Är fotboja vägen till barnets bästa? Barns rättigheter i tingsrättens utdömande av ungdomsövervakning.
(2024) RÄSK02 20241Department of Sociology of Law
- Abstract (Swedish)
- The purpose of this essay is to find out how the Swedish district court relates to children’s rights when sentencing young offenders to the new penalty called youth surveillance. Since the Convention on the Rights of the Child is a part of the Swedish law, there was an interest to examine whether law in books actually is implemented in law in action regarding the penalty of youth surveillance.
The penalty is intended to fill the gap found in the law of penalties for young offenders. Due to the criticism that the United Nations has given to Sweden regarding the repressive direction the criminal policy in Sweden is heading towards, the hypothesis for this research was formed. The hypothesis was that the Swedish District Court takes the... (More) - The purpose of this essay is to find out how the Swedish district court relates to children’s rights when sentencing young offenders to the new penalty called youth surveillance. Since the Convention on the Rights of the Child is a part of the Swedish law, there was an interest to examine whether law in books actually is implemented in law in action regarding the penalty of youth surveillance.
The penalty is intended to fill the gap found in the law of penalties for young offenders. Due to the criticism that the United Nations has given to Sweden regarding the repressive direction the criminal policy in Sweden is heading towards, the hypothesis for this research was formed. The hypothesis was that the Swedish District Court takes the sentencing value into account more than the rights of children.
The chosen method of this research is quantitative, and was carried out with a deductive approach. By using predetermined indicators it was possible to convert 104 court orders into statistics. The result indicates that the hypothesis was correct. This may be the result of the lack of a law of implementation of the Convention on the Rights of the Child. If there is a conflict between the convention and other laws, there is no law saying that the convention should be implemented over the other laws. Therefore the legislator should make changes to the law that enable the court to take the opinion of the social service into account. (Less)
Please use this url to cite or link to this publication:
http://lup.lub.lu.se/student-papers/record/9170640
- author
- Wolke Wemmert, Leia LU and Roos, Emelie
- supervisor
- organization
- course
- RÄSK02 20241
- year
- 2024
- type
- M2 - Bachelor Degree
- subject
- keywords
- Rights of the Children, youth surveillance, youth penalty, District Court.
- language
- Swedish
- id
- 9170640
- date added to LUP
- 2024-08-09 10:31:47
- date last changed
- 2024-08-09 10:31:47
@misc{9170640,
abstract = {{The purpose of this essay is to find out how the Swedish district court relates to children’s rights when sentencing young offenders to the new penalty called youth surveillance. Since the Convention on the Rights of the Child is a part of the Swedish law, there was an interest to examine whether law in books actually is implemented in law in action regarding the penalty of youth surveillance.
The penalty is intended to fill the gap found in the law of penalties for young offenders. Due to the criticism that the United Nations has given to Sweden regarding the repressive direction the criminal policy in Sweden is heading towards, the hypothesis for this research was formed. The hypothesis was that the Swedish District Court takes the sentencing value into account more than the rights of children.
The chosen method of this research is quantitative, and was carried out with a deductive approach. By using predetermined indicators it was possible to convert 104 court orders into statistics. The result indicates that the hypothesis was correct. This may be the result of the lack of a law of implementation of the Convention on the Rights of the Child. If there is a conflict between the convention and other laws, there is no law saying that the convention should be implemented over the other laws. Therefore the legislator should make changes to the law that enable the court to take the opinion of the social service into account.}},
author = {{Wolke Wemmert, Leia and Roos, Emelie}},
language = {{swe}},
note = {{Student Paper}},
title = {{Är fotboja vägen till barnets bästa? Barns rättigheter i tingsrättens utdömande av ungdomsövervakning.}},
year = {{2024}},
}