Abstract The law with special provisions on the care of young people (SFS 1990: 52) (LVU) regulates a possible way out for the social service to compulsorily act to protect children and young people who in different ways are disadvantaged. When an intervention is made in accordance with this law, high legal security requirements are set for each child in each unique case. The purpose of this essay is to analyze whether the administrative law highlights the rights of the children and the best interests of the child in a legal process regarding. This is done through an analysis of administrative law judgments. The study also includes an examination of how the administrative law chooses to take the best interest of the child into account when making a decision. The results of the study show that, in the majority of cases, administrative law emphasizes the importance of the best interests of the child coming to the forefront and the rights of the child to be fulfilled. It also emerges that the child's age and maturity are of great importance for how the administrative law views the credibility of the child's story. If the child has been able to maintain his story over time, it also appears to be something that the administrative law takes into account in the decision-making process. Whether a child is to be represented in the legal process is clear in guidelines and conventions, but how the child's story is taken into account seems ambiguous. How the children should be considered in a legal process seems obvious in theory, but through the course of the study, the reality has turned out to be different. Although the child's perspective and the best interests of the child are described as important, in some cases the administrative law is considered to have a poor child perspective.
| Identifer | oai:union.ndltd.org:UPSALLA1/oai:DiVA.org:hj-49686 |
| Date | January 2020 |
| Creators | Cota, Ivona, Högberg, Alize |
| Publisher | Hälsohögskolan, Jönköping University, HHJ, Avd. för socialt arbete, Hälsohögskolan, Jönköping University, HHJ, Avd. för socialt arbete |
| Source Sets | DiVA Archive at Upsalla University |
| Language | Swedish |
| Detected Language | English |
| Type | Student thesis, info:eu-repo/semantics/bachelorThesis, text |
| Format | application/pdf |
| Rights | info:eu-repo/semantics/openAccess |
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