Den tillfälliga lagens påverkan på barnets rätt till psykisk hälsa : med fokus på asylsökande ensamkommande barn

Sammanfattning: This study examines how the new temporary law (SFS 2016:752) guarantees the child’s right to mental health; focusing on the asylum-seeking unaccompanied minor. This subject is examined since the Swedish law that regulates migration got reduced to the minimum standards that can be found in the EU and in international conventions when Sweden received 163 000 asylum seekers during 2015. 35 400 of them were unaccompanied minors. This leads to the question if the new regulations jeopardize the child’s right to mental health. To answer that, this study’s theoretical ground that will be used is legal positivism. By practicing a legal-judicial method and law-based sociological method the study follows three questions; 1. What is Sweden bound to guarantee according to the Convention on the Right’s of the child, associated with the mental health of children and the provisions of the temporary law? 2. Does the temporary law constitute grounds for existential uncertainty, and is it thereby violating the child’s right to mental health? 3. What does the situation look like, related to the mental health of asylum-seeking unaccompanied minors? In relation to the Convention on the Right’s of the Child this temporary law, and the impact of it, is examined. In the discussion it is clear that not only article 24 (the child’s right to health) is fundamental to the question of mental health, but several other articles. The result of this study has shown that the temporary law clearly violates the asylum-seeking unaccompanied child’s right to mental health.