The thesis concerns two pathways for legal intervention in cases of suspected child abuse at the hands of parents. One pathway is based on social law, where society's utmost tool is child protective custody. The other pathway is criminal law, where the abuse is investigated and enforced as a criminal offence. Sometimes only one of these pathways becomes relevant, sometimes both. The purpose of the thesis is to examine and analyse the regulatory framework and its practical application, and to highlight what the two pathways of intervention can accomplish in relation to the child victim's rights and interests. In the case of child abuse, the (legal) relationship between parents and children - and between children, parents and society - is brought to a head. The study demonstrates that many complex legal issues arise when the person subjecting the child to violence and abuse is the same person who under family law answers for the child's protection, care and representation. It is inter alia noted that the concept "best interests of the child" is interpreted somewhat freely, which can risk overriding the legal rights of the child victim. It is concluded that, in order to secure the child victim's legal protection, the regulation needs many small enhancements, each tailored to the problem conditions.
| Identifer | oai:union.ndltd.org:UPSALLA1/oai:DiVA.org:umu-68837 |
| Date | January 2013 |
| Creators | Forsman, Maria |
| Publisher | Umeå universitet, Juridiska institutionen, Stockholm |
| Source Sets | DiVA Archive at Upsalla University |
| Language | Swedish |
| Detected Language | English |
| Type | Doctoral thesis, monograph, info:eu-repo/semantics/doctoralThesis, text |
| Format | application/pdf |
| Rights | info:eu-repo/semantics/openAccess |
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