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Rättsliga ingripanden vid föräldrars våld och övergrepp mot barn
Umeå University, Faculty of Social Sciences, Department of Law.
2013 (Swedish)Doctoral thesis, monograph (Other academic)Alternative title
Legal Interventions for Child Abuse Victims (English)
Abstract [en]

The thesis concerns two pathways for legal intervention in cases of suspected child abuse at the hands of parents. One pathway is based on social law, where society's utmost tool is child protective custody. The other pathway is criminal law, where the abuse is investigated and enforced as a criminal offence. Sometimes only one of these pathways becomes relevant, sometimes both.

The purpose of the thesis is to examine and analyse the regulatory framework and its practical application, and to highlight what the two pathways of intervention can accomplish in relation to the child victim's rights and interests. In the case of child abuse, the (legal) relationship between parents and children - and between children, parents and society - is brought to a head. The study demonstrates that many complex legal issues arise when the person subjecting the child to violence and abuse is the same person who under family law answers for the child's protection, care and representation. It is inter alia noted that the concept "best interests of the child" is interpreted somewhat freely, which can risk overriding the legal rights of the child victim. It is concluded that, in order to secure the child victim's legal protection, the regulation needs many small enhancements, each tailored to the problem conditions.

Place, publisher, year, edition, pages
Stockholm: Norstedts Juridik AB, 2013. , 646 p.
Keyword [en]
child abuse, domestic violence, children's rights, victim's rights, victimology, child protection, child protective custody, social law, criminal law, redress, crimes against children, parental violence, legal interventions
National Category
Law
Research subject
offentlig rätt; straffrätt
Identifiers
URN: urn:nbn:se:umu:diva-68837ISBN: 978-913901727-1OAI: oai:DiVA.org:umu-68837DiVA: diva2:618107
Public defence
2013-05-31, Samhällsvetarhuset, hörsal D, Umeå universitet, Umeå, 10:15 (Swedish)
Opponent
Supervisors
Available from: 2013-05-03 Created: 2013-04-25 Last updated: 2016-12-06Bibliographically approved

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Forsman, Maria
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