Family reunification for unaccompanied refugee minors is one of the most debatable issues when it comes to deciding whether it should be viewed as a right or it can be justifiable for states to completely prevent it and rather provide it only as a privilege. The discussion in the legal sphere proved that the issue is still problematic in both international and European laws. In this thesis, I have analyzed this issue through assessing the three claims that were provided by the United Kingdom for its negative position on the case. Through the lens of the child’s best interests’ principle, the non-discrimination principle, and the global distributive justice theory, I argued for considering family reunification as a right rather than a privilege. Children should always be treated as children. It cannot be justifiable for states to completely prevent them from being reunited with their families for being refugees.

Denna studies syfte är att beskriva socialsekreterares upplevelse av utredningsarbetet när en eller båda föräldrarna har en intellektuell funktionsnedsättning. För att svara på studiens syfte har vi intervjuat sex socialsekreterare som arbetar med och har erfarenhet av föräldrar med en intellektuell funktionsnedsättning. Studiens empiriska material bygger på en kvalitativ semistrukturerad intervjuform. Studiens insamlade datamaterial har analyserats med hjälp av tidigare forskning samt socialkonstruktionism och stigma som är studiens två teoretiska perspektiv. Resultatet är uppdelat i två huvudtema, vilka är Föräldraförmåga och Utredningsarbete. Huvudtema A har två underteman och huvudtema B har tre underteman. Studiens resultat visar att samtliga av de intervjuade socialsekreterarna upplever att barnets bästa är ett komplext begrepp, då varje barn är unikt med unika behov. Resultatet visar även att det kan finnas svårigheter för en förälder med en intellektuell funktionsnedsättning att tillgodose sitt barns behov, men att det inte är knutet till den intellektuella funktionsnedsättningen utan alla bedömningar måste göras individuellt. / The purpose of this study is to describe the social secretary's experience of investigation work when one or both parents have an intellectual disability. To answer the study's purpose, we interviewed six social secretaries who work with and have experience with parents with an intellectual disability. The empirical material of the study is based on a qualitative semi-structured interview form. The study's collected data has been analyzed using previous research on social constructionism and stigma, which provide the study's two theoretical perspectives. Result are divided into two main themes: parental ability and investigation work. Main theme A has two sub-themes and main theme B has three sub-themes. The study shows that all of the interviewed social secretaries feel that the child's best interests are a complex concept, since each child is unique with unique needs. It may be difficult for a parent with an intellectual disability to meet their child's needs, but that this is not directly linked to the intellectual disability, therefor all assessments must be made individually.

Compulsory care of a child is one of the most intrusive interventions that can be made in a child's life, but a protective task that social services have been obliged to carry out. In the case of compulsory care of a child, the social secretary is faced with a number of different difficulties and dilemmas that can be linked to coercion in LVU legislation and consideration of the child's best interests. The aim of this qualitative study is to investigate social workers, in social services' child and family investigation, experience of how the child's best interests are taken into account in LVU processes och what thoughts and ethical dilemmas arise for social workers in connection to the LVU process in the meetings with children and parents, and also how can this be understood in relation to their professional role. By using an interview based qualitative method, this study strives to reach a deeper understanding of social workers' experience of the subject matter. The results of this study shows that the experience of the child's best interests is a concept that social workers must constantly define and describe as situational, based on the child's situation. A common description of the child's best interests is that it is a concept that needs a definition and frame of reference, as the lack of a definition makes it more difficult for social workers to consider what is in the child's best interests. This study reaches the conclusion that social workers experience the LVU process to be harmful to the relationship between both children and parents, and parents and social services. Based on this, the social workers felt that it was a huge ethical dilemma to use LVU, as the implementation of the LVU law was both emotionally stressful and comes with its limitations. This despite knowing that LVU should function as a protection for the child and its best interests.

The study’s purpose was to investigate how Family Law appraises the Children´s Rights Conventions principle "the best interests of the child" when assessing visitation in cases with domestic violence, moreover, how the approaches can impact the children. Four family law caseworkers were interviewed through a combined interview and vignette study. The empiricism was analysed with a thematic analysis. Results indicated that the interviewees take the child's best interests into account by acknowledging their opinions. The results showed an inherent problem with a family-oriented stance in investigations. The child's relationship with parents is highly valued, which can be against the child's best interests. Ultimately, violence was seen as a serious risk factor in visitation proceedings, this contributes to negative consequences on the child. Despite that the Convention now is law, the results showed contradictions regarding what the best interest of the child is, therefore continued research is needed on the issue. / Syftet med studien var att undersöka familjerättens förhållningssätt till Barnkonventionens grundprincip om barnets bästa vid bedömningar av umgänge i ärenden där det förekommer våld i hemmet, samt vad förhållningssätten kan innebära för barnet. Fyra familjerättssekreterare intervjuades genom en kombinerad intervju- och vinjettstudie. Empirin analyserades med en tematisk analys. Studiens bärande resultat visade på att familjerättssekreterarna beaktar barnets bästa genom att låta barnet få komma till tals. Resultatet fann även ett inneboende problem med ett familjeorienterat synsätt i umgängesutredningar. Det framkom att barnets relation till båda föräldrarna värnas högt vilket kan strida mot barnets bästa. Slutligen fann studien att våld utgör en allvarlig riskfaktor i umgängesutredningar och bidrar till negativa konsekvenser för barnet. Trots att Barnkonventionen är lag påvisade resultatet motstridigheter om vad barnets bästa innebär, och därför behövs fortsatt forskning i frågan.

The legal comparison of alternative care of children in the Czech Republic and the Slovak Republic There is always present a group of children who cannot for various reasons grow up in their biological family. Obligation of the state in such cases is to ensure that children alternative care. The purpose of alternative care is to protect and nurture children in a safe healthy environment and provide suitable conditions for their healthy physical, intellectual, emotional and moral development. The objective of the thesis is to analyze and compare alternative care of children institute in the Czech and the Slovak Republic from the substantive and procedural point of view with intention to evaluate effectiveness of legal regulation, identify basic problems in the practical realization, outline the principles significant for the further development of alternative care and make proposals de lege ferenda. Focus is put on the analysis of differences in national regulations and their critical evaluation. The study takes into account relevant judicature with an emphasis on the reflection of the best interest of the child principle, right of the child to be heard and right to respect for private and family life in the decision-making practice of the courts. Legislation of the Czech and the Slovak Republic is...

The topic of this thesis is the denial of paternity - the interests of a child and its social and biological reality. The origin of this concept can be found in Roman law and its approach to the family. Although the institution of fatherhood is known since the ancient Rome, it is still a current topic. The aim of this thesis is to explain the topic of paternity denial from the child's point of view and its social and biological reality. Another topic mentioned is the paternity determination. "The mother is always certain" is a Roman-law principle, which founded the institution of parenthood. This principle and ascertained facts help to determine the paternity, which can be denied in the case of discrepancy of the ascertained facts. In the first chapter I am exploring the historical view of the parenthood - since the ages of Roman-law until the family law. The chapter begins with Roman-law conception of the family, which laid the foundations of today's understanding of family. Then I will outline the evolution of the examined topic using the Civil code and family law. In the second chapter I am evaluating the denial of paternity in cases when reasonable doubt of the correct law usage occurs. The third chapter is about proceedings dealing with the denial of paternity. The fourth chapter is the most...

<p>The purpose of this study was to examine how a selection of social welfare officers based on the principle of the best interest of the child construct a minimum level of the material standard in a home. Another purpose was to examine whether different units with varying socioeconomic prerequisites in the municipality of Stockholm construct this level differently.</p><p>The method used in this study was Sociology of Law and two focus groups were used for the gathering of the data. A social constructive theory, a class perspective using concepts of Bourdieu and a perspective of law were used to analyse the material of data.</p><p>The results showed that the courses of action varied from enactment and the policies of the municipality of Stockholm, unspecified theories of the development of children, the conception of what is normal and what children needs, the context in which they work, the development of the society and what they estimate that children needs when attending school. The results also showed a difference between the two units concerning the minimum level of the material standard in a home</p>

The purpose of this study was to examine how a selection of social welfare officers based on the principle of the best interest of the child construct a minimum level of the material standard in a home. Another purpose was to examine whether different units with varying socioeconomic prerequisites in the municipality of Stockholm construct this level differently. The method used in this study was Sociology of Law and two focus groups were used for the gathering of the data. A social constructive theory, a class perspective using concepts of Bourdieu and a perspective of law were used to analyse the material of data. The results showed that the courses of action varied from enactment and the policies of the municipality of Stockholm, unspecified theories of the development of children, the conception of what is normal and what children needs, the context in which they work, the development of the society and what they estimate that children needs when attending school. The results also showed a difference between the two units concerning the minimum level of the material standard in a home

Author: Martina Holgersson och Pranvera VishajSupervisor: Matts MosessonTitle: “A study about how Social Services understand and put child perspective into practice”The purpose of this study is to describe and understand how the child perspective is perceived and put into practice by the Social Services. Our questions were: “How is the child perspective perceived by the Social Services?” and “In what way is the child perspective put into practice in the Social Services’ work?” Our approach to knowledge is based on the hermeneutic tradition of knowledge. The essay rests upon semi-structured interviews with ten Social Services’ workers. We have analysed our results from the theory of actions where we have applied analytical ideas; the five P’s and actor and objective perspective. Our main findings in the study were; the Social Services’ workers regarded the child perspective as a complex and hard to define concept. Furthermore, the Social Services’ workers considered to think the fundamental apprehension of the child perspective; is children’s well-fare and protection from abuse. From which angle they choose to see the child perspective; the child’s, the parents or the professionals vary. The Social Services’ workers experienced the children were being implicated in the work. The reports are written from both angels, children and parents point of view. A special interest and importance from the Social Services’ workers were children being involved through-out the inquiry process as at decision-making. The child perspective doesn’t have to be crucial at a settlement. Based on our findings and our theory we can draw the conclusion that the scope the Social Services’ workers have in their work can influence how the child perspective is perceived and carried out and how it should be applied.

The aim of this study was to analyse how Swedish courts reason about the child's best in custody and access disputes. We have assumed different themes to analyse our empirical data, these themes were the child's best interests, perspective on the child's best interests, child's perspective, children as subjects or objects and finally the right of the child or the child's best interests. Our empirical data have consisted of 15 City Court and Court of Appeal judgments of the Swedish courts handed down in 2015. The study had a qualitative disposition and the selection was made strategically to make sure the empirical data would be relevant to our issues. We have used a discourse analysis where the intention was to study how the court reason about the child’s interests and what statements that gets preference and what gets excluded in the assessment. Our theoretical starting point was extracted from Foucault’s theory about power and his discourse concept. We have used the concept of his theory in our analysis, but also extracted the theoretical concepts from previous research. The result shows that the Court's assessment of what is in the child’s best interest is based primarily on a professional and adult perspective on the child's situation. The individual child's perspective was excluded and the Court was principally talking about children's needs and interests in general. The result also showed that children were seen as objects and not as participants in the majority of the cases.