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2 Horyzonty Wychowania

2 Nordlöf K.

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The Dignity of Children Deprived of Liberty and Suspected of Committing Crimes

100%

Nordlöf K.

Horyzonty Wychowania

2020

tom 19

nr 50

59-75

RESEARCH OBJECTIVE: In this article the research objectives are the rights of children deprived of liberty and suspected of having committed crimes in international and regional agreements as well as in Swedish legislations and intended to preserve the child’s dignity. THE RESEARCH PROBLEM AND METHODS: The method applied to study their dignity is, on one hand, in the context of international and regional agreements; on the other hand, in the context of Swedish legislations, which are relevant to these children. THE PROCESS OF ARGUMENTATION: The argument is whether in Sweden children under the age of 15 years deprived of liberty and suspected of having committed crimes are treated in a manner consistent with promoting the child’s sense of dignity during the investigation of the crime. These children are of particular interest as they are more vulnerable than adults in the same situation; the spirit of dignity should therefore be more explicitly expressed for them. RESEARCH RESULTS: The research result confirms that dignity is fundamental for the rights of children as expressed in the studied international and regional agreements and, more specifically, in the CRC Articles 37 and 40. CONCLUSIONS, INNOVATIONS, AND RECOMMENDATIONS: Swedish legislations still need improvements to preserve the dignity of children, particularly regarding the rights of children under the age of 15 deprived of liberty and suspected of having committed crimes.

The Autonomy of the Family as an Obstacle in Preventing and Identifying Assault of Children

100%

Nordlöf K.

Horyzonty Wychowania

2017

tom 16

nr 37

45-58

RESEARCH OBJECTIVE: The purpose of this article is to investigate whether the protection of the child has been considered sufficiently compared with the interests of the autonomy of the family within Swedish legislation. THE RESEARCH PROBLEM AND METHODS: The autonomy of the family is well protected by the European Convention for the Protection of Human Rights and Fundamental Freedoms in Article 8, where the right to family life is stipulated. But the article also authorises the right of a public authority to interfere in family life in accordance with the law for the prevention of crime. One reason for such interference could be the suspicion of domestic violence, which for centuries was considered to be a private concern. Article 3 of the Convention also forbids exposing a person to torture, inhuman or degrading treatment or punishment. The rights of the family are also expressed in the Convention on the Rights of the Child (Article 16), but more specifically in its view of the child. In the case of domestic violence, the Convention in Article 19 clarifies the responsibility of signatory states to protect the child from all kinds of assault by measures such as prevention and identification. THE PROCESS OF ARGUMENTATION: Due to the fact that domestic violence exists to such an extent that it severely affects society in different ways, Swedish legislation has been modified on several occasions. RESEARCH RESULTS: Even if the aim of those changes has been to uphold the autonomy of the family while preventing and identifying assaults within the family – particularly where children are involved – the question remains whether the protection of the child has been considered sufficiently compared with the interests of the autonomy of the family. CONCLUSIONS, INNOVATIONS AND RECOMMENDATIONS: In order to guarantee children a childhood and adolescence consisting of care, security and a good upbringing, further improvements – particularly within the Penal Code (1962:700) – are necessary to prevent and identify domestic violence against children.