The CRC is an ethical foundation documents to strengthen children's position in the family law process and ensure that both the child's needs and rights are met. According to article 12 all children have the right to participate in processes and decisions that affect them, where their opinions should be given weight in accordance to their age and maturity. Even to meet the child's best interests (article 3) should be the main target at each crucial decision on issues affecting children. The definition of the child's best changes in time and place and leads to individual assessments needs to be made based on the needs of each child, by their individual interests and situation. In practice it may also be deemed to be a dilemma to consider both articles, tension may arise when the child ́s will and the best interests of the child do not correspond. Based on theories of child's status as an actor or non-actor in the assessment through the different perspectives: care logic and legal logic, we want to understand how assessors in different cases of access account to the articles that determine their decisions. Our study has been conducted through a qualitative research with textual analysis of five Swedish cases from District Court and Court of Appeal from the years 2015-2016. The outcome of the study shows that two logics (care logic and legal logic) generates in the assessments of the child ́s best and that their decisions is depending on which one of those thats dominate. The results also shows that the children ́s will depends on its age and maturity which also determine the children ́s influence and status as actors or non-actors in the legal process of access

Title:” Now I took his child, what will he do with mine?” A qualitative study on threat and violence aimed at social workers within child protective service. Authors:  Emma Andersson and Torbjörn Sjölin. Supervisor:  Peter Hultgren. Assessor: Barzoo Eliassi. Purpose: The purpose of this study is to examine how social workers within child protective service understand and experience threat and violence aimed at them in their profession and how these understandings and experiences affects their well-being. The study will provide an understanding of the subject at hand and can also lead way for new research areas of how to improve the well-being of social workers within this field.   Method: A qualitative approach based on semistructured interviews has been used as method in this study. To collect empirical material seven currently working social workers from three different municipalities in the same region were interviewed. Theory: The theoretical points of this thesis has been Berger and Luckmanns theories about social construction, theory of social cognition and a model produced in the writing of how interaction between experience and understanding affects the well-being. The different theories and approaches has been a valuable tool to analyze the empirical material gathered in the study. Results: The result of this study is divided in different themes based on the purpose of the study. Our results indicate that social worker within child protective service consider threat and violence as occurring within their profession and that this perception has a negative impact on their well-being. Even though social workers consider threat and violence as not acceptable at work and perceive threat as a part of their job they continue to fulfill their obligations at work. The main explanation, found in this study, is that they consider the well-being of children as higher valued than their own.

I föreliggande studie undersöks hur rättssäkerheten tillämpas och tolkas allmänt för barn som placeras utanför det egna hemmet av socialtjänsten samt hur rättssäkerheten tolkas och tillämpas när det rör barn som är placerade på ideella kvinnojourer. Studien är av rättssociologisk art. Metoden som används i studien är en kombination av rättsdogmatisk metod och samhällsvetenskaplig metod. Detta för att genom den rättsdogmatiska metoden studera lagstiftning och den samhällsvetenskapliga undersöka hur lagen tillämpas i praktiken. Materialet består av texter samt intervju. Teorier om rättssäkerhet används för att skapa en förståelse av materialet (Staaf; Petczenik) Studien visar att det finns brister i den formella rättssäkerheten samt att den materiella rättssäkerheten inte diskuteras över huvudtaget. Studiens resultat visar även att det finns ett glapp mellan rätten och dess tillämpning. / The present study examines how the rule of law is applied and interpreted for children placed outside their home by social services and how the rule of law are interpreted and applied in the case of children placed on non-profit refuges. The study has a sociology of law approach. Methods used in the study are a combination of legal dogmatic and social scientific method. The material consists of texts and one interview. Theories of the rule of law is used to create an understanding of the material (Staaf; Petczenik). The study shows that there are deficiencies in the formal legal rights as well as to the substantive legal rights, that will not be discussed at all. The results of the study shows that there is a gap between the law and its application.

<p>The purpose of this study has been to investigate how socialworkers describe their attitudes towards reporting childabuse to the police and if they make different decisions when they believe the violence to be honour related and how they handle these questions. The main questions are; How does socialworkers describe their and their colleagues attitudes towards reporting childabuse to the police and when do they believe they should report? Do they describe honourviolence as a specific kind of violence that should be lifted and in what way does it affect their work? The study is written from a legal sociologist perspective with a qualitative approach. Four socialworkers were interviewed and the interviews were analyzed with an anti-racist theory and with the theory about freedom of action.</p><p>The conclusions is that the socialworkers mostly report childabuse to the police when the violence is physical. This means that children who describes to be subjected to psychological violence, including honourviolence, has poor legal security. Socialworkers describes honourviolence as a specific kind of violence that has to be lifted. Without knowledge they wont be able to help. They feel limited by the legislation and have invented <em>creative solutions</em> that focuses on the child’s best interest.</p>

<p>The aim of the study was to examine how child investigators in the police force interpret and apply the notification of preliminary investigation (FuK) and the po-lice act in their child investigative interviews with alleged victims of sexual abuse. Questions at issue were how child investigators relate to FuK 17-19 §§, re-garding child investigative interviews and to FuK 16 § and the police act 3 §, re-garding their co-operation with social services. The theory and method used in this study was Sociology of Law. Qualitative interviews were conducted with eight child investigators, one from each police district in Stockholm. The results of the study conclude that despite special qualifications, child investigators may find themselves in difficulty in receiving or interpreting information from chil-dren, therefore they may need to consult a person with expert knowledge. Fur-thermore the results conclude that all of the child investigators with no exception inform the social services when a report to the police is received. Moreover, the results show that child investigators in general are aware of the legislation and re-late in compliance with it. In conclusion, children are given special treatment in relation to adults, in order to place children on equality with them.</p>

<p>The opinion of social workers towards their work with children and young persons was</p><p>studied in this essay. Even their point of view with reference to the term the child’s best</p><p>interest has being considered and special focus was laid on the social workers attitudes</p><p>towards media coverage and its criticism towards their work. A qualitative approach was used</p><p>consisted of six interviews. The theoretical frameworks were based on the theory about</p><p>freedom of action and the theory of social representations. Our result showed that almost all</p><p>of the interviewees felt a relatively high freedom of action in their work within the framework</p><p>of the law and other policies and that despite the difficulties this can imply, they still enjoy</p><p>working with this target group. Concerning the term the child’s best interest, all of</p><p>interviewees said that it is very good that it exists but that it is also difficult to define since it</p><p>depends on whom one asks. Nearly all of the social workers thought that media coverage is</p><p>one-sided and very negative.</p>

The aim of the study was to examine how child investigators in the police force interpret and apply the notification of preliminary investigation (FuK) and the po-lice act in their child investigative interviews with alleged victims of sexual abuse. Questions at issue were how child investigators relate to FuK 17-19 §§, re-garding child investigative interviews and to FuK 16 § and the police act 3 §, re-garding their co-operation with social services. The theory and method used in this study was Sociology of Law. Qualitative interviews were conducted with eight child investigators, one from each police district in Stockholm. The results of the study conclude that despite special qualifications, child investigators may find themselves in difficulty in receiving or interpreting information from chil-dren, therefore they may need to consult a person with expert knowledge. Fur-thermore the results conclude that all of the child investigators with no exception inform the social services when a report to the police is received. Moreover, the results show that child investigators in general are aware of the legislation and re-late in compliance with it. In conclusion, children are given special treatment in relation to adults, in order to place children on equality with them.

The purpose of this study has been to investigate how socialworkers describe their attitudes towards reporting childabuse to the police and if they make different decisions when they believe the violence to be honour related and how they handle these questions. The main questions are; How does socialworkers describe their and their colleagues attitudes towards reporting childabuse to the police and when do they believe they should report? Do they describe honourviolence as a specific kind of violence that should be lifted and in what way does it affect their work? The study is written from a legal sociologist perspective with a qualitative approach. Four socialworkers were interviewed and the interviews were analyzed with an anti-racist theory and with the theory about freedom of action. The conclusions is that the socialworkers mostly report childabuse to the police when the violence is physical. This means that children who describes to be subjected to psychological violence, including honourviolence, has poor legal security. Socialworkers describes honourviolence as a specific kind of violence that has to be lifted. Without knowledge they wont be able to help. They feel limited by the legislation and have invented creative solutions that focuses on the child’s best interest.

The opinion of social workers towards their work with children and young persons was studied in this essay. Even their point of view with reference to the term the child’s best interest has being considered and special focus was laid on the social workers attitudes towards media coverage and its criticism towards their work. A qualitative approach was used consisted of six interviews. The theoretical frameworks were based on the theory about freedom of action and the theory of social representations. Our result showed that almost all of the interviewees felt a relatively high freedom of action in their work within the framework of the law and other policies and that despite the difficulties this can imply, they still enjoy working with this target group. Concerning the term the child’s best interest, all of interviewees said that it is very good that it exists but that it is also difficult to define since it depends on whom one asks. Nearly all of the social workers thought that media coverage is one-sided and very negative.

Syftet med studien är att utifrån fem fäders berättelser undersöka effekten av rättstillämpning vid tvist om vårdnad, boende och umgänge. Genom detta har fäders situation utifrån rådande normers påverkan i socialtjänstens och rättsväsendets agerande synliggjorts. Vi kommer att följa fem fädernas berättelser om hur deras vårdnadstvist ser ut och hur de upplever bemötande, agerande och rättstillämpning från professionella aktörer. Enligt fäderna sker detta på ett icke tillfredsställande sätt då utredningarna ofta får dem att framstå som otillräckliga föräldrar och i vissa fall även farliga för sina barn. Studien är uppbyggd av semistrukturerade intervjuer med fäder vilka samtliga varit i tvist i tingsrätt och/eller hovrätt gällande barnets vårdnad, boende eller umgänge. Med innehållsanalys, socialkonstruktivism och en rättssociologisk ansats lyfts faktorer vilka kan påverka synen på rättstillämpning och rättssäkerhet utifrån bland annat normföreställningar. Dessa faktorer speglas ur fädernas berättelser. Studiens resultat visar att normföreställningar enligt informanterna kan påverka myndigheternas bemötande och bedömning. Studiens slutsats är att i det fall fädernas berättelser speglar verkligheten talar det för att det kan finnas brister i rättstillämpningen vid utredning och bedömning i fråga om vårdnad, boende och umgänge.