The Swedish government has an equality goal that men´s violence against women must stop, the government has also signed several international obligations to eliminate discrimination and violence against women. The number of people that moves to Sweden due to family ties is steadily increasing and research has shown that foreign born women have an increased risk of being exposed to male partner violence. How the question about violence against women with temporary residence permit is handled in the alien law has been criticised by women’s organisations and in a government inquiry for being oppressive towards women. The aim in this thesis is to examine how the alien law is applied in the practical work and since the Migration Court generally is the final instance that decides in cases regarding continued residence permit, 16 judgments from the Migration Court are analysed. The aim is to examine how violence against women with temporary residence permit is handled by the Migration Court, which discourses about violence and immigrant women that can be identified in the judgements and how this relate to the gender equality goal to eliminate violence against women. To analyse the judgements discourse analysis is used, to analyse how the law is applied a dogmatic approach and a critical perspective is also partly used. The analysis of the judgments suggest that the interpretation of the alien law is more generous than the legislator might has intended, however the assessments in the judgements varies, especially the question of the duration of the cohabitation. The consequence is that the interpretation of the alien law is unpredictable. Findings also suggest that a woman´s credibility is dependent on that she has made the violence probable. Two discourses are identified “the seeking help discourse” that shows that a lot of responsibility is placed on the individual woman to seek help and protection. And “the discourse of the invisibility of the violence” which points to that if the woman has any other reasons to be granted a residence permit, the Migration Court in many cases fail to discuss or even mention the claimed violence or violation, which creates a notion about what the Court values. It can be stated from this study that how the Migration Court handles the question about men´s violence against women is not compatible to national obligations and to that Swedish government gender equality goal about ending men´s violence against women.
| Identifer | oai:union.ndltd.org:UPSALLA1/oai:DiVA.org:umu-150598 |
| Date | January 2017 |
| Creators | Svensson, Linnéa |
| Publisher | Umeå universitet, Juridiska institutionen, Umeå universitet, Juridiskt forum |
| Source Sets | DiVA Archive at Upsalla University |
| Language | English |
| 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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