Asylsökande barns rättigheter inom offentlig rätt : En kritisk analys om barnets rätt i migrationsfrågor

Detta är en Master-uppsats från Uppsala universitet/Teologiska institutionen

Författare: Lina Abusagr; [2021]

Nyckelord: ;

Sammanfattning: Year 2015, Sweden received approximately 163 000 refugees, whom almost half of were children. To combat these, according to the Swedish state overwhelming numbers, a temporary law was put in place in 2016. The law came to be extended and valid until 19th July 2021. This was a hard hit primarily towards children.  The purpose of this thesis is to critically analyze how children rights and human rights are interpreted when judicial judgments are passed within the context of asylum. To conduct this study, the work of inter alia, Louise Danes thesis has been studied, which gives us insight of the jurisprudence and the application of human rights in Swedish public right. Sweden outright implemented the “Convention on the Rights of the Child” into its own laws as is, without skewing or reformulating it in 2020, which is analyzed in this study. This study observes the first judgment made after the installment of this law, within an asylum case, regarding a 14 year old girl. What is also analyzed are documents of policy, from the Swedish Migration Agency regarding their understanding of human rights and application of it. The material in this study is analyzed from an ethical and critical standpoint, based on the thoughts of Ronald Dworkin and Elena Namli.  The study shows that the interpretation of human rights and children rights within public right is ambiguous. What has been shed light on based on this study, is that the authority uses certain laws to nullify the principle regarding the best interest of the child. In “hard cases” the state tend to apply laws to justify the compromise of a child’s human rights.  Keywords: asylum in Sweden, stateless Palestinian children, moral principles, Swedish Migration Agency, children’s right, human rights, Convention on the Rights of the Child 

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