@misc{9228007,
  abstract     = {{Physical interventions have since 2022 been explicitly permitted as a disciplinary measure under Chapter 5, Section 6 of the Education Act (2010:800). The authority had before this developed through case law. Despite this change in the law, some of the school staff have expressed uncertainty about how to apply it. This thesis aims to investigate to what extent this uncertainty comes from unclear wording in the legal rule, which is done by using a legal dogmatic method. Furthermore, the thesis asks what requirements can be placed on legal rules so they can be considered to have a legal certainty. This question is answered by using Åke Frändberg’s theory of legal certainty based on predictability. 
Disciplinary measures are primarily based on the duty of care for children, where the school is responsible for the children's safety and security. This duty also means that staff cannot always avoid intervening. All school staff have the authority to take immediate and temporary measures to ensure safety and a calm study environment. Specifically, physical interventions may be used to prevent violence, harassment, and other disruptions. However, an intervention must be in proportion to its purpose and other circumstances. This means, among other things, that less severe measures must always be used first. Certain actions that are punishing by nature, or fall under the legal definition of assault, can never be allowed as a disciplinary measure.
The conclusion drawn in the discussion is that there are certain flaws in how the authority is formulated, which makes it less predictable, especially regarding the assessment of proportionality. At the same time, there are other clear limits for what is allowed. Overall, the conclusion is that the authority, despite its flaws, should not be seen as so unpredictable that it becomes unacceptable.}},
  author       = {{Högberg, Viktor}},
  language     = {{swe}},
  note         = {{Student Paper}},
  title        = {{Förutsebara fysiska ingripanden? En analys av 5 kap. 6 § skollagen utifrån ett rättssäkerhetsperspektiv}},
  year         = {{2026}},
}