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- Holmqvist, Anna
(författare)
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Integritet på undantag? : En studie av barns röst i patientlagen och patientorganisationer
- 2019
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- This thesis explores discourses regarding children’s voice, in the Swedish Patient Act, as well as in Swedish patient organizations. In the Patient Act, children’s rights as patients are construed on the basis of custodians’ parental rights and the assumption that patients are competent and autonomous adults. The child is given an object position, weaker than an adult patient and subordinated to parents’ authority. Consequently, the integrity of the child is not absolute, as it is construed through an autonomy discourse and a family discourse which set boundaries for the child´s voice in the Patient Act. The family discourse combined with a mass movement discourse form the prerequisits for children’s voice in the context of patient organizations. As a consequence, patient organizations do not act as voice in relation to children’s rights as patients, in the Patient Act. Rather, interviews with representatives of patient organizations show that the parents act as voice having a child in need of health care. The position of children in the organizationsis ambiguous and, rather than having a voice of their own, children can be used in advertising campaigns to attract funding, expressing the voice of the organization. When children are used in this way by organizations, children’s integrity seem to be negotiable. The thesis shows that in both the Patient Act and the patient organizations, the integrity of the child is questioned. Children seem to be regarded as imperfect rights-holders and as imperfect members of society.This perception of the child is traced to dominant ethical perspectives from which children’s human rights have emerged. Drawing on current academic debates, analternative approach to these prevailing ethical perspectives is suggested. Instead of making rights conditional upon presumed autonomy and adulthood, rights can be perceived as relational and expressions of the mutual interdependence of humans, regardless of age and maturity. If rights are seen in this way, with children being understood not as essentially different but differently equal, then the child´s voice can have actual importance.
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| 2. |
- Winerdal, Ulrika, 1975-
(författare)
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Det dubbla ansvaret : Polisförhör med barn och unga som misstänks för att ha utövat dödligt våld
- 2020
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- The over-arching aim of this doctoral thesis is to describe, analyze, theorize and problematize how the Swedish police interrogate children and youth suspected of committing the crime of homicide. This thesis will therefore focus on the investigative interview practices with children below the age of criminal responsibility, who cannot be prosecuted, as well as youth, who have reached the age of criminal responsibility and can thus be prosecuted, and, if found guilty, sentenced. The thesis particularly conceptualizes the “dual responsibility” of the police when interrogating children and youth. The police are, in accordance with the law, obliged to both investigate the actual crime and the issue of guilt and the need of social support for the well-being of the suspected child or youth. The quintessential question is, thus if, and, if so, to what extent, the investigative interview practices being studied responds to the legal obligation of this dual responsibility.The empirical data that the thesis analyzes are the investigative interviews conducted by police officers in Swedish police authorities from 1995 to 2013, comprising a total of forty-seven case files. These files include seven children, five to fourteen years old, and forty-seven youths, fifteen to seventeen years old, all of whom are suspected of having committed the crime of homicide. A total of 101 transcribed interviews are included in the study.The thesis identifies five main empirical findings. The first is that the investigative interview practices comprise three main themes, namely, interrogative topics (what the police ask about), questions (how the police ask question to get to know about the topics), and strategies (how the police try to make the children and the youth talk about the actual topics). The second main finding is that all three investigative interview practices exclusively concern nothing but issues of crime and guilt - including the description of the crime, its time and place, weapon(s) involved and motive(s). The third main finding is that there are no significant differences in how children and youth are being interrogated. The fourth main finding, then, is that only one of the two legal responsibilities is in focus in the interviews. That is, the investigation of the facts of the crime and the determination of guilt. The fifth finding is that when focusing on crime and guilt the police use of questions is often not in compliance with existing recommendations for best practices, which means that leading questions are often used.These findings are then theorized by applying Mary Douglas’ theory of how institutions think. This theorization shows that the investigative interview practices are strongly informed by a thought style which is manifested throughout the interrogative topics, questions and strategies. This thought style influences the institutional approach in such a way that one half of the dual responsibility is completely overlooked. That is, the legal obligation to investigate the need of social support for the wellbeing of a suspected child or youth, both during interrogation and afterwards in their lives following the investigations.The thesis ends by identifying a number of problems, possibilities and dilemmas that need to be met to ensure that the investigative interview practices fully address the legal obligations of the dual responsibility.
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