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Implementing the Right to Access to Justice for Persons with PTSD in Swedish Asylum Proceedings

Rantzer, Malin LU (2019) LAGM01 20191
Faculty of Law
Department of Law
Abstract
By combining a legal doctrinal study and an empirical interview study, this thesis examines
the implementation of the right to access to justice under article 13 of the Convention on the
Rights of Persons with Disabilities for persons who due to post-traumatic stress syndrome
have difficulties accounting for their stories in asylum proceedings. The starting point is that
persons with PTSD likely will have more difficulties than others in presenting stories that will
be viewed as credible, and that this could be mitigated through full implementation of article
13 of the CRPD. The study accounts for what rights to procedural accommodations there are
for people with PTSD in Swedish asylum processes based on the CRPD and aims to answer
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By combining a legal doctrinal study and an empirical interview study, this thesis examines
the implementation of the right to access to justice under article 13 of the Convention on the
Rights of Persons with Disabilities for persons who due to post-traumatic stress syndrome
have difficulties accounting for their stories in asylum proceedings. The starting point is that
persons with PTSD likely will have more difficulties than others in presenting stories that will
be viewed as credible, and that this could be mitigated through full implementation of article
13 of the CRPD. The study accounts for what rights to procedural accommodations there are
for people with PTSD in Swedish asylum processes based on the CRPD and aims to answer
the question of how these rights are implemented in Swedish asylum processes today.
Previous research has described the scope of application for the CRPD, the obligation to
provide procedural accommodations to persons with PTSD in asylum proceedings, and
suggestions for implementing article 13. This thesis contributes by examining whether there is
need for a reform of how Swedish refugee status determination processes are conducted in
order for Sweden to comply with the CRPD. The study concludes that while some procedural
accommodations are performed, there is a lack of enough procedural accommodations being
provided consequently for persons with mental disabilities to be able to participate in asylum
proceedings on equal terms with others. To comply with the CRPD, Sweden needs to take
more legislative and other measures to ensure implementation, especially considering
providing training for professionals working with asylum proceedings, raising awareness of
the procedural rights persons with mental disabilities are entitled to under the CRPD. (Less)
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author
Rantzer, Malin LU
supervisor
organization
course
LAGM01 20191
year
type
H3 - Professional qualifications (4 Years - )
subject
keywords
public international law, human rights law, human rights, CRPD, Convention on the Rights of Persons with Disabilities, UNCRPD, PTSD, post-traumatic stress syndrome, trauma, access to justice, disability, disabilities, mental disabilities, procedural rights, procedural accommodations, Sweden, asylum
language
English
id
8978123
date added to LUP
2019-08-13 15:03:56
date last changed
2019-08-13 15:03:56
@misc{8978123,
  abstract     = {By combining a legal doctrinal study and an empirical interview study, this thesis examines
the implementation of the right to access to justice under article 13 of the Convention on the
Rights of Persons with Disabilities for persons who due to post-traumatic stress syndrome
have difficulties accounting for their stories in asylum proceedings. The starting point is that
persons with PTSD likely will have more difficulties than others in presenting stories that will
be viewed as credible, and that this could be mitigated through full implementation of article
13 of the CRPD. The study accounts for what rights to procedural accommodations there are
for people with PTSD in Swedish asylum processes based on the CRPD and aims to answer
the question of how these rights are implemented in Swedish asylum processes today.
Previous research has described the scope of application for the CRPD, the obligation to
provide procedural accommodations to persons with PTSD in asylum proceedings, and
suggestions for implementing article 13. This thesis contributes by examining whether there is
need for a reform of how Swedish refugee status determination processes are conducted in
order for Sweden to comply with the CRPD. The study concludes that while some procedural
accommodations are performed, there is a lack of enough procedural accommodations being
provided consequently for persons with mental disabilities to be able to participate in asylum
proceedings on equal terms with others. To comply with the CRPD, Sweden needs to take
more legislative and other measures to ensure implementation, especially considering
providing training for professionals working with asylum proceedings, raising awareness of
the procedural rights persons with mental disabilities are entitled to under the CRPD.},
  author       = {Rantzer, Malin},
  keyword      = {public international law,human rights law,human rights,CRPD,Convention on the Rights of Persons with Disabilities,UNCRPD,PTSD,post-traumatic stress syndrome,trauma,access to justice,disability,disabilities,mental disabilities,procedural rights,procedural accommodations,Sweden,asylum},
  language     = {eng},
  note         = {Student Paper},
  title        = {Implementing the Right to Access to Justice for Persons with PTSD in Swedish Asylum Proceedings},
  year         = {2019},
}