Child Participation in the Swedish Child Protection System

This article deals with children’s right to participation through legal representatives in the Swedish child protection system, with a specific focus on if and how children are given the possibility to influence decisions made about them in this context. An overall question is whether the regulation is clear as to what should be achieved when it comes to participation for children and what weight children’s wishes and views should be given. Based on a critical legal analysis it is shown that the Swedish system, although having a clear ‘child-friendly image’, is problematic in both these aspects. At present, child participation in the Swedish system is emphasised in theory and in goal-oriented statutes, while at the same time, children to a large extent are ‘legally protected’ from involvement, not the least from influencing decisions made. It is suggested that, for the Swedish child protection system to truly meet its “child-friendly” image and honestly look into how to become more child-inclusive, there is a need to re-think how to best achieve participation for children and also clarify what participation is intended to mean in practice.

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Barns rätt till delaktighet vid beslutsprocesser inom den sociala barnavården. Vad betyder barnkonventionen och den rättsliga utformningen för tillämpningen i praktiken?

BARN - Forskning om barn og barndom i Norden ◽

10.5324/barn.v37i3-4.3381 ◽

2020 ◽

Vol 37 (3-4) ◽

Author(s):

Monica Larsson ◽

Elin Hultman

Keyword(s):

Decision Making ◽

Child Protection ◽

Legal Framework ◽

Legal Regulation ◽

Protection System ◽

Social Law ◽

Rights Of The Child ◽

Decision Making Processes ◽

Right To Participation ◽

The Right

Children’s right to participation in decision-making within the Swedish Child Protection System. What does the UNConvention on the Rights of the Child and the legal framework mean in relation to the implementation in practice? This article is based on children’s right to participation which stems from the UN Convention on the Rights of the Child – the Child Convention. Regarding decision-making processes within the Child Protection System children’s right to participation is explicitly stated. However, it is still not palpable and the interpretations regarding children’s right to participation may vary. This may give rise to various standpoints which in turn can have an impact on the magnitude of how the right isput into practice. Social science and social law research in Sweden has pointed out that children and young people do not participate sufficiently in parts of this process. This article describes and analyzes what has emerged in this research regarding children’s right to participation in connection with decision-making processes concerning out-of-home-placement with a particular focus on some of the circumstances that may impede the children’s right to participation. The article concerns how the right to participation is handled in practice and the importance of the Convention on the Rights of the Child and the framework of the legal regulation.

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Child Participation in the Swedish Child Protection System Childfriendly Focus But Limited Child Influence on Outcomes

SSRN Electronic Journal ◽

10.2139/ssrn.3043224 ◽

2017 ◽

Author(s):

Pernilla Leviner

Keyword(s):

Child Protection ◽

Protection System ◽

Child Participation

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The Participation of Children and Adolescents in the Protection System: The Case of the Spanish Legislation

Social Sciences ◽

10.3390/socsci10070268 ◽

2021 ◽

Vol 10 (7) ◽

pp. 268

Author(s):

Anna Massons-Ribas ◽

M. Àngels Balsells ◽

Neus Cortada

Keyword(s):

Children And Adolescents ◽

Child Protection ◽

Daily Basis ◽

Protection System ◽

Three Dimensions ◽

Autonomous Communities ◽

Rights Of The Child ◽

Right To Participation ◽

The Right ◽

Spanish Legislation

Children’s right to participation is enshrined in the Convention on the Rights of the Child (CRC), specifically in Article 12; however, the participation of children in the protection system continues to be a challenge. There is a need for a paradigm shift, in which children and adolescents (CA) are considered as active subjects of rights in all areas of their lives, and that means allowing them to participate in decisions that concern them. The study analysed 20 Spanish laws, both national and autonomous, that regulate child protection and the rights of CA in the protection system. It focuses on examining the participation of children in the protection system, divided into its three dimensions: the right to be informed, the right to be heard and the right to be involved. There is complexity in the different regulations. All of them are consistent with the CRC and provide for participation, but not all to the same extent. There is a lack of harmonisation between the legislation of autonomous communities, leading to practical difficulties for the professionals who have to implement the legislation on a daily basis.

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Notifying Neglect: Child Protection as an Application of Bureaucratic Power against Marginalized Parents

Human Organization ◽

10.17730/0018-7259-77.2.112 ◽

2018 ◽

Vol 77 (2) ◽

pp. 112-121 ◽

Cited By ~ 4

Author(s):

James Rice ◽

Hanna Björg Sigurjónsdóttir

Keyword(s):

Knowledge Production ◽

Child Protection ◽

Critical Analysis ◽

Protection System ◽

Institutional Logic ◽

Organizational Power ◽

Parental Neglect ◽

Specific Focus ◽

Bureaucratic Power ◽

Parents With Disabilities

The goal of this contribution is to bring to light some systemic applications of organizational power that occur within the child protection system in Iceland. The specific focus is on the ways in which notifications are made to the child protection system concerning allegations of parental neglect on the part of parents with disabilities and a criticism of some specific mechanisms by which these notifications may contribute to unjust custody deprivation proceedings. We suggest that accusations of bias or prejudice within the child protection system need to be grounded upon the demonstration of concrete mechanisms which illustrate this bias in practice. In this contribution, we chose to focus on the power of notifications and to explore the institutional logic and practices that can result in unjust custody deprivation decisions. A critical analysis of the knowledge production of custody deprivation is required to fully understand these process as systematic applications of power and to recognize the problematic nature of child protection work that weighs heavily against marginalized parents.

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