Ställföreträdarens roll i LVU-processen - En rättslig analys av barnrättsperspektivets inverkan på utvecklingen av ställföreträdarens roll igår, idag och imorgon

Detta är en Uppsats för yrkesexamina på avancerad nivå från Lunds universitet/Juridiska institutionen; Lunds universitet/Juridiska fakulteten

Sammanfattning: The purpose of this paper is to investigate the development of the role as the legal representative of the child within the judicial process concerning The Care of Young Persons (Special Provisions) Act (LVU). The thesis will in this matter clarify the child’s prospect to exercise his or her right within this judicial process. Furthermore, the dissertation is written through a children’s rights perspective. The social services in Sweden have an obligation to provide care for children who show signs of unfavorable development. This care shall preferably be given on a voluntary basis but may, in the absence of a reliable consent, also be given through coercion. In connection with such an intervention, a judicial process is initiated to examine the propriety of the action. Moreover, the parties in this process constitutes on one hand by a public authority, on the other hand by the child and the parents of the child that’s in need of care. In order to sustain the principle equality between parties in the judicial process, separate legal councils have been appointed for both the child and the parents since the 1970´s. Thus, a party can only claim his or her rights in the judicial process through a specific authorization. In the judicial process concerning LVU, this consent is recognized by parties from the age of 15 and up. In order to ensure the right to a fair trial for parties under the age of 15, a demand for representation emerges. This is normally provided by the parents, however in the legal process concerning LVU, the risk of conflicting interests requires an external representative. Hence, the role as the legal representative of the child was created in the 1990’s and included in the function of the legal counsel. Until today, the role as the legal representative of the child has only undergone minor changes. However, the future development of the role is uncertain. Upcoming legal actions have therefore been reviewed which has led to the conclusion that the obligations of the role will need to increase in order to enhance the child’s prospect to exercise his or her right in the judicial process.

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