| 1. |
- Kankaanpää Thell, Emelie, 1986-
(författare)
-
Från föräldrars ansvar till ansvarsfrihet för föräldrar : En rättsvetenskaplig studie av föräldrars begränsande och tillrättavisande handlingar mot barn
- 2023
-
Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- This thesis analyses and discusses the responsibility of parents in matters relating to restrictive and corrective actions against their children. The thesis argues that the child’s right to a good upbringing under the Swedish Parental Code (1949:381) should be understood as a rights-based process towards legal adulthood. This right is also a fundamental part of the parents’ responsibility for supervision and care of the child and therefore essential to understand the legal norms and limits on restrictive and corrective actions.Milder restrictive and corrective actions towards children are mainly handled within the criminal law system and there within an unwritten exception for criminal liability for such actions. This thesis highlights that the legal test for whether or not restrictive and corrective actions committed by a parent against a child fulfil the objective element of a crime should be based on norms from the family law system, namely the parents’ responsibility for supervision and care and the child’s right to a good upbringing as a rights-based process.
|
|
| 2. |
- Sayed, Mosa, 1975-
(författare)
-
Islam och arvsrätt i det mångkulturella Sverige : En internationellt och jämförande studie
- 2009
-
Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- Islam och arvsrätt i det mångkulturella Sverige. En internationellt privaträttslig och jämförande studie. Islam and Inheritance Law in Multicultural Sweden. A Study in Private International and Comparative law. Iustus Förlag AB, 421 pp. Uppsala 2009. ISSN 0282-2040, ISBN 978-91-7678-741-0.Immigration has meant that to a large extent Sweden’s population at present is heterogeneous as regards culture and religion. In this doctoral thesis the choice of law rules of Swedish private international law relating to inheritance are elucidated in the context of an intestate succession characterised by Islam, to be precise the Egyptian law of inheritance. The Egyptian rules are used as an example of a typical Islamic inheritance system. According to the Act (1937:81) on International Legal Relations Concerning Estate, the choice of law rule relating to inheritance is based on the principle of nationality. This principle means that suitable rules follow the law of the country where the deceased was a citizen at the time of death. Many people in Sweden are citizens of countries with an Islamic inheritance legal order. The Swedish international inheritance rules imply that in these cases the estate will be devolved in accordance with the rules in the country of citizenship, i.e. the Islamic regime. In this study the Swedish conflict rules are analysed in context of a multicultural Sweden. What is the function of succession rules based on religion in a non-Muslim society, where a significant proportion of the population identifies themselves with the Islamic law due to their religious views and affiliation? In what way can a multicultural perspective contribute to the interpretation and application of the international inheritance law regulations in Sweden? Mosa Sayed, Juridiska institutionen, Uppsala universitet, Box 512, S-751 20, Uppsala, Sweden.
|
|
| 3. |
- Holmqvist, Anna
(författare)
-
Integritet på undantag? : En studie av barns röst i patientlagen och patientorganisationer
- 2019
-
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.
|
|
| 4. |
- 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.
|
|
| 5. |
- Schiratzki, Johanna
(författare)
-
Vårdnad och vårdnadstvister
- 1997
-
Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- This dissertation regards the best interests of the child, the reasons for the legal development of custody, the scope of custody and the transfer of custody. The legislation considered is primarily Chapter 6 Code on Parenthood, regarding custody in relation to parents and children, and 2 § Special Provisions of the Young Act (1990:52). The public law element is explained by the fact that placement of children under compulsory care leads to a reduction in the custodian's responsibilities comparable to transfer of custody.The best interests of the child are divided into an active and a passive sense. The best interests of the child in an active sense aims to give children rights which adults do not have to the same extent. The best interests of the child in a passive sense grants children protection in relation to mistreatments, e.g. severe neglect and battery.Custody has a de facto and a de lege side. If a parent shares a part in the legal custody, he has all the rights of a custodian, regardless of contact with the child. It is here proposed that the significance of de facto custody is increased. It is also proposed that guardianship should be included in custody. It is further argued that the child's human rights should be brought in to better agreement with the custodians rights.The reasons for legislation on custody are essentially valuebased. The law aims to change the attitudes held by legal subjects, not to be an instrument for the courts application. Court decisions on custody are based on far reaching discretionary assessments. It is here suggested that discretionary assessments should be limited in favour of the principle of the least possible change.
|
|
