Asylsökande barn i kläm mellan myndigheter.: Om omhändertagna asylsökande barns skydd och rättigheter i Sverige.
Independent thesis Advanced level (degree of Master (One Year)), 10 credits / 15 HE creditsStudent thesis
The purpose of this thesis is to find out how the Swedish authorities comply with international law by studying the protection of asylum-seeking children that are apprehended by Swedish authorities according to the legislation of LVU because of abuse or neglect and thereafter are deported together with their parents. The aim of this thesis is to find out if Swedish legislation and praxis is consistent with international law through the Convention on the Rights of the Child and EKMR. Would it be possible to increase the protection of these children through incorporating the Convention on the Rights of the Child in Swedish law, through a wider interpretation of the principle of non-refoulement or through more morality in the law? The thesis has been conducted as a literature study where the right-dogmatic method has been used to compare Swedish and international law. The theories by Dworkin about morality and law have been compared to Peczeniks right-dogmatic theories.
The review shows that Swedish authorities are infringing article 2, 3, 12 and 19 of the Convention on the Rights of the Child, when it comes to the protection of asylum-seeking children. The best way to increase the protection is to incorporate the Convention on the Rights of the Child in Swedish law. By interpreting the principle of Non-refoulement in a wider manner the protection will also increase. However, the use of more morality in the judgements will not ensure the asylum-seeking children a reliable protection.
Keywords: Asylum-seeking children, LVU, Convention on the Rights of the Child, EKMR, Non-refoulement, Dworkin, Peczenik.
Place, publisher, year, edition, pages
Asylsökande barn, LVU, Barnkonventionen, EKMR, Non-refoulement, Dworkin, Peczenik
IdentifiersURN: urn:nbn:se:uu:diva-253722OAI: oai:DiVA.org:uu-253722DiVA: diva2:815798
Subject / course
Master Programme in Human Rights
Sjöholm, Maria, doktor
Namli, Elena, professor