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- Nordvik, Marie Lindsjørn, 1982-
(author)
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Barnets rett til medbestemmelse ved omsorgsovertakelse : rettighetens betydning i et komplekst landskap av rettslige normer
- 2021
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Doctoral thesis (other academic/artistic)abstract
- This legal study concerns the child’s right and possibility to participate when a care order is being considered in Norway. The child’s right to participation can be explained as the influence children can or should have on their own lives, even if children do not have full autonomy or self- determination. The right has been decisive for a change in view of children as a legal entity and an active subject of rights. In Norwegian legislation, the right to participation has been clarified and strengthened since the Convention on the Rights of the Child was incorporated into Norwegian law in 2003, and it has been given a prominent place in children’s own rights provision in Section 104 of the Constitution. Nevertheless, there have been repeated criticisms that this right is not adequately practiced. In this study, it is argued that it is not sufficient merely to strengthen and clarify the child’s right to participation without that right at the same time implying a renewed understanding of the child’s other rights and the conditions for a care order. In an assessment of taking a child into care, the right to participation must be safeguarded throughout all stages of the assessment for those children to be guaranteed a real opportunity for involvement. It is argued that the child’s perspective must be included in the assessment of whether there is a serious failure of care, whether remedial measures can help the situation, and what is in the child’s best interests. The conditions and assessment methodology for decisions on care orders should also promote to a greater extent a balance of the child’s various rights. It is argued that this is necessary to safeguard the child’s independent legal interests in these cases, which also include the parents’ right to family life.
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| 2. |
- Holm, Johan, 1976-
(author)
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Ett hållbart arbetsliv : arbetsgivarens rättsliga ansvar för arbetsmiljö och rehabilitering
- 2021
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Doctoral thesis (other academic/artistic)abstract
- This doctoral thesis investigates and analyses the Swedish employers’ legal responsibility for the work environment and rehabilitation efforts. The focus of analysis is on the legal requirements to be met by the employer and the legal mechanisms available to enforce the requirements. The measures the employer must take regarding the work environment and rehabilitation are regulated by different types of rules that impose some clear and some less clear requirements. Some rules are statutory, and some instead have been imposed by governmental regulations. In order to define the responsibilities of the employer, this study categorizes all of these requirements according to their design: they may constitute specification standards, performance standards, process-based standards, or general duties. To define the employers’ legal responsibility, the conditions that must be fulfilled for the legal enforcement of the requirements also need to be clarified. Enforcement is accomplished through, among other mechanisms, injunctions, fines, criminal sanctions and employment protection rules.The study describes and demonstrates the links between, on the one hand, the design of the requirements and, on the other hand, the legal possibilities for enforcement. It also shows that an employer’s overall legal responsibility for the working environment and rehabilitation is complex. There are differences in the design and functioning of the employer’s proactive responsibility – the responsibility to prevent ill health and to promote health – and the reactive responsibility – responsibility for rehabilitation. There are also major differences in the regulation of different aspects of work environments, with rules varying based on types of work done and risks faced, and based on how the organizational rehabilitation responsibility is designed compared to the responsibility for the individual worker’s rehabilitation. The study also clarifies how the legal regulation of the employer’s responsibility for the work environment and for rehabilitation can contribute to the overall policy objective of ensuring for every worker a sustainable working life.
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| 3. |
- Steinberg, Maria
(author)
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Skyddsombud i allas intresse : en rättsvetenskaplig studie
- 2004
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Doctoral thesis (other academic/artistic)abstract
- This study is about Swedish “safety delegates” (skyddsombud). The main function of a safety delegate (SD) is to represent employees in matters of work environment (health and safety including psychosocial aspects). The legislation concerning SDs is mainly found in the Swedish Work Environment Act (WEA) and in collective agreements.This study focuses on the Swedish work environment legislation. It has a special focus on the SD’s power to influence the work environment. The SD as a legal institution was founded in 1912 and can be considered to be the first representative of local democracy in the work place. There are approximately 110 000 SDs in Sweden today.An SD is almost always appointed by a local trade union. At first glance one can get the impression that an SD is just like any other trade union official, but the SD’s role is more complex. One question posed in this study is why is the role of the SDs so complex? In order to answer that question I have used traditional legal method complemented by a historical study. Another question posed in this study is, if the SDs can influence the work environment. In order to answer this question two empirical studies have been carried out. One study covers 200 cases when the SDs used their power to suspend work and another study covers 200 cases when the SDs used their power to request a decision from the Supervising Authority. Altogether 6 000 different factors have been analysed. The cases used in the study had been registered at the Supervision Authority (then called the Labour inspectorate, now called the Work Environment Authority).This study finds that the function of an SD is not only to represent the trade union, but also individual employees. Another function is to help the State to promote good work environment and to lessen public health costs. An SD can at the same time be regarded as a helper to the employee in order to promote good work environment. An SD also has a special function of receiving and sharing information on matters relating to the work environment. My findings from the empirical studies were that that SDs could influence their employer and/or the Supervising Authority in 96 % of cases by using suspension of work and in 92 % of the cases when using requests for a decision from the Supervising Authority. When comparing the SD’s power to request a decision and their power to suspend work, I found that the power to request was more effective in terms of influence. The SDs used their power many times for preventing matters relating to psychosocial problems such as violence, dissatisfaction with their boss or too great a work load with too little staff. Most of the suspensions of work and requests to the Supervision Authority were used by head or regional SDs. These powers were rarely used by women as women are less often appointed as head or regional SDs.The position of an SD is strong from a legal point of view with respect to preventing work accidents and injuries. SDs are in the interests of everyone, from employees to employers and the State.
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| 4. |
- Ulander-Wänman, Carin, 1956-
(author)
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Företrädesrätt till återanställning
- 2008
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Doctoral thesis (other academic/artistic)abstract
- This thesis focus on the priority right to re-employment in Section 25 of the Swedish Employment Security Act (LAS). The study highlights how power relationships between employers, trade unions and employees with the priority right to re-employment are constructed in the Regulation, and what consequences these relationships have for an employee with the priority right to re-employment. A further aim was to analyse the practical application and function of this Regulation in society. Analysis of the regulation indicates that the managerial prerogative has the strongest position when an employee terminates employment due to scarcity of work or when management decides how to meet new manpower needs. The individual employee is subordinated to both employers and trade unions collective interests and power. Analysis of the Regulation in practical applications indicates that, in the period under study, one-third of the employees with priority right to re-employment were rehired pursuant to Section 25 of LAS. The findings also indicate that 10 % of salaried employees were rehired with reference to the same Section. The most common explanation given for not rehiring an employee was insufficient qualifications. The “flexicurity” concept has been advocated in the European Union. This concept involves a shift from employment security in relation to a single employer to employment security in relation to the labour market as a whole. This development may affect the function of the priority right to re-employment. If protecting established employees’ employability were indeed a political goal, this would presume changes or supplementary adjustments in Swedish jurisprudence. Such adjusted regulation should focus on the individual employee, not only in terms of retaining existing employment and/or return to prior employment, but in the requirement to be employable on the labour market as a whole.
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