Pernilla Leviner

Child protection under Swedish law—legal duality and uncertainty

Societys responsibility to protect children from harm as prescribed by the UN Convention on the Rights of the Child raises complex questions about the fundamental rights of both children and parents, as well as when and how authorities are to intervene in order to protect children from maltreatment. Many child protection systems around the world attract considerable criticism, due in part to how the law responds to child protection matters. This article examines the Swedish child protection system from a critical legal perspective with the ideas conveyed within Therapeutic Jurisprudence as a theoretical starting point. The aim is to describe and analyze the legal challenges and dilemmas that meet this system. A legal ambiguity about when and how responsible authorities are to intervene, leading to significant uncertainty for both children and parents, is identified. Furthermore, the strong focus by Swedish authorities on voluntary measures to resolve child protection matters can lead to vulnerable children not receiving the protection to which they are entitled. Certain of the challenges and dilemmas described here are specific to the Swedish system due to its legal context and family support approach. However, other aspects resonate across legal systems and, therefore, may be of a more general interest.

Child Participation in the Swedish Child Protection System: Child-Friendly Focus but Limited Child Influence on Outcomes

This article deals with children’s right to participation through legal representatives in the Swedish child protection system, with a specific focus on if and how children are given the possibility to influence decisions made about them in this context. An overall question is whether the regulation is clear as to what should be achieved when it comes to participation for children and what weight children’s wishes and views should be given. Based on a critical legal analysis it is shown that the Swedish system, although having a clear ‘child-friendly image’, is problematic in both these aspects. At present, child participation in the Swedish system is emphasised in theory and in goal-oriented statutes, while at the same time, children to a large extent are ‘legally protected’ from involvement, not the least from influencing decisions made. It is suggested that, for the Swedish child protection system to truly meet its “child-friendly” image and honestly look into how to become more child-inclusive, there is a need to re-think how to best achieve participation for children and also clarify what participation is intended to mean in practice.

Swedish Legal Scholarship Concerning Protection of Vulnerable Groups : Therapeutic and Proactive Dimensions

This paper presents a brief overview of the legal theoretical problems that arise in connection with the societal ambition of protecting vulnerable groups. One of the central difficulties in legislation with proactive and therapeutic ambitions arises from the link between law and philosophy of science, i.e., the relationship between facts and norms. It is shown that Therapeutic Jurisprudence differs in several aspects from Swedish legal scholarship that follows Scandinavian Legal Realism. It is also demonstrated that Therapeutic Jurisprudence has several similarities with the so-called Proactive Approach. This paper suggests that Therapeutic Jurisprudence may serve as a useful legal theoretical perspective in Swedish legal scholarship, especially when studying complex and vague regulations with a future focus. Two examples from Swedish legislation are examined: (a) Laws regulating compulsory care of abused or neglected children, and (b) laws related to the mentally ill. This paper illustrates the complexity in these acts, and poses the question of whether the regulations serve their purpose of providing adequate care for and protection of those in need.

Unaccompanied and Separated Asylum-seeking Minors: Implementing a Rights-based Approach in the Asylum Process

Unaccompanied and Separated Asylum-seeking Minors: Implementing a Rights-Based Approach in the Asylum Process

What’s in a Name? “Child-friendly” Justice in Africa

In Child-friendly Justice , world-leading experts on children’s rights analyse how the UN Convention on the Rights of the Child has strengthened children’s status in civil, administrative and criminal justice systems.