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Detta är en Kandidat-uppsats från Lunds universitet/Rättssociologiska institutionen

Sammanfattning: The aim of this study is to examine children's participation within custody disputes and evaluate if the incorporation of the Convention on the Rights of the Child into Swedish legislation had an impact on district court cases concerning custody disputes, with a solitary focus on article 12. The study will primarily examine if the incorporation, as expected by the government, had an effect on children’s participation in court and if so, in what way is it portrayed. Further on, the study aims to outline the enforcement of article 12 of Convention on the Rights of the Child. The study is based on district court cases concerning custody disputes from 2019 and 2020. Through a qualitative content analysis of the court cases we were able to emphasize the impacts of the incorporation of article 12 of the Convention on the Rights of the Child and further shed light on the prevailing problems with article 12. The results indicate that the incorporation has not had a significant impact on custody disputes cases, both in child’s participation and the enforcement. The analysed district court cases confirm that the interpretation of when a child is old and mature enough to participate in court differ. This study discusses causes that can give an explanation for the result and concludes with new insights and questions regarding children’s participation in court and the enforcement of article 12 of the Convention on the Rights of the Child

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