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  • 1.
    Friberg, Amanda
    et al.
    Karlstad University, Faculty of Arts and Social Sciences (starting 2013), Karlstad Business School.
    Danho, Marta
    Karlstad University, Faculty of Arts and Social Sciences (starting 2013), Karlstad Business School.
    Barnets bästa och barnets rättigheter i vårdnadstvister: ”Se mig, hör mig!”2017Independent thesis Basic level (degree of Bachelor), 10 credits / 15 HE creditsStudent thesis
    Abstract [en]

    Children lack legal capacity and cannot therefore speak for their rights. It becomes the legislature's task of protecting and defending children's rights in custody disputes where the parents' conflict has a tendency to come first. The UN Convention on the Rights of the Child (the Child Convention) sets out the rights of children to be considered in custody disputes, and the essay focuses mainly on Article 3 and 12 of the Convention. The right for children to get their best out of all the actions that concern themselves is stated in Article 3 and is also prescribed in the Swedish Parental law. The best interests of the child constitute both a material right and a principle. In order for the child's best to be considered as a principle, the children's rights in the Convention must be met in custody disputes to achieve a  perspective of children. The essay explains what the right and the principle of the best interests of the child means in custody disputes and the importance of the best interests of the child cannot only originate from an adult perspective.Children's right to express their views on all matters concerning to themselves comes from Article 12 of the Child Convention and forms part of the principle of the best interests of the child. In order to achieve a child perspective in custody disputes, with an understanding of the child's own experiences, children need to have the possibility of expressing their attitude. The essay explores the possibilities of children to come to terms in custody disputes and whether there are differences for children of different ages. From a legal sociological perspective, the essay addresses whether the rights of children are implemented in court and in the social welfare committee, through an analysis of cases where the outcome is compared with an interview with family law social workers. The analysis consists of questioning the reasoning and assessment of the court and the importance of the child's will.Incorporation of the Child Convention will bring sharper requirements for the consideration of children's rights and lead to new legislation being introduced in Swedish law. The essay examines whether the incorporation will strengthen the child rights perspective and the child's legal status in custody disputes, regardless of their age.

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    Barnets bästa och barnets rättigheter i vårdnadstvister
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