)
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Digital tvistlösning
- 2021
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Ingår i: Noll, G (red.). AI, digitalisering och rätten. - Lund : Studentlitteratur. - 9789144137858 ; , s. 45-63
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Bokkapitel (övrigt vetenskapligt/konstnärligt)
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| 6. |
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| 7. |
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EU Citizenship: Twenty Years On : Special Issue German Law Journal
- 2014
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Samlingsverk (redaktörskap) (refereegranskat)abstract
- The Maastricht Treaty (the “Treaty”) first introduced the status of EU citizenship. The twentieth anniversary of the signing of the Treaty, marked in 2013, was declared the European Year of the Citizen. Union citizenship has been understood as the world’s first post-national citizenship, although it is still complementary to national citizenships. EU citizens enjoy rights that have been expanded, modified, and reinterpreted in light of the EU integration process. The Court of Justice of the European Union (CJEU) has been a driving force in this process. This twentieth anniversary has provided the occasio for this special issue. Indeed, much has happened over the last two decades. The Maastricht Treaty entered into force on the heels of German reunification, and afterwards, a series of EU treaties followed: The Amsterdam Treaty, the Nice Charter of Fundamental Rights, the aborted constitutionalization process and the Rome Treaty in 2004, and the Treaty of Lisbon. The Euro took over former national currencies in 2002; the enlargement process led to today’s twenty-eight Member States. But the ratio of this special issue is based on other events as linked to the 2008 financial crisis, bailouts, the fiscal compact, and similar measures. In a nutshell, the timeliness of this volume is linked to the current financial disarray. Since prognosis presupposes diagnosis, no further words are necessary as to the importance of this task. It is (almost) self-evident that before taking action and preparing for the future, one needs to address the very first question: Nosce te ipsum...
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| 8. |
- Gustafsson, Håkan, 1961, et al.
(författare)
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LVU – på villovägar? Om stigbundenhet vid upphörande av tvångsvård
- 2021
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Ingår i: Nordisk socialrättslig tidskrift. - 2000-6500. ; :27-28
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Tidskriftsartikel (refereegranskat)abstract
- The present article series deals with one of the most difficult dilemmas pertaining to child protective custody: balancing long-term stability for children in care against family reunification as ultimate goal. In the first part of this article series, the balance was traced through the formal requirements applicable to, on the one hand, the initiation of child custody and on the other hand, its termination. The first article concluded that – at least with respect to foster home assignments – the longer children stay in protective care, the more difficult it becomes for families to reunite. Path dependency – a theoretical model from the social sciences – was suggested towards, if not explaining, then at least understanding some elements of the legal proceedings conducive towards lock-in effects. These conducive mechanisms are here, in the second article of this series, placed in three legal contexts: First, the procedural framework representing the base rules. It is argued that administrative courts’ ex officio mandate, the loose ambit of “therapeutic” proceedings in combination with the allocation of the burden of proof slant the playing field against individual litigants (albeit in order to “help” them). The playing field itself – referred to as a second institutional context, is then approached from the vantage point of legal theory, taking account of Swedish and international empirical data on different litigants’ litigation odds. In a third, normative context, prevailing notions of familial normality and deviation are explored in order to trace additional factors making it difficult to break the cycle of protective measures.
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| 10. |
- Heidbrink, Jakob, 1971
(författare)
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Gymnasieamnestin: Juridiken spänner musklerna
- 2018
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Ingår i: Kvartal. - 2002-6269.
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Tidskriftsartikel (övrigt vetenskapligt/konstnärligt)abstract
- Förvaltningsrätten i Malmö underkände i fredags den så kallade gymnasieamnestin, som ger 9 000 personer utan asylskäl rätt att stanna i landet. Lagrådet har tidigare slagit fast att samma lag utarbetats på ett undermåligt sätt. Det innebär att den svenska juridiken på ett förmodligen aldrig tidigare skådat sätt har tagit strid med politiken om en lag. Det är en sensation, med potentiellt stora konstitutionella implikationer.
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