Principen om barnets bästa - subjektiv, objektiv, relativ. En rättssociologisk kvalitativ studie om hur migrationsverket tolkar och fastställer barnets bästa i asylärenden.

Sammanfattning: The best interest of the child is not a defined term but a concept that allows for cultural, political and social interpretations. The Swedish government is obliged to protect every child's interests and take the judicial decision-making into account in all aspects of a child's situation. Subsequent to an event in early autumn, 2011, when two children in the care of the LVU, were deported from Sweden along with their parents, the Immigration Services and the Social Services were called to a meeting by the Swedish Children's Ombudsman to discuss how these Services should conduct such matters. It became clear how there is missing knowledge about children’s situations. In light of this, I intend to examine the immigration office methodology used to assess, interpret and determine a child’s best interests. The study was conducted with a qualitative approach and interviews, and I am analyzing data from the constitutional welfare model. Central to my analysis and conclusions is how the principle of the child’s best interest, in Swedish law and in the Convention on the Rights of the Child (CRC), is formed in such a way that it does not conform with traditional legal rules. Currently, the manuals, guidelines and instruments are conducive to a mechanical approach to judicial decisions rather than free individual assessment. Such assessments expect the decision makers to have knowledge and competence in many various disciplines. The principle of the child’s best interest should be seen as an open concept where freer assessments are based on holistic solutions. In asylum matters, Immigration Service officials shall act after making a so-called child impact assessment, in which the principle of the child’s best interest is one of the aspects to be considered.