En hedervärd lagstiftning? Om hur 2 § LVU tillämpas i mål med hederskultur som kontext

Detta är en Kandidat-uppsats från Lunds universitet/Rättssociologiska institutionen

Sammanfattning: Honour related violence has been up for political discussion in the last two decades in Sweden, a discourse primarily concerned with girls. In the absence of a legislation concerning honour related violence, children in need of protection can receive it through the Care of Young Persons Act (CYPA). The purpose of this thesis is to study how the second paragraph in the CYPA is applied by Administrative Courts in Sweden in order to ensure the protection of children suffering under honour related violence, with particular attention to boys. The purpose of this thesis is also to identify different factors that affect the decisions made by the Administrative Courts. The method employed is a qualitative content analysis on 54 verdicts from four different Administrative Courts. The results indicate that the necessary prerequisites in the second paragraph of the CYPA are flexible enough to cover all circumstances where honour related violence could be established, and that enforcement of the legislation is done in accordance with rule of law. Cases are dismissed when inquiries conducted by the Social Services are found insufficient when proving domestic mistreatment of children. In this thesis we argue that the absence of boys in the jurisprudence of the Administrative Courts indicates that further civilian-orientated efforts are needed in order to ensure more protection for boys.

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