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Barnets religionsfrihet – en villkorad rättighet? : En filosofisk undersökning utifrån FN:s barnkonventionKlasson Sundin, Maria January 2016 (has links)
This dissertation uses philosophical tools to examine the child’s right to freedom of religion within the context of the United Nations Convention on the Rights of the Child (CRC) and other international human rights instruments. Article 14 of the CRC establishes the right of the child to freedom of thought, conscience and religion. It also establishes the right of the child's parents to guide and support the child in its exercise of the right to freedom of religion, while adjusting this support according to the child's evolving capacities. The emphasis of the study is on how to understand the child as, on the one hand, agent and subject in the exercise of this right and, on the other, dependent on parental support and guidance. For this purpose, the theoretical underpinnings of the child’s right to freedom of religion are examined with a particular focus on the conceptualization of this right in relation to children. With the text of the CRC as a starting point, different theories on rights, autonomy and religion are analyzed in order to find those compatible with both aspects of Article 14: the child as agent and the child as dependent. Theories that demand fully developed cognitive abilities in order to be a moral agent and a rights holder are rejected, as are theories in which the parents are the sole decision-makers on the basis of their own view of what is in the child's interests. In the same way, conceptions of religion in purely cognitive terms, or not taking into account dimensions of practice and observance accessible to children, are rejected. The conclusion drawn from the analysis is that relational conceptualizations of rights and autonomy and multi-dimensional conceptualizations of religion are best served to include both aspects of the child's right to freedom of religion. In viewing all humans, adults and children alike, as both active agents and vulnerably dependent on others, these conceptualizations challenge traditional views on rights and autonomy, and modern views of religion. In the final chapter, aspects of these relational conceptions are put together into a relational, mutuality-oriented model of the child's right to freedom of religion.
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"Man måste göra det bästa av situationen" : Skolgång för barn som vistas i Sverige utan tillståndLundell, Emelie January 2019 (has links)
In Sweden, children residing in the country without a permit has had access to schooling since 2013. Yet, only a few people have taken the time to do research on the topic and evaluate the policy change that gave these children right to attend elementary and upper secondary school. This essay adopts an administrative politics-perspective to evaluate their schooling based on a goal-fulfilment criterion. The goals are then used as a reference with which to compare the real policy effects. To gather information about the policy effects, six interviews were performed with centrally given actors within Uppsala municipality, Sweden. The first goal of reference in this thesis is presented in Swedish school law and government bill; all children shall have access to basic schooling. The second goal of reference is that these children’s education should be equivalent to that of other children in the country. This means that they have should have access to the school resources necessary for them to fully participate in their education. Generally, one can see that the achievement of these goals is questionable in Uppsala municipality. This result can also be generalised to a nation-level, with the help of the Swedish School Inspectorate, and thus demonstrating that the issues with the goal fulfilment in Uppsala municipality is strongly dependent on the lack of effective nationally stipulated measures and strategies.
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Att fly väpnad konflikt : Om kompletterande skydd och rätten till ett värdigt liv / Fleeing armed conflict : On complementary protection and the right to a dignified lifeLindered, Susanne January 2018 (has links)
Armed conflicts of our time tend to be prolonged, characterised by indiscriminate violence and the direct targeting of civilians. These conflicts cause situations where civilians are not only at risk of being exposed to threats of direct violence, but also unbearable humanitarian situations, a form of indirect harm resulting from armed violence. Current protection regimes only address direct harm to civilians, which leaves a significant protection gap. Previous research has identified a possibility for recognising severe humanitarian conditions as a basis for international protection in recent human rights law developments. This thesis explores if the right to a dignified life can further address this form of indirect harm to civilians and create assessment criteria for providing international protection to persons fleeing severe humanitarian conditions caused by armed conflict. The right to a dignified life is constructed from theories on human dignity as a basis for human rights, as well as case law from the Inter-American Court of Human Rights and the European Court of Human Rights. The results show that the right to a dignified life is able to provide criteria for assessing the severity of a humanitarian situation and establish a threshold for triggering international protection, but several legal difficulties remain for its practical application. / Dagens väpnade konflikter tenderar att vara utdragna och komplexa. De karaktäriseras ofta av urskillningslöst våld och våld riktat mot civila. Väpnade konflikter i vår tid har orsakat svåra humanitära situationer, som innebär att civila inte endast riskerar att utsättas för skada till följd direkt våld, utan även en form av indirekt skada till följd av våld. Nuvarande skydd för den som flyr väpnad konflikt omfattar endast den som riskerar skada som en direkt följd av väpnat våld. Detta innebär att det finns en lucka i existerande skydd som behöver adresseras. Tidigare forskning har identifierat en möjlighet att inkludera även personer som riskerar att utsättas för skyddsgrundande behandling på grund av humanitära situationer i den senaste utvecklingen i regionala människorättsdomstolar. Denna uppsats undersöker huruvida rätten till ett värdigt liv kan adressera allvarlig skada som en indirekt följd av väpnad konflikt och skapa kriterier för när en humanitär situation ska omfattas av internationellt skydd. Rätten till ett värdigt liv konstrueras med hjälp av teorier om mänsklig värdighet samt praxis från Inter-Amerikanska domstolen för mänskliga rättigheter och Europadomstolen för mänskliga rättigheter. Resultatet visar att rätten till ett värdigt liv kan erbjuda kriterier för att bedöma allvaret hos en humanitär situation och aktivera internationella skyddsmekanismer, men finner att det kvarstår juridiska svårigheter för att applicera i verkliga fall.
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Rätt till utbildning : En kartläggning av funktionshinderperspektiv vid upphandling av SFI utbildning / Right to education : A survey of disability perspectives in the procurement of SFI educationLagerblad, Isabelle January 2019 (has links)
The purpose of this essay is to investigate whether the Swedish municipalities apply the UN Convention on the rights of Persons with Disabilities and article number 24 regarding right to education when purchasing Swedish education for immigrants. One aim is to identify whether legislation, policies and rights of people with disabilities occur in different procurement documents. The study furthermore investigates if the right to education connects to the concept of social sustainability and Agenda 2030 for sustainable development and if that shows in the reviewed documents. This qualitative study maps and compares contents of different documents, descriptions of legislation, policies and concepts concerning rights of persons with disabilities. General comment No. 4 regarding right to inclusive education supports the work and analysis. The result finds that some rights of persons with disabilities occur in the different documents but to a different extent between the municipalities. Human Rights are not widely described and the Convention not mentioned, which could hinder to fulfill the obligation. The concept of social sustainability exists in the documents but does not always constitute the same purpose as described by the Swedish authority for public purchasing.
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Asylrättens innebörd i internationell rätt / The meaning of the right to asylum in international lawSahlin Karlsson, Rebecca January 2019 (has links)
En av de mest politiskt omdebatterade frågorna i världen idag är hur ett land ska ställa sig till de migranter och människor på flykt som söker skydd inom landets gränser. Även inom juridiken finns olika uppfattningar av vad rätten till asyl verkligen innebär. Syftet med den här uppsatsen är att analysera rätten till asyl i internationell rätt. Är rätten till asyl en territoriell rätt för stater att bevilja asyl? Är det en rätt för flyktingar att söka asyl? Eller en rätt för flyktingar att erhålla asyl? Huruvida rätten har statusen sedvanerätt diskuteras också. I en del av uppsatsen diskuteras de etiska övervägandena bakom rätten till asyl och de tillämpas sedan i en juridisk kontext, närmare bestämt i sedvanebedömningen. Slutsatsen är att rätten till asyl i internationell rätt inkluderar en rätt för stater att bevilja asyl, en rätt för individer att söka asyl och sannolikt också en rätt för flyktingar att erhålla asyl. Mycket talar för att alla dessa aspekter också har utvecklats till sedvanerätt. / One of the most politically debated questions in the world today is how a country should respond to migrants and people who seek refugee within it’s borders. Also in the field of law there are different view about what the right of asylum really means. The purpose of this paper is to analyze the right of asylum in international law. Is the right of asylum a territorial right of states to grant asylum? Is it a right for refugees to seek asylum? Or a right for refugees to receive asylum? Wheater or not the right has the status of customary international law will also be discussed. In one part of the paper the ethical concerns behind the right of asylum will be examined and also applied in a legal context, in the determination of the customary status of the rigt. The conclusion is that the right of asylum in international law includes a territorial right for states to grant asylum, a right for individuals to seek asylum and probably also a right to obtain asylum. All these aspects of the right also seems to be part of customary international law.
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Kreativa lösningar : En kvalitativ undersökning om att polisanmäla hedersrelaterat våld mot barn inom socialtjänstenNilsson, Stina, Stenhammar, Indra January 2009 (has links)
<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>
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Att ställa den skyddsbehövande inför rätta : Om de rättsliga förutsättningarna för att förhindra skyddslöshet vid tillämpningen av Flyktingkonventionens uteslutandeklausuler och samtidigt motverka straffrihet för de grova folkrättsbrott som faller under klausulernas artikel 1F(a)Lundborg, Ida January 2010 (has links)
<p>The purpose of this study has been to investigate the prospects for identifying and prosecuting individuals suspected of war crimes, within the process of exclusion from refugee status under article 1F(a) of the 1951 Refugee Convention, and using subsequent mechanisms for extradition or prosecution in international criminal law. A number of principles within human rights law and public international law have been advocated by the UNCHR and several human rights NGOs as necessary for a thorough application of the exclusion clauses; one that takes individual responsibility into account and upholds the aims and purposes of the exclusion clauses. There is a discussion as to whether specialised or accelerated exclusion procedures are justified for reasons of security and efficiency, or if they put the rights of the individual at risk and limit the opportunities for gathering information to support investigation and prosecution of the crime in question. Apart from the instruments of asylum law and procedure that have emerged within the EU harmonisation process, there are no general, binding rules on the procedural aspects of the exclusion clauses. One principle that regulates the consequences for the individual of exclusion from refugee status and decisions on extradition is, however, the principle of <em>non-refoulement</em>. Although partly contested in state practice, there is widespread consensus in international jurisprudence and doctrine that the principle, following its status as a <em>jus cogens</em> rule, prohibits every state from returning any individual to a territory where he or she may face torture or other cruel and inhuman treatment or punishment, irrespective of any security risks that the individual may pose to the custodial state.</p><p>Extradition or prosecution of individuals suspected of crimes under article 1F(a), based on universal jurisdiction and the principle of <em>aut dedere aut judicare</em>, has gained increased support from international conventions, such as the 1948 Convention on Genocide and the Rome Statute of the International Criminal Court. The principles are widely upheld by human rights NGOs, and tendencies in practice and policy among the member states of the EU and the parties to the Rome Statute point towards the development of a customary rule of universal jurisdiction among these states. Continuing resistance to the Rome Statute and to universal jurisdiction among influential states such as the USA, Russia, China and India nevertheless serves to exclude these states from being bound by such an emerging customary rule of universal jurisdiction. There are compelling arguments as to why breaches of <em>jus cogens</em>-rules should include or give rise to <em>erga omnes</em> rights or obligations for all states to exercise universal jurisdiction over such breaches. Without the support of major states it is, however, difficult to establish the existence of the general state acceptance of universal jurisdiction as is required for the principle to attain <em>jus cogens</em>-status and become universally applicable, regardless of state consent. Future prospects for adequate and efficient identification and prosecution of suspected war criminals depend on the correct and thorough application of the exclusion clauses, in combination with the development of existing rules of universal jurisdiction, and not least on the willingness and ability of states to overcome the political, economic and institutional obstacles that presently may prevent many states from extraditing or prosecuting individuals who fall within the scope of article 1F(a) of the exclusion clauses.</p>
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Women's Human Rights : Issues of Implementation in Sri LankaVega Leyton, Birgitta January 2006 (has links)
<p>This thesis is about issues concerning the implementation of women's human rights in Sri Lanka.</p><p>Sri Lanka has had a conflict between the Government and the Liberation Tigers of Tamil Ealam, LTTE for two decades. Since 2002 there has been a ceasefire agreement in place, which is being violated by both parties. Before being abandoned in 2003, one woman was present during the peace talks that were held.</p><p>In this paper I present the results of my field research conducted in Sri Lanka in November and December of 2005. The aim was to find out how women were active in the peace process since it is stipulated in international conventions that they have a right to participation. During the interviews with women activists it became evident that women were not involved in the official peace process. Therefore the thesis is about women’s human rights in Sri Lanka and the obstacles for their implementation.</p><p>Two main reasons for the lack of implementation of women’s human rights in Sri Lanka are identified. Firstly, for reasons of culture and patriarchal structures, there is a general lack of implementation internationally of women’s human rights. Secondly, the unresolved conflict situation in Sri Lanka, which reflects the unequal power relations between men and women that existed prior to the conflict. The lack of implementation of women’s human rights in Sri Lanka results in women not being present in the political life and they are therefore not part of the official peace process.</p><p>International conventions such as the Convention on the Elimination of Discrimination Against Women, CEDAW and the UN Security Council Resolution 1325 on peace and security are addressed in the thesis in order to examine women’s human rights and their right to participation in politics and peace building.</p><p>Finally, I conclude that in order to include women in the official peace negotiations women need to actively participate in politics. The method presented to ensure such participation is that of affirmative action. It is a measure that falls under the category of temporary measures, which is suggested in CEDAW article 4.1.</p>
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Kreativa lösningar : En kvalitativ undersökning om att polisanmäla hedersrelaterat våld mot barn inom socialtjänstenNilsson, Stina, Stenhammar, Indra January 2009 (has links)
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.
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Women's Human Rights : Issues of Implementation in Sri LankaVega Leyton, Birgitta January 2006 (has links)
This thesis is about issues concerning the implementation of women's human rights in Sri Lanka. Sri Lanka has had a conflict between the Government and the Liberation Tigers of Tamil Ealam, LTTE for two decades. Since 2002 there has been a ceasefire agreement in place, which is being violated by both parties. Before being abandoned in 2003, one woman was present during the peace talks that were held. In this paper I present the results of my field research conducted in Sri Lanka in November and December of 2005. The aim was to find out how women were active in the peace process since it is stipulated in international conventions that they have a right to participation. During the interviews with women activists it became evident that women were not involved in the official peace process. Therefore the thesis is about women’s human rights in Sri Lanka and the obstacles for their implementation. Two main reasons for the lack of implementation of women’s human rights in Sri Lanka are identified. Firstly, for reasons of culture and patriarchal structures, there is a general lack of implementation internationally of women’s human rights. Secondly, the unresolved conflict situation in Sri Lanka, which reflects the unequal power relations between men and women that existed prior to the conflict. The lack of implementation of women’s human rights in Sri Lanka results in women not being present in the political life and they are therefore not part of the official peace process. International conventions such as the Convention on the Elimination of Discrimination Against Women, CEDAW and the UN Security Council Resolution 1325 on peace and security are addressed in the thesis in order to examine women’s human rights and their right to participation in politics and peace building. Finally, I conclude that in order to include women in the official peace negotiations women need to actively participate in politics. The method presented to ensure such participation is that of affirmative action. It is a measure that falls under the category of temporary measures, which is suggested in CEDAW article 4.1.
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