Child Protection under Swedish Law: Legal Duality and Uncertainty
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
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.
Child Protection, Legal approaches, UN Convention on the Rights of the Child, Child and Family Welfare, Therapeutic Jurisprudence
Barnskydd, Rättsliga frågeställningar, FN:s barnkonvention, Barn- och familjevälfärd, terapeutisk juridik
Law and Society
Research subject Legal Science
IdentifiersURN: urn:nbn:se:su:diva-87626DOI: 10.1080/13691457.2013.791249ISI: 000334059600005OAI: oai:DiVA.org:su-87626DiVA: diva2:605025
Svensk titel: Barnskydd i Sverige—rättsliga dilemman2013-02-122013-02-122016-04-22