@misc{9226576,
  abstract     = {{Sweden carries out active efforts to prevent men’s violence against women and domestic violence. In this context, migrant women are identified as a vulnerable group both nationally and internationally. In Sweden, there is a provision intended to protect women who are subjected to violence by their sponsoring partner. This provision enables protection by allowing women to remain in Sweden and be granted an independent residence permit, despite the relationship, and thus the basis for the residence permit, having ended. However, the requirements for such a permit are set high when the interest in protection conflicts with the interest in controlled immigration. The provision is set to protect, but gaps in the law raise questions as to whether this protection is effective, legally certain, and accessible in practice.
The purpose of the thesis is to examine the protection that abused migrants may obtain through this provision. In particular, it investigates whether its application is compatible with requirements of legal certainty and effectiveness. Furthermore, it aims to examine whether the application complies with international obligations to prevent and combat violence against women, namely the positive obligations set out in the European Convention on Human Rights, CEDAW, and the Istanbul Convention. The research questions are answered through a combination of legal dogmatic and legal analytical methods. The legal dogmatic method is used to describe the applicable law, for example the requirements set out in the provision and how they are applied. The legal analytical method is applied to enable a critical approach and to evaluate the law. In addressing the research questions, material primarily from generally accepted legal sources has been used, namely statutory provisions, preparatory works, case law, and doctrine. In addition, materials such as agency publications and both international and national official publications have been referenced. The research questions are answered through a continuous critical analysis.
The thesis shows that the application of the provision imposes requirements that are not fully compatible with theories of legal certainty and effectiveness. Requirements on the duration of the relationship, violence or abuse, and the time of separation are characterized by a wide margin of interpretation and a lack of predictability. High thresholds motivated by controlled immigration result in an already vulnerable group having reduced access to protection. Furthermore, it is shown that the application of the provision is only partially compatible with Sweden’s positive obligations under CEDAW and the Istanbul Convention. CEDAW imposes requirements for effective protection without discrimination, while the Istanbul Convention requires accessible and non-segregating protection against violence. Through the application of the provision and the high requirements imposed, it is in its current form not fully compatible with CEDAW or the Istanbul Convention. For a country at the forefront, change is required.}},
  author       = {{Blohm, Clara}},
  language     = {{swe}},
  note         = {{Student Paper}},
  title        = {{Ett skydd i teorin men inte i praktiken? - En kritisk analys av tillämpningen av skyddsregeln i 5 kap. 16 § utlänningslagen}},
  year         = {{2026}},
}