@misc{9227329,
  abstract     = {{Historically, the legal status of children has had limited visibility in the sense that children have primarily been regarded as part of family law and as subordinate to parental responsibility, rather than as independent legal subjects. In recent times, this approach has changed, not least due to the adoption of the convention on the Rights of the Child and its subsequent ratification in various countries, which has contributed to a strengthened legal position for the child.
The status of the convention on the rights of the child in Swedish law has developed from being binding under international law through Sweden´s ratification to also becoming Swedish law through its incorporation in 2020. In particular, Article 3 regarding the best interests of the child has thereby gained strengthened significance in legal practice and requires that the best interests of the child shall be a primary consideration in all actions concerning children.
The purpose of incorporating the Convention on the Rights of the Child has been to further increase the child-rights perspective within Swedish law. At the same time, the question arises as to whether Article 3 has in practice had an effective impact, or whether assessments of the best interests of the child are still primarily shaped by national considerations and established legal structures. Sweden has, after all, worked with a child-rights perspective long before the Convention was incorporated.
The study addresses whether courts’ decision-making is conducted in an effective manner in relation to the requirements of the Convention, particularly in assessments of what constitutes the best interests of the child. This includes an analysis of which circumstances are given weight in legal practice and how the balancing of the child’s interests against other legal interests is reasoned in court decisions. Has the Convention on the Rights of the Child gained an independent legal meaning within Swedish law? Or is its application dependent on national interpretative frameworks and provisions in order to have an impact in legal practice?}},
  author       = {{Al-Bayati, Abdullah}},
  language     = {{swe}},
  note         = {{Student Paper}},
  title        = {{Barnkonventionen i rättstillämpningen - Lever svenska domstolar upp till sina åtaganden?}},
  year         = {{2026}},
}