I enlighet med barnets bästa? : Hur principen om barnets bästa tillvaratas i LVU-beslut med beaktande till barnkonventionen

Detta är en Magister-uppsats från Enskilda Högskolan StockholmTeologiska högskolan Stockholm/Avdelningen för mänskliga rättigheter

Sammanfattning: The aim of this study was to examine whether children’s rights in deciding on compulsory care (LVU) could be fulfilled by prevailing Swedish legislation, taking into account the principle of the childs best interest. The focus of the study was to explore how the principle of the best interest of the child is considered in decisions on compulsory care. This was done by examining the child’s right to be heard during the court process and if the childs opinions and will is taken into account when deciding on LVU. I used a legal dogmatic method to analyze the U.N. convention of the rights of the child (article 3 and article 12) as well as the Swedish law sections LVU, SoL and FB. This study was based on a case study with eight compulsory care cases settled in the Swedish ”Kammarrätt”. All reviewed cases were in accordance to 2 § LVU and the age criteria for the children was between ten to fourteen years old. The result has given an insight in the different ways a child is heared during court process, some children got to express their opinions themselves and some children ́s opinions were expressed through their representative or the social welfare board ́s investigation. The children ́s opinion and their will was noted to a degree in most cases,while in some cases the children ́s opionions and will (especially siblings) was contradictory, the court had to base their judgments on what was considered to be the best interests of the child.

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