Legal status of a minor in civil proceedings The diploma thesis describes different stages and types of civil proceedings in their relation to the legal position of a minor (person under the age of 18). Legal position of a minor is assessed mainly in relation to his mental capacity and to the procedural rights to which the minor is entitled. The thesis approaches all of the civil proceedings from the point of view of a minor and points out all proceedings in which the minor can find himself to be a witness or a party. The main focus is given to the proceedings governed by the Act no. 292/2013 Coll., Code on Special Court Proceedings. A detailed description of the proceedings regarding interim relief, the court proceedings itself as well as the execution of a court decision is given. Furthermore, the implementation of the UN Convention on the Rights of the Child into the Czech civil proceedings was assessed. The main focus of this assessment was given to the best interest principle and to the child's right to be heard in matters directly affecting him. Each proceeding is also analysed from the point of the public authorities and other parties involved. In particular, the thesis assessed the position of the court (judge), of the child care services and the legal guardians of the minor. The main goal of the...

Doctor Legum - LLD / South Africa

Syftet med denna studie var att undersöka hur lärare upplever att undervisningen bedrivs gällande barnkonventionen samt om undervisningen har förändrats till följd av att barnkonventionen blivit lag. Syftet med studien var också att undersöka hur lärare och elevers kännedom är gällande barnkonventionen. En kombination av datainsamlingsmetoder användes, intervjuer med både lärare och elever samt enkätundersökning bland lärare. Fyra lärare och åtta elever deltog i intervjuerna och 82 lärare deltog i enkätundersökningen. Resultatet av studien visar på att eleverna har kännedom om att barnkonventionen finns men kunskapen gällande innehållet varierar bland eleverna. Lärarnas kännedom om barnkonventionen är god och resultatet visar på att majoriteten av lärarna som deltagit i föreliggande studie upplever att de arbetar med barnkonventionen dagligen i och med skolans värdegrund. Själva undervisningen om barnkonventionen sker i samband med FN-dagen eller barnkonventionens dag. Lärarna som deltagit i studien menar att undervisningen inte förändrats i och med lagstadgande av konventionen. Resultatet av studien visar på att en stor majoritet av de lärare som deltagit i föreliggande studie upplever att de inte erbjudits varken information eller vidareutbildning gällande barnkonventionen under deras verksamma år. En majoritet av de deltagande lärarna menar även på att kunskap om barnkonventionen inte ingick i deras lärarutbildning. / The purpose of this study was to examine how teachers experience that the teaching is conducted regarding the Convention on the Rights of the Child, CRC, and whether it has changed as a result of the CRC becoming law. The purpose of the study was also to investigate how teachers and pupils' knowledge is about the CRC. A mix of methods was used, interviews with both teachers and pupils as well as survey among teachers. Four teachers and eight pupils participated in the interviews and 82 teachers participated in the survey. The study comes to the conclusion that the pupils are aware about of the CRC but the knowledge about the content varies among the pupils. The teachers' knowledge of the CRC is good and the result shows that the majority of teachers who participated in the present study feel that they work with the CRC on a daily basis because of the school's values. The actual teaching of the CRC takes place in conjunction with “FN-dagen” or “barnkonventionens dag”. The teachers who participated in the study do not experience that the teaching has changed as a result of the CRC becoming law. The results of the study show that a vast majority of the teachers who participated in the present study feel that they lacks further education or information regarding the CRC. A majority of the participating teachers have also stated that knowledge of the CRC was not included in their teacher education.

This study has a two-fold purpose; to examine the conceptions of newly qualified preschool teachers concerning preschool teaching and children’s right to participation, as well as their conceptions of professional implications of the legislation of the Convention on the Rights of the Child (CRC) in January 2020. A lack of professional competence regarding CRC has been noticed in Sweden by the Committee on the Rights of the Child and the Swedish government has both published strategies to strengthen the rights of the child and introduced further training concerning CRC to preschool teachers. Previous research shows that preschool teaching is a complex phenomenon, but a number of didactics has been developed to adapt the concept of teaching to preschool context. A study about research in education about human rights (EHR) shows that EHR tend to focus primarily on participation and agency in early childhood education, whereas other areas such as children’s awareness about their own rights and respect towards the rights seem to be connected to primary school. The study’s theoretical framework is phenomenography and concerns qualitatively different ways to experience different phenomenon in the surrounding world, in this case the conceptions of newly qualified preschool teachers. For this purpose, data was collected in a total of ten semi-structured interviews; nine of them via telephone and sound recorded for later transcription, and one through writing. A phenomenographic analysis of the data collection resulted in a total of six categories of description based on the conceptions referential meaning and limitation towards the context and other conceptions.  The categories in the first part, relating to conceptions about the relation between teaching and participation are: Participation as a base for preschool education, Participation through experience-based teaching and The child’s awareness about its right to Participation by reflection. The qualitative differences resided in the level of didactic perception and reasoning about participation. The categories in the second part, relating to conceptions about one’s own didactic competence regarding CRC as well as professional implications of the legislation of the CRC, are: The need for didactic competence regarding the CRC; The mission to actualize the CRC and The need to reflect upon contradictions.  The following conclusions are drawn: participation can be viewed from a preschool didactics perspective in order for the child to develop its participation as well as an awareness about its right to participation; further didactic discussions in relation to education about CRC are needed in both preschool teacher education and preschools in order to actualize CRC in a preschool context. There is also a need for discussions about the implications of the legislation of CRC in relation to individual preschools.

Sedan barnkonventionen blev lag i Sverige år 2020 ska barnens rättigheter i samhälletstärkas, vilket omfattas inom den fysiska planeringen. Denna uppsats ämnar till att undersökahur barnperspektivet hanteras inom kommuner, för att skapa en tydligare bild harNorrköpings och Motalas kommun användas för analys. Kvalitativa intervjuer medrepresentanter har genomförts och ska tillsammans med dokumentgranskning av kommunalaplaner stå till grund för jämförelse av kommunernas arbete med barnperspektivet. Resultatethar visat att barnkonventionen till viss del har stärkt barnens rättigheter inom den kommunalaplaneringen, men också att olika aspekter så som resursbrist och målkonflikter bidrar till attperspektivet inte helt inkluderas inom planeringen, utan i många fall bortprioriteras. Dettasker trots att retoriken kring barnperspektivet visar sig vara stark, då kommunerna själva ochdess representanter beskriver barnperspektivet som viktigt. Tydligare riktlinjer, mallar ochändrade prioriteringar behövs för att helt implementera barnperspektivet. / Since the Convention on the Rights of the Child became law in Sweden in 2020, the rights ofchildren have been strengthened, including in spatial planning. This essay will examine howthe child perspective is handled, the municipalities of Norrköping and Motala have been usedfor in depth analysis. Qualitative interviews with representatives have been conducted, andtogether with documents of municipal plans, they have formed the basis for comparing themunicipalities' working methods. The results have shown that the Convention has to someextent strengthened children's rights, but also aspects such as lack of resources and conflictsof goals contribute to the perspective being deprioritized. This is despite the fact that therhetoric is strong, as the municipalities and their representatives describe it as important.Clearer guidelines and changed priorities are needed to implement the children's rights.

The purpose of this study is to investigate how social workers experience children's participation in childcare investigations, and whether the work has been affected since the Convention on the Rights of the Child was enacted. The study is based on a qualitative method and has been conducted through five semi-structured interviews with social workers. The data have been processed using a thematic analysis, thereafter the empirical material has been analyzed based on KASAM, the concept of power, Shier's Pathways to Participation model and previous research. Our results show that there is a lack of a uniform view of how children's participation should be attended to in practice. Furthermore, a lack of resources and the children's age and level of maturity appeared as factors that could reduce children's opportunities for participation. At last, the results indicate that the statutory provision of the Convention on the Rights of the Child had a minimal impact on the social worker’s daily work. In only a few cases it seems to have contributed to more frequent discussions about the convention.

The aim of this thesis is to examine how the UN Convention on the Rights of the Child is incorporated in theplans for equal treatment in Swedish preschools. The four main principles in the convention, including articles2, 3, 6 and 12 make the lens through which the analysis is conducted. Article 2 is about each child’s right toenjoy the rights of the convention without discrimination of any kind, whilst article 3 states that the best interestof the child shall always be the primary consideration. Article 6 ensures every child the right to life, survival anddevelopment whilst article 12 is about every child's right to be heard and the views of the child being given dueweight in accordance with the age and maturity.43 different plans for equal treatment make up the studies' empirical data and they are analysed through ahermeneutic approach. The result shows a clear overrepresentation of articles 2 and 12 in the data, which isconsistent with the contents of the regulatory documents for Swedish preschool. Article 3 is nearly absent fromthe plans, while article 6 is featured only in regard to the right to development.

Abstract    Title        School counsellors work with children and youths who are exposed to honor-related violence and oppression, in relation to the Convention on the Rights of the Child- A qualitative study.   Authors          Elinor Arnaout and Julia Johansson   Honor-related violence and oppression (HrvaO) is a phenomenon that has received increasing attention in the media, among others. This is especially so after the case of Fadime, who in 2002 was murdered by his father as a result of violating his family's code of honor. The starting point in HrvaO is that women's sexuality is something that must be controlled in order to preserve the family's honor (Länsstyrelsen, 2018). In an interview study, the aim was to investigate what tools and knowledge school counsellors perceive they have to work with HrvaO among high school students. Furthermore, the purpose was to investigate how the parties identify the vulnerability among the students. In addition, the authors have examined how the school counsellors work with HrvaO mainly in relation to the Convention on the Rights of the Child. It imposes requirements on all relevant professionals, including counsellors, taking into account the best interests of the child in all decisions taken with a view to protecting the child. Consequently, it was of interest to examine whether school counselors’ work with HrvaO has changed since the Convention on the Rights of the Child became law in Sweden in 2020.   The results of the study have shown that the Convention on the Rights of the Child has not made it easier for the counsellors, which they explain is due to the fact that the Convention on the Rights of the Child does not provide any practical application in the work with vulnerable students. Furthermore, the study has shown that the school counsellors have tools for working with students who are exposed to HrvaO in the form of conversation methodology, contact with social services, honor-groups and relationship building. The conclusion is that HrvaO is a complex subject that needs to be researched to a greater extent in order to promote the professional's acquisition of knowledge. This is especially apparent when various dilemmas arise in the workplace where the professional experiences difficulties in prioritizing "the right solution". Keywords  Honor-related violence and oppression, school counsellors, Convention on the rights of the child, work methods.

The UN committee on CRC have criticized Sweden on many occasions for differences in relation to implementation of the CRC at municipal level. Studies notes that there’s existing challenges to realize the convention. This thesis studies the implementation process which is also a part of the policy process in two Swedish municipalities where the local government has come to a decision to implement the CRC in governing documents and include the CRC in all decision concerning children and young people up to eighteen years old. The chosen municipalities in the study differ in area, number of population and number of employees. The thesis purpose is to increase the understanding of how the implementation of the CRC in two Swedish municipalities works, and what strategy uses for the implementation of CRC. The purpose is also to identify similarities and differences in the municipalities way to achieve a full implementation according to Löpa linan ut-modell, and to investigate whether the official’s power and capacity for action have an impact on the implementation process. The theoretical framework has been based on theories of implementation process, and the finding have been compiled qualitative text analysis. The study shows how far the municipalities have come with the implementation of CRC, why they have come so far, how much work they have left to do to achieve a full implementation, and finally the studie finds the power of official’s and their capacity for action have an impact of the implementations progress and success in both municipalities.

The United Nations' Convention on the rights of the child presents a legislative framework that nations worldwide through their ratification have promised to aim for. Going from theory to practice this field study intends to investigate how the work to implement the children’s rights is carried out in reality by social institutions in Somoto Nicaragua. This essay specifically looks at how a children’s rights approach is performed in the work with working children and will therefore focus on two rights that protrude as relevant to the target group; the right to education and the right to be protected from hazardous work and economic exploitation. Furthermore, this paper considers existent criticism towards the human rights conventions for being Eurocentric in its visions and not always applicable to local conditions. Therefore the perception of working children locally in Nicaragua is examined to see how well this is in accordance with the legislation on children’s rights or if the social institutions have met difficulties in the implementation. Fundamental in the work carried out by the social institutions has been to raise awareness in the society on the children’s rights. The conclusion is that attitudes to working children have gone through a change since the introduction of a children’s rights approach in Somoto, but what remains the major obstacle to implementation is the restricted access to economic resources.