No description available.

No description available.

No description available.

More than 650 million women in the world have entered marriage as children. Every year, about 12 million girls get married before their 18th birthday. Getting married as a child is common in several different parts of the world and a large part of the people who have come to Sweden in recent years come from countries where child marriage is allowed. This has meant that some of the children who have come to Sweden are married. The Swedish legal system has thus had to take a position on both areas of law as well as legal conditions that deviate from the Swedish ones in important respects. The question of international private law regarding how Sweden should relate to these legal relations entered into in foreign states has thus become increasingly relevant. Child marriage is often linked to oppression and violence against women, and over time, Swedish legislation has taken an increasingly restrictive approach to both Swedish child marriage and child marriage entered into abroad. Today, the Swedish assessment is harsh – The Supreme Administrative Court confirmed in the case HFD 2012 ref 17 that not even foreign child marriages entered into a few days before the parties’ 18th birthday are recognized in Sweden. The attitude to foreign child marriage is certainly based on a desire to protect the child and protect its best interest, but the attitude has received criticism as it has been considered contrary to both the free movement of the EU and the right to respect for private and family life in the European Convention. Even from an international private law perspective, it is clarified by the principle of loyal application that Sweden and other countries must respect the legal systems of other states in their application of law. A decision made in accordance with the legal system in another country shall thus apply in Sweden, provided that it was valid in the country where it was entered into. This essay examines the international private law issue of Sweden’s attitude to foreign child marriage from an EU law and convention law perspective. The conclusions drawn are that it is doubtful whether the Swedish regulation in this area is compatible with Sweden’s international commitments. / Mer än 650 miljoner kvinnor i världen har ingått äktenskap som barn. Varje år gifter sig därmed ungefär 12 miljoner flickor före sin 18-årsdag. Att gifta sig som barn är vanligt i flera olika världsdelar och en stor del av de personer som kommit till Sverige de senaste åren kommer från länder där barnäktenskap är tillåtet. Det här har inneburit att en del av de barn som kommit till Sverige är gifta. Det svenska rättssystemet har därmed behövt ta ställning till såväl rättsområden som rättsförhållanden som i viktiga avseende avviker från de svenska. Den internationellt privat- och processrättsliga frågan om hur Sverige ska förhålla sig till dessa rättsförhållanden som ingåtts i främmande stater har därmed blivit aktuell i allt större utsträckning. Barnäktenskap kopplas ofta till förtryck samt våld mot kvinnor och med tiden har Sveriges lagstiftning intagit ett allt mer restriktivt förhållningssätt till såväl svenska barnäktenskap som barnäktenskap som ingåtts utomlands. Idag är den svenska bedömningen hård – Högsta förvaltningsdomstolen bekräftade i målet HFD 2012 ref 17 att inte ens utländska barnäktenskap som ingåtts några dagar före parternas 18-årsdag erkänns i Sverige. Den svenska inställningen till utländska barnäktenskap grundar sig förvisso i en önskan om att skydda barnet och värna om dess bästa, men inställningen har emellertid fått motta kritik då den ansetts strida mot såväl EU-rättens fria rörlighet som rätten till respekt för privat- och familjeliv i Europakonventionen. Även ur ett internationellt privat- och processrättsligt perspektiv tydliggörs det genom den lojala tillämpningens princip att Sverige samt övriga länder ska respektera andra staters rättsordningar i sin rättstillämpning. Ett beslut som fattats enligt ett annat lands rättsordning ska därmed gälla även i Sverige, förutsatt att det var giltigt i det land där det ingåtts. Uppsatsen granskar den internationellt privat- och processrättsliga frågan om Sveriges inställning till utländska barnäktenskap ur ett EU-rättsligt samt konventionsrättsligt perspektiv. De slutsatser som dras är att det är tveksamt om den svenska regleringen på området är förenlig med Sveriges internationella åtaganden.

No description available.

This thesis aims to answer the questions; what and were does peer mediation fit into the theoretical and practical frameworks of mediation? How does peer mediation fit into the retributive legal system as it stands today? What problems can arise with the use of peer mediation, its organizations and with the use of adolescent peer mediators, in a legal perspective? When it comes to the question of where peer mediation has its theoretical framework the hypothesis in this thesis are that peer mediation, with respect to the practical framework, is a hybrid of the settlement driven mediation and the transformative mediation. The theoretical framework comes from the philosophy of restorative justice (RJ), primarily the victim-offender mediation in the sense that if peer mediation per se is not enough it has to bee a whole school approach for it to work. In RJ, the community is as important as the primarily parties, the offender and the offended. In school conflicts, the community is the whole school, and as such it has to bee the whole school that is involved in the conflict management program. The method used in this thesis is the traditional method of jurisprudence combined with two case studies. The first case study is the "Peer mediations Project" that in fact was the starting point for the research. The aim with this case study is too show how peer mediation can work in Sweden, both on an organizational and a practical level. In doing so it also highlights which legal questions that is relevant for this thesis. The second case study is the "Spice conflict". This case study aims to make researcher go deeper in the legal issues as well as to illuminate a school conflict and how it can progress. The fist chapter gives a background for peer mediation and the focus of this thesis, as well as the first contact with the two case studies. Chapter two gives a legal background for the thesis. Chapter three deals with conflict theory and chapter four with schools conflicts and the different programs there is to handle those conflicts. In chapter five the different mediations models are presented more in depth and discussed from at mediation perspective. Chapter six goes deeper into the second case study in an effort to resolve the legal issues that has arisen. In the last chapter there is a discussion which originates from the five Nordic principles of mediation, facilitative, peaceably, freely, confidently and restoratively, in conjunction whit mediation, conflict and legal theory.

No description available.

No description available.

There is a high attrition rates in domestic violence against women cases, meaning that several cases drop out of the criminal justice system at various stages. To ensure a strong case in court the procurator must consider the evidence which has to hold its merit regardless of the difficulties in gathering evidence, given the dynamics and complexities of domestic violence. Sweden was one of the first countries to criminalize domestic violence aimed towards women. The structure of the offence is also unique in that it involves several separate criminalized acts being assessed together as a single entity. Yet there has been a decline in both number of reported intimate partner violence offences and the number of convictions in cases of gross violation of a woman’s integrity. According to a report from the Swedish National Council for Crime Prevention, the decline was neither due to a reduction in actual levels of intimate partner violence nor a change in reporting propensities for intimate partner violence among women. The possible contributory explanations given in the report was that the declining, in the reported and cleared offences, was linked to a trend towards a more rigorous evidentiary requirements in court. Theories from juridical doctrine suggested that this can be explained by how case law from the Supreme Court has been in interpreted by the lower courts. Following a statement by the Supreme Court in NJA 2005 p. 712, there has been several interpretations in juridical doctrine, some which state that a plaintiff’s statement in court is no longer sufficient on its own for it must have corroborative evidence to reach the evidentiary requirement. Later caselaw such as NJA 2009 s.447 I & II and NJA 2017 s.316 has been suggested to mean that not only is there a requirement of corroborating evidence, but also a demand of higher prevalence of corroborating evidence to support the victim’s narrative in court. If true, it would impose a threat to legal principles and the free evaluation of evidence. Thus, the purpose of the thesis was to investigate whether there was a higher requirement for corroborative evidence for cases of gross violation of women's rights in current law, in its actual sense and study how a higher prerequisite can affect the judge's evaluation of evidence. This study found that there was a trend towards safer prosecutions as the conviction rate for prosecuted offences, in relation to cases that ends up in court, has increased over time. Also, the number of corroborating evidence in the indictment has increased over the years. This was interpreted as being the result of an adaption to increased requirements for corroborating evidence in cases of gross violation of a woman’s integrity. However, there was also findings that suggest that the term corroborative evidence lacks a collective definition and appears to be uncertain at best. In addition, there was a lack of thoroughness in the opinion of the verdicts rendering it difficult to verify whether the legal assessor had in fact been objective and rational in the evaluation of evidence. Although there was no discovery of a general requirement of corroborative evidence in the District Courts, the study found that some individual judges would render a plaintiff's statement not sufficient if there was no further corroborative evidence to support the statement. There are undoubtedly several reasons why a higher requirement for corroborative evidence has arisen. One reason was how the District Courts and prosecutors have interpreted the ruling of NJA 2009 s.447 I & II and NJA 2017 s.316 Supreme Court´s case law. The other is a conceptual confusion on how to rule a plaintiff to be credible and reliable is causing a problem in how the evidence is being structured and evaluated. To provide a more objective and rational evaluation of evidence, the Supreme court ought to make new case law defining the meaning of corroborative evidence. Otherwise, basic legal principles are of risk to be diminished.

No description available.