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Ensamkommande barn i asylprocessen
University College Stockholm, Department of Human Rights and Democracy.
2023 (Swedish)Independent thesis Basic level (degree of Bachelor), 10 credits / 15 HE creditsStudent thesisAlternative title
Unaccompanied children in the asylum process (English)
Abstract [en]

The Convention on the Rights of the Child was incorporated into Swedish legislation in 2020 to strengthen the child's best interests and perspective in areas such as asylum law (UNICEFSweden, 2020a). The purpose of this essay is to examine how the individual asylum grounds of unaccompanied children are handled in the asylum process and in what way the child's best interests are actually considered in the asylum process before and after the incorporation of the Convention on the Rights of the Child. This essay will answer the following question:How has the application of the best interests of the child according to Article 3 in asylum cases for unaccompanied children changed before and after the incorporation of the Convention on the Rights of the Child into Swedish law based on the theory of the best interests of the child as an open concept? Through a qualitative content analysis of judgments, changes and deficiencies in the protection of the rights of unaccompanied children are identified. The study examines how the courts take into account the best interests of the childbased on Schiratzki's (2005) legal theory of the best interests of the child as an open concept.The results of the study have shown that before incorporation, the judgments extensively consider the best interests of the child according to Article 3 of the Convention on the Rights of the Child by highlighting potential consequences upon return. However, after incorporation, the migration court fails in considering the best interests of the child. This is because the concept of 'the best interests of the child' is comprehensive, and the court does not assess this from a holistic perspective, which is important for a fair assessment according to Schiratzki (2005).

Place, publisher, year, edition, pages
2023. , p. 37
Keywords [en]
Unaccompanied children in asylum cases, Convention on the Rights of the Child, incorporation, best interests of the child, children in the asylum process
Keywords [sv]
Ensamkommande barn i asylärenden; barnkonventionen; inkorporering; barnets bästa; barn i asylprocessen
National Category
Social Sciences
Identifiers
URN: urn:nbn:se:ths:diva-2258OAI: oai:DiVA.org:ths-2258DiVA, id: diva2:1843406
Subject / course
Human Rights
Educational program
Bachelor’s Programme in Human Rights
Supervisors
Examiners
Available from: 2024-03-14 Created: 2024-03-10 Last updated: 2024-03-14Bibliographically approved

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CiteExportLink to record
Permanent link

Direct link
Cite
Citation style
  • apa
  • harvard-theologisches-seminar-adelshofen
  • sodertorns-hogskola-harvard
  • oxford-university-press-humsoc
  • Other style
More styles
Language
  • de-DE
  • en-GB
  • en-US
  • fi-FI
  • nn-NO
  • nn-NB
  • sv-SE
  • Other locale
More languages
Output format
  • html
  • text
  • asciidoc
  • rtf