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Children takes into care by the social services against the parents' will, child care agencies take children into care with the support of the law (LVU). Children are cared for on the basis of section 2§ LVU which occurs due to misconduct in the home, for example violence and abuse, deficiencies in care or other conditions in the home. There is another reason which can lead to children being taken from their parents and it is their own behavior “behavior case” with the support of § 3 LVU. Parents' right to respect for private and family life granted by the article 8 in the European Convention on Human Rights is restricted when children takes into care by social services.  The same article also states the right to have custody of one's child and the right for parents and children to have contact. The protection of private and family life is not an absolute right and can be restricted by law. The main purpose of the thesis is to study how the care of children with the support of §§ 2, 3 LVU relates to the right to protection of private and family life according to Article 8 of the European Convention. Another purpose of the thesis is to analyze the Convention on the Rights of the Child in Swedish law after it has become law. Articles 3 and 12 of the Convention on the Rights of the Child state that States Parties to the Convention shall take into account the best interests of the child in all matters and decisions affecting the children and that they shall have the opportunity to express their views on matters affecting them. The questions in the essay are answered using a legal dogmatic method.

The aim of this study was to examine whether children’s rights in deciding on compulsory care (LVU) could be fulfilled by prevailing Swedish legislation, taking into account the principle of the childs best interest. The focus of the study was to explore how the principle of the best interest of the child is considered in decisions on compulsory care. This was done by examining the child’s right to be heard during the court process and if the childs opinions and will is taken into account when deciding on LVU. I used a legal dogmatic method to analyze the U.N. convention of the rights of the child (article 3 and article 12) as well as the Swedish law sections LVU, SoL and FB. This study was based on a case study with eight compulsory care cases settled in the Swedish ”Kammarrätt”. All reviewed cases were in accordance to 2 § LVU and the age criteria for the children was between ten to fourteen years old. The result has given an insight in the different ways a child is heared during court process, some children got to express their opinions themselves and some children ́s opinions were expressed through their representative or the social welfare board ́s investigation. The children ́s opinion and their will was noted to a degree in most cases,while in some cases the children ́s opionions and will (especially siblings) was contradictory, the court had to base their judgments on what was considered to be the best interests of the child.