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- Fridström Montoya, Therése, 1973-
(författare)
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Leva som andra genom ställföreträdare : en rättslig och faktisk paradox
- 2015
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- In the past, people with intellectual disabilities have been treated as objects, rather than subjects, of law. Today, Swedish law purports to recognize that such persons have the same rights and freedoms as anyone else. To achieve this goal, Sweden’s social welfare law provides persons with intellectual disabilities a right to the support and service they need to “be able to live like others do”. For persons who lack the capability to apply for these measures because they lack the capabilities or do not meet the prerequisites to be a legal actor, a legal representative is needed.This dissertation examines the problem reflected in the constructed expression “ability to live like others do through legal representation”, first through traditional legal analysis of its implementation in Swedish law, followed by a critical theoretical analysis of that law. The dissertation shows how Swedish law does not resolve the conflict between legal capacity and actual capabilities for people with intellectual disabilities, as it ratifies dependence on others for access to social welfare rights for people with intellectual disabilities in order for them to be taken seriously as legal actors and subjects before the law. The dissertation proposes a rethinking of the law from a Crip Theory perspective, which questions the able-mindedness norm of the legal subject. The dissertation argues that Swedish law exemplifies this norm as a reflection of power that produces and reproduces a certain kind of legal subject through normalization mechanisms. This dissertation shows that barriers still remain to the realization of full legal capacity for persons with intellectual disabilities, and to the possibilities for such persons to be recognized as self-determinate subjects in law.
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| 2. |
- Ljungwald, Carina, 1975-
(författare)
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The Emergence of the Crime Victim in the Swedish Social Services Act
- 2011
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- This study sought to explain how crime victims emerged as a target group in the Swedish Social Services Act in 2001. The findings, derived from legislative documents, a literature review, and focus group interviews with social workers, showed that the 2001 provisions both duplicated and undermined pre-existing provisions of the Social Services Act. The explicit aim of the reform was to improve services to crime victims. The provisions did not, however, change the legal responsibility of the social services, nor did they strengthen the social rights of crime victims. The social services already assumed responsibility for crime victims according to other provisions of the act. To some degree, the reform can be explained symbolically. Support for crime victims was a complicated issue for the social democratic government. The economic crisis of the early 1990s ruled out reforms that might bring high increased costs. Yet expanding crime victims’ rights at the expense of the offender (e.g. toughening penal law and promoting victim impact statements) was not in line with social democratic ideology. By enacting the 2001 provisions, the government showed its commitment to providing support to crime victims. At the same time, the provisions did not increase costs or strengthen crime victims’ rights. In this way, the provisions solved a political dilemma for the government. Incorporating the 2001 provisions in the Social Services Act may seem to have been a modest reform. Symbolic politics, however, are not empty; rather, they reflect attitudes and beliefs. This study proposed that the reform revealed the state’s increasing concern with violence against women and individual responsibility. Furthermore, the provisions may have constituted a normative reorientation of the Social Services Act, in which individual responsibility increasingly replaced solidarity, the holistic view, and a right to assistance according to need.
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| 3. |
- Nilsson, Eva, 1963-
(författare)
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Barn i rättens gränsland. : Om barnperspektiv vid prövning om uppehållstillstånd.
- 2007
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- The aim of this study is to highlight problems regarding the status of children in determining the granting of residence permits. Central to the study are the rules contained in the Swedish Aliens Act (2005:716) about hearing children in the course of proceedings and the child’s best interests. The rules are based on Articles 3 and 12 respectively, in the United Nations Convention on the Rights of the Child (CRC). They were introduced into the Swedish legislation in 1997, after an intense debate questioning whether Sweden was meeting its obligations under the Convention. The application in aliens matters has, however, continued to be criticized after the revision of 1997, especially in matters concerning children. In 2006 a new Aliens Act came into force, involving a shift in the handling of such matters from administrative authorities and the Government to a system where appeals are tried in administrative courts. The legislation also involves comprehensive changes concerning the material legislation. The question has been raised, however, as to whether these changes have had any vital impact concerning the general construction of the material regulation. The apparent gap between the legislator’s intentions and the application of the law raises questions about the limitations of law and how the spirit and intentions of the CRC have been implemented in the Aliens Act, and, in view of this, the limits of law. The study involves an analysis of the fundamental premises that the legislation and application rest on, the general provisions of the proceedings and the technical formulation and also the material content of these rules. There is also an analysis of the impact and function of the legislation in practical applications. The conclusion is that the legislation allows extensive scope for assessing the circumstances in each case. This is the case, particularly in matters concerning children. Nevertheless, in practical applications, children often become irrelevant; children are simply not the real focus of the laws that affect them. Key words: Children’s rights, residence permit, asylum, immigration, equality, feminist perspectives. Eva Nilsson, Juridiska institutionen, Umeå universitet, 901 87 Umeå.
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| 4. |
- Tärnfalk, Michael
(författare)
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Barn och brott : - En studie om socialtjänstens yttranden i straffprocessen för unga lagöverträdare
- 2007
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- The aim of this thesis is to scrutinise the statements from the social authorities to the criminal courts in the juvenile justice process, and to analyse in what extent these statements influenced the criminal courts in their penalty sentencing for boys aged 15-17 years, suspected and convicted for assault and battery and grand assault and battery, in Stockholm County the years of 1998 and 2000.In 1998 a child’s perspective and the concept of the best interest of the child was introduced in the Social services act. A legal reform in 1999 in the criminal code introduced the concept of just desert for juvenile offenders, to make the juvenile justice system more predictable and fair and to make the statements more clarifying to the courts. Laws, preparatory documents and legal doctrine are studied. Theoretically, discourse analysis and neoinstitutional organisational theories are points of departure. The empirical material consists of criminal statistics, 103 statement from the welfare agencies and 103 criminal court records. The social authorities statements are scrutinised to discern specific patterns of intervention and then analysed together with criminal court records. The result indicates that the juvenile justice system seems to be unpredictable and unfair due to several factors linked to each other. There is a striking uncertainty in the statements because of great variations. The concept of the best interest of the child is hardly expressed as an interest in the statements. Social interventions are proposed both on the behalf of the child’s needs and to punish the child in a criminal justice mode. The statements seem to influence the courts sentencing in a great extent but there are difficulties to discern the grounds for differences in criminal sentencing. The juvenile justice system and the social services laws seem to be incompatible by contradictions in terms.
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| 5. |
- Kjellbom, Pia, 1956-
(författare)
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Påtvingad avflyttning från bostad : En rättssociologisk studie av socialtjänstens roll i teori och praktik
- 2014
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- The aim of the study was to analyse what the law is in social services work with people at risk of a forced move-out from a rented apartment. When processing an application for financial aid when a client is at risk of a forced move-out from a home, a discretionary interpretation of the criteria in the Social Services Act is assumed. The legal norm belt constituting the social services role in theory typically makes up the limits of the discretionary space. However, different workplace norms may also have significant influence on the discretionary space around the provision of assistance. Such standards emerging from expressions in local policies (municipal guidelines) and procedures, and interactions with managers, colleagues and clients, are shaping the role of social services in practice. On top of this, differing standards regarding the role of law may have an impact.Key conclusions of the study are: (1) In the vast majority of landlord applications to the enforcement authorities, financial assistance from the social services had no bearing on the outcome of the case. (2) The rental law sometimes has a decisive influence over what is and can be the law in social services’ work for clients at risk of a forced move-out due to payment difficulties. ((3) There is a relatively high degree of consistency between norms in legal materials and different workplace standards. (4) Most of the standards identified in legal material and in social work practice have been categorized as related to either need or behaviour. Generally, it is concluded that need-related norms sometimes strongly imply protection not only for an existing home, but also for individual housing needs in general. In contrast, behaviour-related norms imply indifference in relation to not only an existing home but sometimes also to the applicant’s housing needs in general. These conditions create tensions in the social services’ decision-making and confusion about the aim of the individual needs assessment.
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| 6. |
- Mannelqvist, Ruth, 1966-
(författare)
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Samband i socialförsäkringen : en rättsvetenskaplig studie av sambandet mellan förmåner och avgifter i socialförsäkringen
- 2003
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- In Sweden, the concept of a connection between benefits and contributions in social insurance is strong. The opinion is based on an understanding that social security law in constructed upon the same principles as private insurance. This concept of links between benefits and contributions makes it important to review the legal systems of social security.The purpose of this study is to analyse the legal principles behind social insurance law. The legal definition of social insurance in Sweden does not include legal principles but rests instead on an enumeration of the public authorities that administer various benefits. The definition is pragmatic and adapted to European Community law. Legal principles can be revealed by studying the variety of different values underlying the legal system of social security. The principles behind social security law are based on just distribution and effectiveness and social security legislation is often constructed as a social right. Social insurance exhibits a number of characteristic legal features or principles which differ from private insurances. Social insurance is a public and compulsory scheme, based on redistribution. Different benefits within the insurance system are designed to cover income loss and, in general, there is no individual means testing. This can also be described as the principle of compensation for lost income. Furthermore there are benefits that are not related to risks and the legislation is based on formal legal sex neutrality. The social security scheme is primarily financed by taxes and mandatory contributions. Social insurance contributions exhibit the same or similar criteria as fiscal policies and tax law. Thus the link between contributions and benefits in the social security system is very weak.The insurance system can be restructured on the basis of social insurance legal principles. In this thesis various benefits have been systematized from a life-cycle perspective. Income is an important concept in social security law and common to these benefits is that they are based on the principle of compensation for lost income. Gender issue becomes easily visible and possible to analyse and within the life-cycle context unemployment, parental and pension insurances are analysed from the perspective of sex equality.To achieve a connection in social security, both benefits and contributions have to be based on the same calculation of income. The concept of income, however, has different meanings in social security legislation. Concepts of income vary both within and between benefits and contributions. The analysis show that legal norms and principles differ between benefits and contributions within the social security system and it is therefore hard to find a connection between them.
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