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Barns rätt till deltagande. Hur barns rätt till delaktighet skildras i vårdnadstvister i domstol.

Linderoth, Hanna LU and Vernberg, Tove LU (2021) RÄSK02 20211
Department of Sociology of Law
Abstract
The aim of this study is to examine children's participation within custody disputes and
evaluate if the incorporation of the Convention on the Rights of the Child into Swedish
legislation had an impact on district court cases concerning custody disputes, with a
solitary focus on article 12. The study will primarily examine if the incorporation, as
expected by the government, had an effect on children’s participation in court and if so,
in what way is it portrayed. Further on, the study aims to outline the enforcement of
article 12 of Convention on the Rights of the Child. The study is based on district court
cases concerning custody disputes from 2019 and 2020. Through a qualitative content
analysis of the court cases we were able... (More)
The aim of this study is to examine children's participation within custody disputes and
evaluate if the incorporation of the Convention on the Rights of the Child into Swedish
legislation had an impact on district court cases concerning custody disputes, with a
solitary focus on article 12. The study will primarily examine if the incorporation, as
expected by the government, had an effect on children’s participation in court and if so,
in what way is it portrayed. Further on, the study aims to outline the enforcement of
article 12 of Convention on the Rights of the Child. The study is based on district court
cases concerning custody disputes from 2019 and 2020. Through a qualitative content
analysis of the court cases we were able to emphasize the impacts of the incorporation
of article 12 of the Convention on the Rights of the Child and further shed light on the
prevailing problems with article 12. The results indicate that the incorporation has not
had a significant impact on custody disputes cases, both in child’s participation and the
enforcement. The analysed district court cases confirm that the interpretation of when a
child is old and mature enough to participate in court differ. This study discusses causes
that can give an explanation for the result and concludes with new insights and
questions regarding children’s participation in court and the enforcement of article 12
of the Convention on the Rights of the Child (Less)
Please use this url to cite or link to this publication:
author
Linderoth, Hanna LU and Vernberg, Tove LU
supervisor
organization
course
RÄSK02 20211
year
type
M2 - Bachelor Degree
subject
keywords
Artikel 12, barn, barnkonvention, barnperspektiv, Convention on the rights of the child, FN:s barnkonvention, vårdnadstvist
language
Swedish
id
9058033
date added to LUP
2021-07-07 12:43:58
date last changed
2021-07-07 12:43:58
@misc{9058033,
  abstract     = {{The aim of this study is to examine children's participation within custody disputes and
evaluate if the incorporation of the Convention on the Rights of the Child into Swedish
legislation had an impact on district court cases concerning custody disputes, with a
solitary focus on article 12. The study will primarily examine if the incorporation, as
expected by the government, had an effect on children’s participation in court and if so,
in what way is it portrayed. Further on, the study aims to outline the enforcement of
article 12 of Convention on the Rights of the Child. The study is based on district court
cases concerning custody disputes from 2019 and 2020. Through a qualitative content
analysis of the court cases we were able to emphasize the impacts of the incorporation
of article 12 of the Convention on the Rights of the Child and further shed light on the
prevailing problems with article 12. The results indicate that the incorporation has not
had a significant impact on custody disputes cases, both in child’s participation and the
enforcement. The analysed district court cases confirm that the interpretation of when a
child is old and mature enough to participate in court differ. This study discusses causes
that can give an explanation for the result and concludes with new insights and
questions regarding children’s participation in court and the enforcement of article 12
of the Convention on the Rights of the Child}},
  author       = {{Linderoth, Hanna and Vernberg, Tove}},
  language     = {{swe}},
  note         = {{Student Paper}},
  title        = {{Barns rätt till deltagande. Hur barns rätt till delaktighet skildras i vårdnadstvister i domstol.}},
  year         = {{2021}},
}