Barnets rättigheter : en formalitet eller en realitet? Om inkorporeringen av barnkonventionen i svensk lag

Sammanfattning: The rights of the children : a formality or a reality? Incorporating the Convention on the Rights of the Child into Swedish law This essay investigates the arguments for incorporating the United Nation’s Convention on the Rights of the Child into Swedish law through a discourse analysis. The empirical data for the analysis consists of the Swedish Government Official Report (SOU 2016:19) on the subject. In addition, to increase the understanding of the incorporation of the convention two in-depth interviews with experts have been done. The analysis examines what is presented as a problem regarding the rights of children today, how it is presented that incorporating the convention will solve these problems and how the time of incorporation is motivated. Discourse analysis is used both as a theoretical framework and method. Moreover, theoretical terminology of childhood sociology, namely whether if the child is seen as becoming or being, has been applied. The study concludes that the following problems are presented; the voice of the child is given little importance, the child rights perspective has issues regarding children in various areas (asylum process, disability, domestic violence). In addition, it is presented as a problem that Sweden’s humanitarian reputation has been questioned. The study suggests that an incorporation of the convention aims to result in putting the best of the child at first. It also implies a greater clarity in administration regarding children. Furthermore, the study finds that the symbolic value of making a political signal, both nationally and internationally, through strengthening children’s rights seems to play a significant role in the decision. However, the study also suggests that there are still remaining questions of how the convention will work in practice. Therefore, today, it is not possible to be sure if this will beneficial in theory or also in practice for the rights of the children.