Inkorporeringen av barnkonventionen i svensk rätt : En fallstudie kring barnkonventionens inkorporerande i Sverige

Sammanfattning: Abstract The ratification of the Convention on the Rights of the Child was adopted in 1990 and thereafter Sweden also ratified the Convention on the Rights of the Child. The Swedish Parliament voted in 2018 on the Government's proposal regarding the incorporation of the Convention on the Rights of the Child. The Convention on the Rights of the Child became law in Sweden since 1 January 2020. The purpose of the study has been to examine and analyze the transposition of the Convention on the Rights of the Child into Swedish law. Furthermore, all changes, challenges and problems encountered during the process regarding the incorporation of the Convention on the Rights of the Child are analyzed. To achieve the purpose of the essay, I have used a rights theory by the legal philosopher Ronald Dworkin who writes about legal rights.   The study clearly shows that the transposition of the Convention on the Rights of the Child acquires the status of Swedish law and this will help children to comply with children's rights in society, despite certain problems that remain. Children's rights are described on the basis of the articles of the Convention on the Rights of the Child and the three optional additional protocols, where additional protocol (TP3) has not been ratified in Swedish law. (TP3) gave children the opportunity to challenge decisions when children’s rights have been violated under the Convention on the Rights of the Child. The incorporation of the Convention on the Rights of the Child means also that children have no right to complain, because the courts have no direct obligation to use the articles and additional protocols of the Convention on the Rights of the Child.