Change search
ReferencesLink to record
Permanent link

Direct link
Child Protection under Swedish Law: Legal Duality and Uncertainty
Stockholm University, Faculty of Law, Department of Law, Stockholm Centre for the Rights of the Child.
2013 (English)In: European Journal of Social Work, ISSN 1369-1457, E-ISSN 1468-2664, Vol. 17, no 2, 206-220 p.Article in journal (Refereed) Published
Abstract [en]

Society’s responsibility to protect children from harm as prescribed by the UN Child Convention raises complex questions about the fundamental rights of both children and parents, as well as when and how authorities are to intervene in order to protect children from maltreatment. Many child protection systems around the world attract considerable criticism, due in part to how the law responds to child protection matters. This article examines the Swedish child protection system from a critical legal perspective with the ideas conveyed within Therapeutic Jurisprudence as a theoretical starting point. The aim is to describe and analyze the legal challenges and dilemmas that meet this system. A legal ambiguity about when and how responsible authorities are to intervene, leading to significant uncertainty for both children and parents, is identified. Furthermore, the strong focus by Swedish authorities on voluntary measures to resolve child protection matters can lead to vulnerable children not receiving the protection to which they are entitled. Certain of the challenges and dilemmas described here are specific to the Swedish system due to its legal context and family support approach. However, other aspects resonate across legal systems and therefore may be of a more general interest.

Place, publisher, year, edition, pages
2013. Vol. 17, no 2, 206-220 p.
Keyword [en]
Child Protection, Legal approaches, UN Convention on the Rights of the Child, Child and Family Welfare, Therapeutic Jurisprudence
Keyword [sv]
Barnskydd, Rättsliga frågeställningar, FN:s barnkonvention, Barn- och familjevälfärd, terapeutisk juridik
National Category
Law and Society
Research subject
Legal Science
URN: urn:nbn:se:su:diva-87626DOI: 10.1080/13691457.2013.791249ISI: 000334059600005OAI: diva2:605025


Svensk titel: Barnskydd i Sverige—rättsliga dilemman

Available from: 2013-02-12 Created: 2013-02-12 Last updated: 2016-04-22

Open Access in DiVA

No full text

Other links

Publisher's full text

Search in DiVA

By author/editor
Leviner, Pernilla
By organisation
Stockholm Centre for the Rights of the Child
In the same journal
European Journal of Social Work
Law and Society

Search outside of DiVA

GoogleGoogle Scholar
The number of downloads is the sum of all downloads of full texts. It may include eg previous versions that are now no longer available

Altmetric score

Total: 240 hits
ReferencesLink to record
Permanent link

Direct link