Recent changes and amendments have been made in the Swedish Aliens Act (2005:716), regarding the possibility of a permanent residence permit. These rules are regulated in Ch. 5 sec. 7 para. 1 and in Ch. 5 sec. 8 para. 2 in the Swedish Aliens Act. These amendments were made in the light of the modern society, dealing with the problem of migrant offenders in Sweden, only a couple of years after the Convention on the Rights of the Child was incorporated into Swedish law. Nonetheless, these rules have been criticized by various legislative bodies and human rights organizations. Hence, the special requirements that apply according to these conducted provisions in the Aliens Act raise questions about the child perspective in these rules. The purpose of this thesis is to identify the premises on which these rules rest, and the consideration taken of the child being a child, the child perspective, in these rules and how they relate to Sweden’s international commitments, mainly the United Nations Convention on the Rights of the Child. The purpose includes identifying and highlighting problems with the legislation and the need for changes in the Swedish law. The conclusion drawn is that the studied provisions are not compatible with the statements made by the Committee on the Rights of the Child regarding the interpretation of the Convention, and that the legislation needs to be changed for Sweden to live up to the international obligations in the Convention on the Rights of the Child, so that these rules are reasonably legally secure and non-discriminatory. Furthermore, the conclusion is that the child in the studied provisions is not constructed as a child in need of protection, but rather as an adult being punished – as “a person”– an unwanted one – a ‘persona non grata’.
| Identifer | oai:union.ndltd.org:UPSALLA1/oai:DiVA.org:uu-475621 |
| Date | January 2022 |
| Creators | Monemi, Sara |
| Publisher | Uppsala universitet, Teologiska institutionen |
| 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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