LVUs upphörande- när barnets bästa inte är att återförenas
Sammanfattning: To take a child into public care against the parents will is an exception from the Swedish standpoint that all care should be given on a voluntary basis. It requires that there is a noticeable risk that the child's health or development will come to harm. But what are the demands when deciding whether the care should come to an end? Where is the focus in that process? The aim of this study is to look at how the child’s best interest relates to the ambition, or principle, of reunification when the care should come to an end. The questions concerns what emphasis these two principles have in the Swedish legal framework today, how the legislative proposals relating to the tragic incident when a four-year old girl died after reunification with her parents can affect this, and if there are any risks by giving the child’s best interest more weight in the process. The essay is based on a traditional legal dogmatic method, and a child-rights perspective. The investigation of the legal framework of today shows that the principle of reunification is emphasised, today as well as historically. The main goal in public care is that the child should be reunified with the parents. This is also stressed in the legislative proposals that aim to enhance the child’s best interest. There are legislations within the Care of Young Persons Act where the child’s best interest is the major factor in the assessment, but regarding the cease of the care it is not one of the necessary prerequisites. The care should come to an end when the circumstances that in the beginning led to the care have ceased to exist, the best interest of the child is not a part of that assessment. The legislative proposals that are looked into can alter the legal situation, at least the proposal that suggests that the child’s best interest should become a necessary prerequisite if the care can come to an end. However, legislation concerning this matter must also coincide with Sweden's international commitments, since the Convention for the Protection of Human Right and Fundamental Freedoms contains an article with the right to respect for family life. An analysis of decisions from the European Court of Human Rights, along with the fact that similar legislations exist in other states, indicates that such a change in law would be possible.
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