| 1. |
- Adami, Rebecca, 1982-, et al.
(författare)
-
The Rights of the Child : Legal, Political and Ethical Challenges
- 2023
-
Bok (refereegranskat)abstract
- How can human rights for children born outside their national jurisdiction with parents deemed as terrorists be safeguarded? In what ways do children risk being discriminated in their welfare rights in Sweden when treated as invisible part of a family? How can we do research on children’s rights in not just ethically sensitive ways but also with respect for children as rights subjects? And what could be a theory on social justice for children? These are questions discussed in studies from different disciplines concerning children’s international human rights, with a special focus on the realization of the CRC in Sweden.
|
|
| 2. |
-
Children in Custody Disputes : Matching Legal Proceedings to Problems
- 2024
-
Samlingsverk (redaktörskap) (refereegranskat)abstract
- This open access book explores how legal proceedings in and out-of-court can be matched to the complex problems underlying disputes concerning child custody, residence and contact between parents. It focusses in particular on Nordic experiences of in and out-of-court mechanisms as means of resolving custody disputes. The contributors are internationally renowned and experienced researchers from the legal, psychological, and sociological fields who provide empirical as well as legal perspectives. They examine central legal, ethical and knowledge-based dilemmas in custody dispute proceedings. The findings speak to an international audience and suggest ways how to best realize the interests of the child. It transcends disciplinary, institutional, and jurisdictional boundaries in search of new knowledge.
|
|
| 3. |
- Hellner, Agnes, 1982-, et al.
(författare)
-
Beyond the Horizon : Matching Legal Proceedings to Problems in Custody Disputes
- 2024
-
Ingår i: Children in Custody Disputes. - : Palgrave Macmillan. - 9783031463006 ; , s. 185-207
-
Bokkapitel (refereegranskat)abstract
- Finding a good match between legal proceedings and the problems they will be used to address, is by no means a new challenge. The complexity of custody disputes—the variations in underlying factors, the child’s individual needs, experience, and views, and the health and life circumstances of the parents—can make the challenge seem overwhelming. Therefore, rather than diving into the details of the law applicable to custody disputes, the present anthology seeks to address broader perspectives, and look for new ways forward, perhaps beyond those set out in current laws.
|
|
| 4. |
- Jarnesand, Marie, 1980-
(författare)
-
Högsta domstolen och enhetligheten : Om enhetlighetsargumentets betydelse för prejudikatprocessen
- 2023
-
Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- Argumentation of uniformity with respect to the Supreme Court has a long tradition and appears in the procedural law context in a variety of ways. It is widely used as a motive for introducing or arguing against changes in the process order, as well as an argument to justify that the Supreme Court must and should act in a certain way. Argumentation of uniformity is further used to legitimize as well as evaluate and criticize the Supreme Court’s role as precedent body. In this doctoral thesis the use and significance of uniformity argumentation regarding the Supreme Court, hereafter the uniformity argument, is examined, analysed and nuanced. A preliminary point of departure for the study is that the uniformity argument may not be as uniform as it appears at first glance. What appears to be the same argument, may in fact hide nuances, different layers or even contradictions, which can be brought to light by studying the uniformity argument more closely in the different contexts in which it is raised.In conclusion, I have highlighted some possible distinctions in the uniformity argument. Among other things, I have pointed to a broader uniformity argument and a narrower one. The broader uniformity argument is described as including both questions of law and questions of fact, in contrast to the narrower uniformity argument which only aims at the position with questions of law. I have highlighted a forward-looking and proactive uniformity argument and a backward-looking and reactive one. I have highlighted that the uniformity argument is used in virtually all contexts where the Supreme Court is discussed or shaped. Furthermore, I have shown how the uniformity argument is used with a variety of uses. I have put my finger on the continuity of the uniformity argument in precedent procedural contexts despite clear changes in the procedural landscape. I have identified that the vagueness of the uniformity argument is important for its resilience, but that this same vagueness can create problems. The thesis has identified, made visible and problematized that the uniformity argument contains different aspects and that different procedural institutes are based on different arguments. This becomes important for the Supreme Court as a precedent instance. The hope is that the results of the thesis will contribute to increasing the rigor in discussions and reforms about the Supreme Court’s operations and focus. In a larger perspective, the study has made visible how a soluble argument such as uniformity acts as a form of meta-norm that gains importance on a variety of levels, for theory formation, legislative policy and procedural rules.
|
|
| 5. |
- Kaldal, Anna, 1966-, et al.
(författare)
-
Diskussion
- 2020
-
Ingår i: Barn i brottmål. En antologi.. - Stockholm : Jure. - 9789172238183
-
Bokkapitel (övrigt vetenskapligt/konstnärligt)
|
|
| 6. |
- Kaldal, Anna, 1966-, et al.
(författare)
-
Inledande kapitel
- 2020
-
Ingår i: Barn i brottmål. - Stockholm : Jure. - 9789172238183
-
Bokkapitel (övrigt vetenskapligt/konstnärligt)
|
|
| 7. |
- Kaldal, Anna, 1966-
(författare)
-
Parallella processer : En rättsvetenskaplig studie av riskbedömningar i vårdnads- och LVU-mål
- 2010
-
Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- Crimes against children are among the most complicated. One of the reasons is high demand on the evidence in a criminal case. As a consequence, many alleged crimes may be difficult to solve. In order to protect the child from future harm, further legal processes might become necessary. The thesis studies risk assessment in custody cases and child protection cases. One aim of the thesis concerns what evidential criteria relate to the definition of risk within each act and if the law gives any indication of what information that is required in order to assess such risk. Related to the second theme is the issue of what legal possibilities exist to involve the child in the process. The thesis also applies a behavioral science perspective, and provides an overview of the discussion within the research area of children and risk. Limitations in contact between a child and a parent based on the legal concept of risk constitute exceptions to the main principle that children and parents have a right to live together. This presumption characterizes the current procedural legal frameworks. For example, the party that claims that there is a risk for the child also carries the burden of proof. The level of risk must be at least probable. If this level of risk can not be proven, there is no risk from a legal point of view, and consequently no possibility to intervene against the parents will. A regulation with more options to act within a lower risk domain could be motivated from a child protection perspective (risk monitoring). The similarities between custody cases which involves accusations of abuse of a child and a child protection case, motivates that both types of cases are handled in the same way and by the same authorities. In order to supply the court with sufficient information, it is necessary to secure both the authority and the competence to carry out this responsibility in the best possible way. This motivates not only alignment of investigative procedures, but also that the investigative body is equipped with the same authority and competence.
|
|
| 8. |
|
|
| 9. |
- Landberg, Åsa, 1963-, et al.
(författare)
-
Paths of disclosure : The process of sharing experiences of child sexual abuse
- 2023
-
Ingår i: Children & society. - : Wiley-Blackwell. - 0951-0605 .- 1099-0860. ; 37:5, s. 1535-1554
-
Tidskriftsartikel (refereegranskat)abstract
- The objective was to explore how children and young people retrospectively described disclosure of child sexual abuse in relation to their own agency. Data consists of semi-structured interviews with 14 participants that had disclosed sexual abuse during childhood. Interviews were audio recorded, transcribed and analysed with thematical analysis. Participants' descriptions of their own agency in relation to disclosure of child sexual abuse, shows that both silence and disclosure can be active choices. By offering children choices trusting them to make decisions for themselves, their sense of control can be increased.
|
|
