Abstract
The essay highlights pros and counterarguments about the incorporation of the UN Convention on the Rights of the Child in Sweden. The pros and cons highlighted in the essay by incorporation have not been found to be crucial to the status of children's rights or even the convention. The conclusion is that incorporating the international experience of judging is not as binding as advocates and opponents state. The countries that have implemented the Convention on the Rights of the Child have not had a better situation automatically on children's rights, but they have also not been hindered or steered in the negative direction in their work to any significant extent. Incorporation is secondary to the political will to work with the Convention and children's rights; it cannot legally direct the policy if the policy does not want to be governed. However, an incorporation can become a tool in the hands of a political movement that is already convinced of the right to strengthen children's rights in accordance with the Convention on the Rights of the Child.
This study aims to analyze if the assessment of the European Court of Human Rights and Committee Against Torture in cases concerning women alleging violation of the principle of non-refoulement takes gender into consideration. Therefore, this study compares four cases from the Court and the other four cases from the Committee with feminist legal theory analysis. The method chosen for this study is a comparative legal method and textual analysis to investigate the research problem. The findings of this study are that the Committee's evaluation is more in line with the intersectionality perspective than the Court's. Further, the Court showed stereotypes and gender discrimination with their assessments. Although the Committee is also lacking in considering gender as far as the observed cases the Committee is more advanced with the intersectionality lens. The Court frequently depends on the "male or social network," which is another distinction between the two monitoring organizations. Because the Court does not mention "male network" to European women alleging domestic violence, this contributes to the already discriminations refugee and asylum seeker women experience. The thesis concludes that women seeking asylum or refugee cases experience the most discrimination before the Court, though occasionally before the Committee as well. The refugee law still has a long way to go before it can assist women who claim that private actors have abused them.
Children takes into care by the social services against the parents' will, child care agencies take children into care with the support of the law (LVU). Children are cared for on the basis of section 2§ LVU which occurs due to misconduct in the home, for example violence and abuse, deficiencies in care or other conditions in the home. There is another reason which can lead to children being taken from their parents and it is their own behavior “behavior case” with the support of § 3 LVU. Parents' right to respect for private and family life granted by the article 8 in the European Convention on Human Rights is restricted when children takes into care by social services.
The same article also states the right to have custody of one's child and the right for parents and children to have contact. The protection of private and family life is not an absolute right and can be restricted by law. The main purpose of the thesis is to study how the care of children with the support of §§ 2, 3 LVU relates to the right to protection of private and family life according to Article 8 of the European Convention. Another purpose of the thesis is to analyze the Convention on the Rights of the Child in Swedish law after it has become law. Articles 3 and 12 of the Convention on the Rights of the Child state that States Parties to the Convention shall take into account the best interests of the child in all matters and decisions affecting the children and that they shall have the opportunity to express their views on matters affecting them. The questions in the essay are answered using a legal dogmatic method.
The Universal Declaration of Human Rights (UDHR) and other international conventions have been ratified by many countries, yet the basic freedoms established therein continue to be taken for granted. In recent years, the Islamic veil has been widely debated as an oppressive garment against Muslim women and a threat to Western secular democracy. This debate has led countries, including France, to take legal action to ban clothing that completely covers the face. France has professed itself as a secular state for centuries following its historical revolution, with a narrative of guaranteeing equal rights and opportunity to all citizens. However, this secular orientation has, in practice, led to a law that has created and promoted juridical and institutionalized inequality. This thesis discusses the prohibition of the veil in relation to basic human rights and freedoms established by the UDHR, the European Convention on Human Rights and Fundamental Freedoms, and the International Covenant on Civil and Political Rights, as well as other relevant documents that hold the central idea of protection of religious freedom and expression. These documents will be analyzed alongside John Stuart Mill’s foundational philosophy on freedom. The main findings of this study are that the issue of the veil is complex, and its story must be understood before it can be judged. Muslim women who choose to wear the veil have a right to freedom of religion given by the UDHR. France is a signatory and therefore infringing on those rights is a violation of international law. This conclusion is supported by the theoretical foundations of freedom presented by John Stuart Mill and previous research that dealt with the issue of the veil in Western societies.
This study is about the principle “Responsibility to Protect” and its implementation in several countries. The purpose of this study is to examine why the implementation of “Responsibility to Protect” has been used differently in similar situations. To limit my study I have chosen to examine two countries that have two different results on similar issues. I have chosen to study the conflict/civil war in Libya and Syria. The reason why I have chosen these countries is because these conflicts have similar causes and similar history, but how the international community responded differently and has argued various. This study will also highlight and observe the difficulties that the principle faces. For example the veto right in the united nation security council, and also the principle of sovereignty. At the end of this study I discuss the principle in general, what I think about it and how the principle “Responsibility to Protect” can be improved itself and develop to be more powerful and fulfill its purpose, to Protect civilians from genocide, crime against humanity and towards war crime.
Syftet med denna studie är att med hjälp av kvalitativ innehållsanalys studeraoch koda regeringens proposition om hedersrelaterat våld och förtryck (2020) där utgångspunkten är att lyfta fram hur regeringen definierar vad det innebär att vara en pojke och flicka i en hederskontext, samt vilka erfarenheter och roller som kan skilja dem emellan. Resultatet av studien visar att flickor är offer för hedersrelaterat våld och förtryck, resultatet visade att även om pojkar kan bli offer för hedersrelaterat våld så uppfattas de också som förövare. Studien visar att pojkar kan ha dubbla roller som både offer och förövare. Studien visar att både flickor och pojkar är utsatta för hedersbrottslighet men procentuellt skiljer resultatet åt då flickorna är utsatta i större grand än pojkarna. Slutsatsen är att införandet av barnäktenskapsbrott som ger upp till fyra år fängelse, straffskärpningsgrund mot brott med hedersmotiv och utreseförbud för att skydda barn från att tvångs gifta sig eller könsstympas utomlands ses som något ljust i Sveriges internationella åtagande om mänskliga rättigheter, då hedersrelaterade brottsligheten innebär kränkning av de mänskliga rättigheterna. Det ses mest ljust mot barnets rättigheter.
Sexual violence against women is not only a serious public health problem of epidemic proportions, it’s also a violation of women’s human rights. The devastating consequences of these events on women’s health have been widely documented. The overarching purpose of this thesis is therefore to explore why public healthcare facilities around the world often fail to provide victims of sexual violence with mental healthcare of good quality that is available, accessible and acceptable. In order to investigate this, the legal grounds of specialized healthcare for victims of sexual violence was documented. Secondly, an exploration of whether the Swedish healthcare system provides victims of sexual violence with access to the highest attainable standard of mental healthcare was carried out. Lastly, the history of violence against women was explored in order to identify reasons for why the right to mental healthcare often fail to work in practice for female victims of sexual violence despite apparent agreements. Also, constructive suggestions are put forth regarding what governments can do to provide victims of sexual violence with access to the highest attainable standard of mental healthcare. An interdisciplinary approach of political sociology was used to illustrate the multiple dimensions of human rights. The findings suggest that the right to mental health is an integrated part of the right to health and thus a fundamental right for all human beings. However, the results indicate that the right to mental healthcare for women who have been subjected to sexual violence is not available, accessible and of good quality within the Swedish healthcare system. The study concludes that one of the main barriers to make the right to mental healthcare accessible for this group of patients is the lack of an officially recognized name that include the many different syndromes these women suffer. Findings are discussed in relation to previous research.
This essay is about children's rights in one African country namely Kenya. It includesinternational documents like the United Nations Convention of the Rights of the Child (CRC) andthe regional African Charter on the Rights and Welfare of the Child (ACRWC). The thesis alsoanalyzes the differences between these documents and also the Sustainable development goals arediscussed and how they directly touch children's rights.This thesis also deals with the topic of how children's rights are protected by the Kenyanconstitution . It will mention the international laws and conventions that Kenya is obligated toimplement and follow in order to guarantee the kenyan children their rights. During the work wewill take a look at legislations and policies that Kenya has established to promote and protect therights of the children in Kenya.I will analyze some of the violations of the rights of children in Kenya and will be mainly focusingon laws and policies that the country established. The thesis also includes an investigation ofwhich children's rights are violated in Kenya. It consists of statistics and what the laws in Kenyasay about these violations.
The present study investigated the incorporation of the UN Convention on the Rights of the Child into Swedish law through an examination of the juridical difficulties in the state and municipalities. The study employed three methods: Qualitative content analysis, juridical method, and a semi-structured interview. The results show that the incorporation alone is not sufficient but is a project that needs continuous efforts to have thorough effects on children’s rights. As the phrasing of the Convention is vague it results in difficulties in exercising the rights, especially regarding the best interest of the child. Furthermore, the Swedish law prohibits children under 18 years old to bring an action to court in certain issues such as migration cases. Additionally, as Sweden has not ratified the third optional protocol of the Convention regarding the right to seek justice from the Committee on the Rights of the Child in case of a violation of rights on a national level, this further limits children to exercise their rights. On the municipal level, dissemination of information and knowledge regarding the Convention, cooperation between municipal bodies and the government, commitment for change, and access to adequate resources are all important tools for the implementation.
Today it is estimated that around 40 million people are exploited in human trafficking around the world. The Swedish Equality authority (Jämställdhetsmyndigheten) acknowledge that labour exploitation is the second most common form of human trafficking. The purpose of this study is to make a legal status report of human trafficking for labour exploitation in Sweden, and this is done through a legal dogmatic method.
The result shows that the Swedish human trafficking-law is connected to the international conventions and protocol through international agreements. The common knowledge of labour exploitation in Sweden is limited and Sweden needs to work with preventative and protective measures to secure the rights of the people being used in labour exploitation. Many of the people being used in labour exploitation in Sweden are foreigners. Sweden lacks protection of migration workers’ rights when it comes to informational measures and protective actions after being exploited. Sweden has a low number of prosecutions for the crime of human trafficking and almost non existing concerning labour exploitation. The Swedish law concerning labour exploitation is in development where a new paragraph, “human exploitation”, was added in 2018. The first case under this paragraph is under appeal to the Swedish Supreme Court and is awaiting the final judgment that will affect the future appliance of the law.
This study is about whether the ban on hijab and niqab in France violates human rights. Also, if there are contradictions between the human rights conventions and the french ban on hijab andniqab. That is the purpose and question of the study. The topic was chosen for an interest on whether the French ban violates human rights, and if so, why is the ban still a law? To fulfill the purpose of the study, the study will be using human right conventions and a case from the European court of human rights. The study will also use a human rights based approach to further analyze whether the french ban violates human rights. The human rights based approach will also focus on the rights themselves and the implementation of the rights. The second theory used in the study is a theory on multiculturalism. The theory will focus on the term “blind fordifference”. In other words, are human rights blind for difference?The method used in this study is a qualitative content analysis. The method was chosen to analyze the content of the french ban of niqab and hijab but also to analyze the content of the human rights conventions. The result showed that there are some contradictions between the french ban and the human rights conventions. The French ban on hijab and niqab showed potential violations towards human rights articles in the human rights conventions.
The externalisation of migration management has emerged as a complex and controversial phenomenon, with implications for the human rights and fundamental freedoms of refugees. This research study aims to investigate the relationship between the use of biometrics, the externalisation of borders, and the resulting infringements upon migrants' rights. Drawing upon a qualitative approach and data visualization analysis, this research delves into a comprehensive analysis of Frontex’s framing in perpetuating the externalisation process and the use of invasive technologies. The findings reveal that the increased use of technology in border control not only poses potential human rights violations but also serves as a central component in the externalisation process. The research also explores participants' awareness of legal procedures, mistreatment and abuse frequencies, attitudes towards technology, and overall impressions of the migration management system. This research contributes to the existing literature by shedding light on the relationship between technology, securitization, and the human rights of refugees within the European Union. By critically examining the framing strategies employed by Frontex and the resulting infringements upon migrants' rights, this study emphasizes the need for greater scrutiny and reevaluation of policies and practices in the context of migration management. Overall, this research serves as a call to action, urging policymakers, stakeholders, and the wider public to reassess the role of technology, ensure the protection of human rights, and strive for a more balanced approach that prioritizes both security and fundamental freedoms.
The child soldier problem is an escalating and growing phenomenon around the world. It is a complex issue as it involves a wide range of areas such as human rights, politics and cultures. A comprehensive legal framework is in place to protect children in armed conflicts, yet they are still being targeted, recruited and deployed in armed groups and organizations. The purpose of this study is to conduct an exhaustive examination of current international law, de lege lata, regarding child soldiers aged 15-18. The legal-dogmatic method will be used to identify the merits, but above all the shortcomings and problems of the legislation. The result shows that international law treats children differently in terms of age and when they are no longer considered child soldiers. The findings demonstrate the difficulties between the two frameworks of international humanitarian law and international human rights law in relation to child rights and protection issues. Furthermore, it has been discovered that the international law regarding child soldiers is outdated, contradictory and inconsistent, as society and warfare have changed since the adoption of the documents. The lack of legal sanctions against recruiters and enablers complicates the situation even further.
This essay has been about investigating and analyzing key rights in armed conflicts and howthey are respected in the Syrian war. The essay brings up three key rights and they are- the right to life- torture and other cruel, inhuman, or degrading treatment or punishment- protection of cultural propertyRegarding these rights, questions are formulated- How have the human key rights been respected in the Syrian war?- How does the protection for the key rights look within IHL?- What do the prospects for an acceptable situation look like in short term?The Syrian war started in mars 2011 as a result of the Arabic spring. The situation for Syria’spopulation has gotten worse since the war’s beginning. It has not gotten better during thesenine years despite hard work from UN and other humanitarian organizations. There was along battle against IS who has been defeated, but there are different actors in Syria thatcontinue to fight.Syria’s president Al-Assad is one of them that bears to biggest responsibility for Syria’scrisis, but he gets supported by for example Russia and Iran. Russia was in Syria to fight IS,but fought rebel groups instead, because they were a threat to Al-Assad. Al-Assad wanted itto look like he was protecting Syria from terrorism. He released islamic prisoners to fightthem. Some of the worst battles has happened in Aleppo, which is the most important cityfinancially.A lot of countries are militarily involved and that does not make it better when it’s abouthuman rights in Syria. When I investigate the respect of international humanitarian law inSyria, it shows that fighting parties fail hard to respect IHL. Cruel crimes against the keyrights has happened since the violence got worse. It is a lot of casualties, people get torturedin prisons and a lot of old culture gets destroyed.Syria’s economy has and continues to fall. Syria has the most refugees in the world since thesecond world war, and this civil war is the worst humanitarian crisis in modern time. Syriahad 20 million residents when the war began and now 11 million people is on flight. Syria has100 armed groups, and they are divided. Syria’s population miss access to survival needs andtheir everyday is life threatening. One cause to fatalities in Syria is lack of food, water andcare. At the same time as USA started to pull their forces back, Turkey took in their forces.Turkey thinks that USA approved the offensive when they pulled their forces back, but USAdenies that. Turkey will not interrupt the offensive, but USA wants it to be suspended.In my investigation I have used a legal dogmatic method in form of articles and based on thesources I have interpreted the key rights and their compliance in Syria. I have used literaturestudies in form of news articles, printed literature and books. Key rights in armed conflict andIHL have big roles in this essay. Literature about key rights within international human rightslaw and its application in the Syrian war is central in the analyze. A SWOT analysis is used toget structure for the description and leads to the conclusions used to answer the given questions. 6(37)In the essay I explain the situation in Syria, IHL and key rights role and situation in Syria andwhat the conflict looks like today. My sources highlight events in different areas in Syria, whichare used in the analysis and as answers to the questions:- In armed conflicts it’s very hard to protect the studied key rights and the war in Syria is noexception. There are plenty of tragic examples on how people are killed or tortured. Manyinvaluable cultural heritage has been systematically destroyed or stolen.- IHL was developed to reduce human suffering and to demand a human acting from fightingparties. In an armed conflict it is IHL that rules.- In the Syrian war there’s only one solution that UN has come up with and is pushing for it tobe implemented. That solution is a Syrian owned and Syrian led political process.
This empirical research focuses on the subject of Hijab in Sweden. It demonstrates that Afghan (Muslim) women residing in Sweden do not consider the Hijab as an element of their culture/identity. Additionally, the empirical data gathered through interviews with twenty Afghans residing in Sweden reveals that Hijab is socially imposed on women, particularly by male relatives. Afghan women reveal verbal and physical violations exercised against women by male relatives in order to force them to veil. Therefore, if multiculturalism favors the Hijab as a human right and/or an identity/cultural element of these women, it neglects the violations implied by Hijab on women. By adopting a Marxist feminist lens, the research explains that although veiling and controlling women’s body existed for centuries before the birth of capitalism, controlling women’s body by forcing them to veil serves the capitalist project as well. The veil is one of the diverse ways of controlling women (‘s body) and is one of the ways to help the interests of capitalism since women are the source of reproduction of labor. Rejecting the position of both left-wing and right-wing parties (and specifically racists) in the political sphere in Sweden, it is suggested that the former (no matter intentionally or unintentionally) justifies and serves the preservation of the repressive Hijab and does not protect Muslim women and their human rights. And (far) right-wing actors, by pointing to the repressive Hijab, merely aim to cut the budget that is essential for protecting the fundamental human rights of immigrants and target the existence of immigrants per se to enable (further) development of capitalist (economic) policies. This research argues that discourse cannot make a substantial change in behaviors, and not only men should be considered as the responsible actor to diminish the violations. A third alternative/approach is instead suggested for the change in the material condition of such communities so as to diminish the violations. By reminding the responsibility of the Swedish government, it is suggested that the government should take responsibility for material provision regarding awareness, education, employment, and development of oppressed veiled women. This is how the government can protect human rights and actualize women’s capacity in order to combat the violations.
This study examines the phenomenon of the Swedish sex trade. A phenomenon that has a long history that is constantly changing, taking new forms and creating new boundaries. The purpose of this study has been to review and understand the Swedish sex trade with a focus on the effects of internet and the effects of the Swedish sex purchase act. As well as to examine how state and non-state actors work to secure the fundamental human rights to safety and an adequate safety net for people who sell sex. By conducting interviews and a literature study with state and non-state actors it has been possible to understand the Swedish sex trade and create an in-depth description of the current situation. The study's result and analysis show that the Swedish sex trade is strongly linked to the feminist perspective. In Sweden, the abolitionist feminist perspective is dominant, which is also reflected in definitions used within this field, legislation, the sex trade via internet and the Swedish safety net. This study highlights that the Swedish sex trade is a complex issue which requires a greater discussion beyond the feminist perspective.
Fältstudiens syfte har varit att analysera och beskriva jämställdhets effekter på den unga generationen i dagens Rwanda. Min uppsats utfördes med en kvalitativ ansats där intervjuer har varit centrala som metod för att samla in mitt material och data. Jag har intervjuat unga vuxna kvinnor som är entreprenör eller i ledare position. Mitt resultat erhålls genom deras berättelser och upplevelser om jämställdheten i Rwanda.
Rwanda har haft en stor representation av kvinnor i parlamentet vilket har i sin tur påverkat dessa unga kvinnor. Genom mina intervjuer har jag kommit fram till att Kvinnor i Rwanda tar mer plats som aldrig förr. Sammanfattningsvis har Rwanda gjort en stor skillnad för deras kvinnor. Den stora representationen av kvinnor i höga positioner har haft en bra inverkan på nästa generation och har inspirerat dem att drömma stort. Även om Rwanda har kommit långt när det gäller jämställdhet, utmaningar finns fortfarande och hela arbetet är inte gjort.
Syftet med uppsatsen har varit, att undersöka urvalsförfarandet vid tvångssteriliseringar i Sverige i mitten av 1900-talet (kapitel 3) och dagens selektiva mekanismer för särskilt stöd i skolan (kapitel 4) som historiskt jämförbara fall. Perspektivet är människorättsligt utifrån frågan, om individuella fri- och rättigheter kan skyddas mot nationell praxis och politiska intentioner. Den metodologiska utgångspunkten tas i en variant av diskursanalys, där begreppet vanmakt, i form av nationens kollektiva vanmakt som reaktion på bieffekten av goda intentioner, ersätter det i sammanhanget mer vanliga begreppet makt i form av dolda maktfaktorer som förklaring (kapitel 2). Fördelen med detta synsätt är, att den kollektiva vanmakten, i motsats till den dolda makten, har ett ansikte. Ansiktet är välviljan som, i mer eller mindre uttalad desperation, tar sig kollektivt uttryck i det som blir nationens sammanhållande politiska sfär och nationella identitet. På så sätt tydliggörs, eller närmast avtäcks, också de olika aktörernas roller. Uppsatsen utmynnar i slutsatsen, att urvalsprocesserna i samband med tvångssteriliseringar i Sverige mellan åren 1935-1975 på en konceptuell nivå, betraktade utifrån idén med kollektiv vanmakt, är analoga med de urvalsprocesser som idag används vad gäller särskilt stöd i skolan på så sätt, att urvalsprocesserna identifierar och definierar barnens stödbehov baserat på målstyrda betygskrav som, i stil med New Public Management, enbart avspeglar en simulerad konkurrenssituation ämnad att utgöra ett mått på arbetsförmåga (kapitel 5).
Burundi is made up of three ethnic groups, Hutu, Tutsi and Batwa. The Batwa are the indigenous people of Burundi and the smallest ethnic group in Burundi. It is estimated that the Batwa make up about 1% of the total population. Batwa consider the forest their home. But after centuries of deforestation and forest management, the Batwa gradually abandoned their forests. When forests became pastures for colonists' animals and fields were taken by colonists, many Batwa came to rely on pottery, which replaced forests and hunting as symbols of Batwa identity. During the first half of the 20th century, Burundi's new process of industrialization, the country's gradual opening to international trade, and decreased access to clay products for Batwa led to a significant weakening of the pottery trade.This has once again disrupted the main economic activities of the Batwa, making them the most vulnerable population group in Burundi. The Batwa are excluded from many provisions of Burundi's constitution in which they are not mentioned as part of Burundi's ethnic depopulation. Discrimination is a top concern for the Batwa. This discrimination manifest in three main forms: negative stereotyping, segregation and denial of rights. Discrimination is more serious in rural areas than in urban areas, mainly among local people, including local officials. Negative stereotypes could be, for example, that people refuse to sit next to a Mutwa because they are dirty, or refuse to marry a Mutwa because they are considered incestuous and immoral, or that Batwa do not cultivate because they are lazy. The traditional system of bashingantahe is a way of conferring social status on the Batwa, thus eliminating discrimination against the Batwa by non-Batwa.
På fem månader har det inkommit 3389 anmälningar om barn som bevittnat våld mellan närstående. Lagen som kriminaliserar exponerandet av våld och brott inför barn heter barnfridsbrott och började att gälla den 1 juli 2021. I en undersökning som SVT presenterade 19 december 2021, framgår det att 195 av anmälningarna har lett till åtal.1Utmärkande för barn som bevittnar våld i nära relationer är att en närstående till barnet utsätter en annan närstående för våld eller brott. Detta innebär att barnet både står nära en gärningsman i anknytning och ett offer. Kombinationen av detta skadar inte endast tilliten och tryggheten hos personerna som barnet söker omsorg hos, utan leder till långsiktiga konsekvenser för barnets hälsa.2I FN konventionen om barnets rättigheter framgår det en nolltolerans av våld mot barn. Eftersom konventionen är inkorporerad in i svensk lag sedan 1 januari 20203, infaller konventionens förpliktelser den svenska staten. Ett sätt att skydda barn från att utsättas för våld är genom att införa lagstiftningsåtgärder som är förenliga med principen om barnets bästa. Utifrån ett barnrättsperspektiv kan den gällande rätten för barn som upplever våld och brott kritiseras. Detta med anledning av att rekvisitet bevittna är för snävt för att omfatta barns olika upplevelser av våld.I Sverige lever det ca 210 000 barn med våld i hemmet.4 Gemensamt för dessa barn är att de tilltar olika strategier för att handskas med våldets konsekvenser. I de fall där våldet blivit en del av vardagen, är det inte ovanligt för barn att sätta på sig hörlurar för att slippa höra mammas skrik. I utredningen till det föreslagna barnfridsbrottet resonerade regeringen kring detta. Att barns upplevelser av våld ofta är präglade av överlevnadsstrategier som gör att barn varken ser eller hör våldet. Trots detta är en förutsättning för straffbestämmelsen att barnet har bevittnat den brottsliga gärningen.
This study is concerned with the drafting process of the 1948 Genocide Convention, specifically the deletion of the article regarding so called ”cultural genocide”. Sweden was one of the states who voted to delete the article, and this study asks the question why. Previous research on the article has concluded that the majority of the states voting to delete it were doing so to avoid being criminalized themselves due to their assimilationist policies towards minorities, and colonial governing. During negotiations Sweden explicitly referred to the Christianization of the Sami people, which further begs the question if Sweden were also acting because of those reasons. The study finds that, even though Sweden argued that cultural genocide was not as serious as the other forms of genocide, and that it was a better fit for a convention on human rights or minority protection, there is a real plausibility that the country were trying to avoid having a legally recognized genocide in its history. However, because of the vast amount of material available for interpretation of Sweden’s actions, more research is needed to make an even more certain conclusion.
Swedens exports arms to Pakistan despite the existence of laws and conventions on what specific countries must achieve in order to meet the criteria for being exported to.
In a realpolitik perspective, this study will deepen and investigate how the Swdish government can approve an arms export to Pakistan and how human rights are violated in Pakistan.
In 2018, a munitions law was added and come into force. The law would include an impediment to exports to countries with a dubious democratic status or where human rights are violated.
A determination has made that i conditions are given for the Swedish state to grant a permit for arms to exports to Pakistan that seriously violates human rights, a complete assessment has made and decisions made with meaning that the political interests priorities are valued higher than the interests of human rights.
This thesis aims to analyse sumud and its importance for Palestinians today living in Sweden. The theory of logotherapy, developed by Viktor Frankl, is used as a tool to unfold how sumud has become the bearer of identity and to response to the search of a meaningful life, in despite of injustices from the occupation. Through semi-structured interviews, nine respondents have shared their thoughts about sumud while living in a Swedish context. According to the result of the study, the meaning has been found to be central within sumud. For Palestinians living in Sweden it seems that sumud has developed from being seen as a constant when staying in Palestine to something that outside Palestine also expresses economical support, the possibility of returning and the importance of increasing awareness of the occupation. Suffering is transformed into responsibility and faithfulness towards the Palestinian community and a power to live not only for one’s self. Actions in combination with the Palestinian essence of how to be human become identity builders. Despite a lack of hope for peace among the respondents, by sumud it is possible to create meaningfulness also from a distance. The study shows that sumud for Palestinians in exile has turned out to be the key to maintain a joint responsibility for the motherland.
Uppsatsen analyserar om huruvida kärnvapenavskräckning hotar eller skyddar rätten till liv. Genom insamlade pro- och contra-argument skapas en diskussion kring kärnvapenavskräckning där centrala argument identifieras. Argumenten analyseras sedan i en argumentationsanalys samt slutsats utifrån ett rättighetsperspektiv med fokus på rätten till liv. Rätten till liv definieras utifrån General Comment No. 36 (2018) som berör artikel 6 rätten till liv inom den internationella konventionen om de medborgliga och politiska rättigheterna.
The death penalty in the US has long been characterized by racist prejudices and mistakes. Previous research suggests that the majority of those executed are intellectually disabled people, black people and the poor. Furthermore, innocent people are too often convicted and executed, those with intellectual disabilities lack adequate protection in the legal process and racism is an inherent part of the criminal justice system.
This essay investigates which of the 11 American people, executed in 2021, were particularly exposed or vulnerable to the death penalty from an intersectional perspective. It captures patterns regarding the defendants' identity markers and the discrimination, human rights violations or constitutional violations that occurred in the cases and legal processes, according to the defendants' legal teams. The material consists mainly of legal documents and the research questions are answered through a qualitative text analysis, with Intersectionality and Critical Race Theory as the theoretical framework.
The research show that ten out of 11 cases were problematic or indicated ambiguities. Black people, intellectually disabled people and the poor continue to be discriminated against. Several of the defendants with intellectual disabilities would not be eligible for the death penalty today. In conclusion, black poor men with intellectual disabilities and a history of abuse, along with poor women with mental health issues, intellectual disabilities and a history of abuse, were particularly vulnerable to the criminal justice system, because of the multifaceted discrimination they were exposed to.
The aim of this thesis has been to identify the causes and consequences of unaccompanied children disappearing. The method used in the study is a qualitative text analysis where approaches aim to investigate a problem that exists in society, but where it is important to describe and understand the reality that the unaccompanied children who disappear in Sweden go through.
The results analyzed are based on the three most common causes and consequences of unaccompanied children disappearing. The causes show that there is a huge concern among the children before they turn 18 years old, a lack of participation of the child in the placement of it and mental ill-health and trauma. The children have a great sense of fear, which is based on the feeling of hopelessness and of getting a negative response on their asylumapplication. Furthermore, the results demonstrate that the consequences that children face when they turn to living on the streets are that they are exposed to human trafficking, sexual exploitation, other forms of crime and drugs. When children deviate and disappear, it becomes difficult to fulfil many of their rights under the Convention on the Rights of the Child. By analyzing the causes and consequences from a child's perspective, one better understands the reasons why children differ and how important it is to handle situations according to achild'sperspective by listening to children.
This study also highlights and clarifies problems that children meet in the asylumprocess, in which authorities often fail in the safe reception and care of the unaccompanied asylum seeking children that deviate and disappear.
John Rawls defines civil disobediance as a ”public, nonviolent, conscientious yet political act contrary to law usually done with the aim of bringing about a change in the law or policies of the government.” (Rawls, 1999:320). Rawls has developed a theory of civil disobediance that has been widely discussed (Månsson, 2004:153). His theory explains when one can break the law and what has to be taken into consideration (Rawls, 1996:345-346). The theory is designed only for the special case of a nearly just society where the members of the community are rational beings. Rawls has a democratic and constitutional perspective that cares for a stable state power. The theory has been criticized by philosophers such as Kimberley Browlee and Tomas Månsson that claim that it is too narrow (Månsson, 2004:157-159, Brownlee 2012:2). The Swedish legal system does not regulate civil disobediance in any particulary law, rather it is the criminal acts that are connected to the civil disobediance that are prohibited. A dilemma for the criminal law is the amount of tolerance that should be allowed for criminal acts that we morally can understand (Asp & Ulväng, 2019:13). In common practice there has been a very low acceptence of civil disobediance. There has not been any case of discharge and the court has expressed a concern in judging these acts too light (NJA 1982 s. 376).
Migration in general and the assessment of the need of protection concerning people from Afghanistan in particular, has in recent years risen on the migration agenda, especially after the Taliban regime's expanded control in the country. This thesis aims to investigate what guidelines that are in place for assessing female Afghan asylum seekers who applies for asylum in Sweden based on gender related persecution. Through a legal dogmatic analysis, three determinations from the Swedish Migration Agency and three determinations from three of Sweden's migration courts have been examined. The purpose has been to examine the guidelines of the determinations, analyze the values applied by the Swedish Migration Agency and the Migration Courts in the determinations, and whether the current application of the law is legally secure based on Frändberg and Von Essen's definition of legal security. The results show that there are shortcomings in the Swedish Migration Agency's as well as the Migration Courts' assessments, which is consistent with previous research. The results as well as previous research shows knowledge gaps about what requirements that should be expected from the applicants in terms of reliability, credibility, and evidence.
This thesis aims to answer, if and what, limitations Jews experience in a secular state such as Sweden. To answer this question this paper was made through a qualitative method and through the theory about “the other” by Kevin Kumashiro. By applying article eighteen from the universal declaration on Human Rights and the theory of “the other” on actual experiences and limitations this thesis will critically unfold any discriminations and inequality. Main material has been the eight different interviews conducted in autumn of 2022. The following study therefore aim to contribute to increased research on Sweden's commitments and compliance with international conventions and agreements, knowledge, and tools for further work against hate crimes, increased discrimination and xenophobia in Sweden. The study highlights that the basic security affects the propensity for how free one feels to be open about one's identity which results in direct and indirect limitations upon Jewish identity and Jewish life in Sweden.
The City of Stockholm has declared that it will be leading in the implementation of Agenda 2030. The study is based on interviews with political parties, representatives from the administration and civil society actors in the City of Stockholm. It explores how concepts within and the relation between Agenda 2030 and human rights are perceived. The results of the study are based on four themes: to leave no one behind, politics, language and practice, and partnership. A tension between human rights and Agenda 2030 is found, but also commonalities. The study shows that in local administration, Agenda 2030 and the Sustainable Development Goals are often regarded as more practical than human rights. Yet, respondents believe that human rights can strengthen Agenda 2030. Across all respondent groups, the study finds that there are expectations of Agenda 2030 breaking silos, uniting actors and offering a framework that is stable over policy shifts
This thesis aims to study gender distribution in non profit work for human rights. Based on an interview study with coordinator ́s for non-profit workers in human rights, the thesis examines how the gender distribution is constructed, the reasons behind the gender distribution, what consequences the distribution can have, and how to create change. The theoretical frameworks that the thesis relates to are gender theory, socialization and role theory. These are theories based on the a social constructivist approach, which means that society is constructed by us humans. The result of the seven semi-structured interviews, indicates that there is a large surplus of women who are voluntarily committed to human rights. Possible causal explanations for the distribution according to the results have to do with education, trends, women's social capacity, and female vs. male interest. The consequences the informants address apply to diversity, societal development and the priority issue. The results also show that coordinators believe that what needs to be done to create change has to do with education, gender norms, salary, and active search for men, except for the two men who, according to the results, believe that the prevailing gender distribution does not need to change.
For a long time, the situation of refugees and asylum seekers has been a source of concern for EU Member states. While different European countries' policies and practices have received much scrutiny, the discourses they produce are less visible in academia. This study thus explores the policy decisions and laws behind the EU’s responses to the refugee crises of 2015 and 2022 by comparing Syrian refugees to Ukrainian refugees in order to understand the distinction in treatment. Through a postcolonial perspective, this study employs a Mediated Discourse Analysis that presents a mainly conventional discourse of refugees and asylum seekers in the context of policies and laws. The analysis found a strong influence of ‘Eurocentrism’ through exclusionary policies, implying a continued concept of 'othering' and the 'myth of differences' as the underlying reason for different asylum policies and laws affecting the right to seek asylum.
This essay is based on a case of a Swedish student with dyslexia who was denied the right to his aid during the national exam in Swedish. The purpose of the study is to shed light on the problems in how practice is interpreted and how future cases can behandled. In order to examine the current law in discrimination that dyslectics experience within the school system. The study has used the legal dogmatic method,the right as it is “de lege lata'' as well as “de lege ferenda”, as the right should be. The study has concluded that even if the student is not denied the right to a free education,the study wishes to draw attention to the fact that the student may have been exposed to discrimination based on the European Convention Art.14. What the study has discovered by analyzing the material is that the adaptations offered to the student did not compensate for the absence of the compensatory aid for the national test.
The purpose of this study is to examine how Swedish inmates can utilize the right to vote during their time in prison. To fulfill the purpose, the study investigates how the Swedish Prison and Probation Service arrange elections in different prisons. Interviews with representatives of the Swedish Prison and Probation Service, as well as with a previous inmate, are conducted to show how the different prisons work with arranging elections and encouraging the prisoners to vote. The results are analyzed with a qualitative method. A theory of social inclusion and the right to vote as a positive right is used to analyze the data. The data shows that prisons work differently with arranging elections and most of the prison representatives thinks that there should be room for different approaches due to security level, clients and other conditions. The representatives of the prisons that participated in the study perceive the directions from the Swedish Prison and Probation Service differently which could imply a need for clearer information. The level of participation from the inmates differs, which could correlate to the efforts being done by the prison to encourage the inmates to vote. The conclusions that can be drawn from the study is that cooperation with other relevant actors is necessary to arrange elections where all inmates can participate, and that encouraging efforts from the prisons are needed to secure the inmates’ right to vote.
In 2020, the Convention on the Rights of the Child was incorporated into Swedish law, with the aim that the child perspective and the best interests of the child would be reinforced in areas such as refugee law. At the same time, the temporary law (2016:752) was introduced in 2016, which limits the child's possibility of obtaining a Swedish residence permit. Using the legal dogmatic method, this study answers the purpose and aim of this thesis that is; what factors determines whether a child is allowed to stay in Sweden or not, how the best interest of the child and child-specific grounds for residence permit are interpreted in applicable law and in cases where children's asylum cases are tried in the Court of Migration, and lastly what conclusions can be drawn from these findings. The thesis achieves this by analyzing and comparing four different judgments from the Court of Migration to examine how the Convention on the Rights of the Child, the Aliens Act and the best interest of the child is applied in the different cases as well as the varying factors that makes them differ. The results in the thesis goes through the applicable law in the field and present child-specific provisions in applicable law such as in the Convention on the Rights of the Child, the Aliens Act and the Temporary law from 2016, combined with the preparatory work of the laws that contributes to how these provisions are interpreted and understood, and praxis in the form of 4 different judgements. The analysis concludes the differences in the judgements and that there are certain aspects and factors in the judgments that seem to have been crucial in the Migration Court's assessment and decision. Finally, the thesis presents the conclusions that can be drawn from these outcomes, as well as an investigation on the limitations of the principle of the best interest of the child in asylum law, which ultimately results in the child's best interests being, in principle, complex and requiring interpretation.
Since the Supreme Court's decision of overturning Roe v. Wade’s protection of abortion in Dobbs v. Jackson Women’s Health Organization in 2022, multiple states in the U.S. has put abortion bans into effect. “Problems” are not a fixed concept but rather changeable and dependent on who is looking at it. By using Carol Bacchi’s “What’s the problem represented to be?” approach to policy analysis, the problem representations in the U.S. abortion bans and in human rights are identified and contrasted. The problem representation in the abortion bans is identified as “violations of the rights of unborn children” and the problem representation in human rights is identified as “violations of women’s equal rights.” While the problem representations are found to be opposites, they can both still be critiqued by feminist theory and arguably create inequality for women in different ways. How the problem of abortion is represented to be, and the way rights are used and argued for in the abortion bans as well as in human rights shows how they are not giving women equal rights to rights.
This study analyzes article 12 of the International Covenant on economic, social and cultural rights. The “right of everyone to the enjoyment of the highest attainable standard of physical and mental health”.This article is analyzed in the context of herd immunity and mandatory vaccination. The analysis has been conducted through critical discourse analysis and analyzed through the terms of fairness, morality and obligations in former research at issue.The aim of this paper is to shed light on the flaws of article 12 which fails in its purpose to protect every human being, especially the most vulnerable. This may happen when individuals are allowed to act according to their own personal interests in ways that can negatively affect the public health especially for those who cannot be vaccinated.It is established by law that no one can be forced to get vaccinated. This paper analyzes if there are other incentives to motivate people to get vaccinated to protect others.Through a fairness perspective, it is argued that the individual should get vaccinated to protect others. This can help to protect those individuals who cannot get vaccinated. Those who have the capacity have a duty to do more. The effort of getting vaccinated is minimal and the resulting herd immunity means that even those who are not vaccinated are protected from infection. There are several studies that proves that individuals are more inclined to contribute to the common good if it is done with fairness and equality.Morality as a concept lacks a common or universal definition. Therefore, morality cannot be used as a reason or a motive.The “right of everyone to the enjoyment of the highest attainable standard of physical and mental health” is protected by article 12. This paper argues that those who cannot get immunized through vaccination are not included in this protection. The same article also protects the individual’s right to make their own decision regarding their immunity. The decision of abstaining vaccination when otherwise able to get immunized can mean life or death for those that do not have the option to get vaccinated. The consequence of individual decision-making becomes unclear. The state, as the party responsible to uphold the covenant, cannot protect the most vulnerable since the right to bodily integrity weighs heavier than the common good. When more people choose not to get vaccinated the most vulnerable are less protected from disease and infection. The unprotected cannot claim accountability from the state. The outdated covenant protects only some of the people, not all of them as it is supposed to do. Especially the most vulnerable.
This abstract provides a concise summary of the thesis, which examines the evolution of abortion laws in France and the intersection of women's rights, feminism, and healthcare. It emphasizes the shift from a complete ban on abortion to legalization and analyses the factors contributing to this social change, focusing on the role of feminist movements and women's rights activists. The study highlights France's success in recognizing abortion as a health issue rather than a political or religious one, leading to establishment of social systems that ensure safe and affordable access to abortion. It also emphasizes the importance of separating religious and political influences from public life and the need to recognize abortion as a human right based on international standards. Finally, the thesis contributes to novel theory development; it suggests that the spiral approach to studying social change provides valuable insights into the dynamic nature of the abortion debate and the need for continued focus on reproductive rights globally.
I denna uppsats har författaren använt sig av en kvalitativ forskningsmetod för hur Socialtjänstens arbete rörande frågor kring barns trygghet brister, och där barn far illa. Detta trots aktiva insatser som skall motarbeta barns utsatthet och där engagemang kring frågor som rör barn varit prioriterade sedan länge. Uppsatsen har inspirerats av diskursanalys som metod och teori. Den innehåller även det teoretiska begreppet ¨barnets bästa¨ och BBIC som ett analytiskt verktyg. Resultatet visar att Socialnämnden argumenterar utifrån föräldrars brister och det misslyckade föräldraskapet i förhållande till barns behov. Vidare framkommer att argumentationen förs utifrån lagstiftningen förutsättning syftar till att uppnå mer effektivitet i administration än att beakta barnets bästa.
To live a life protected from exploitation, violence, and abuse is a fundamental human right. However, this seems to be a difficult human right to fulfill, at least for women and girls living with disabilities. This thesis examines the topic of sexual violence against women and girls with disabilities in the townships Langa and Gugulethu, Western Cape Province, South Africa. By addressing the research question: How is the nature, forms, and prevalence of sexual violence experienced and perceived by women and girls with disabilities? The results of the 14 semi-structured interviews that were conducted with staff members from three local NGO’s and eleven relatives to women and girls with physical and intellectual disabilities expose a high prevalence of sexual violence. In this small investigative study, two out of eleven participants had not been subjected to sexual violence, which means that 82% of these girls had been sexually violated at least once in their lifetime and only four had reported their case to the SAPS, which is a total of 64% in this sample. These violations of basic human rights are discussed and analyzed through four themes: attitudes and values, social norms and beliefs, barriers to reporting, and the police and justice system. It is clear that to create a safe and protected environment and end gender-based violence against disabled women and girls a change in the perception that society has on disabled people is needed. Without change from within the society gender-based violence and sexual violence against women and girls with disabilities will continue to grow.
This study investigates black women´s participation in the economy and financial decisions oftheir life. This in order to analysis the outcome of economic rights and empowerment specificallyin townships of Cape Town, South Africa. The economic vulnerability in South Africa iswidespread and black woman are most affected. A field study was conducted through semistructuredinterviewing with 20 women where they shared their experiences in economic rightsand empowerment. The purpose of this study is to provide an understanding of attitudes abouteconomic empowerment and rights for black women. The analysis was made within a theoreticalframework based upon Western and African feminism as well as Sally Engle Merry’s studyregarding the practice of how human rights is affected by culture. The field study resulted in threeidentified themes that affect woman's financial position. Firstly, the labor situation in the countrywith high unemployment. Secondly, the traditional gender roles and thirdly the economic violence.The study will show that these three themes prevents the possibility of black women havingeconomic rights and economic empowerment. Further on, lack of knowledge and the time frameof making changes in culture something that also will be discussed.
Denna uppsatsen undersöker och belyser hur den somaliska klansystemet kränker kvinnors mänskliga rättigheter i Sverige. Klansystemet begränsar kvinnors rätt till frihet och självbestämmande. Kvinnor som tillhör till minoritetsgrupp diskrimineras och utsatts för sexuella trakasserier och våld. Inom klansystemet underordnas kvinnor och deras ställning är svag, eftersom klansystemet grundar sig på patriarkala strukturer. Studien visar att det inte existerar jämställdhet mellan könen.
The Convention on the rights of the child (CRC) stipulates a set of rights for all children and declares that all national legislation should be in compliance with the convention. The CRC states that the best interests of the child shall be of primary consideration in all actions concerning children; that every child has the right to protection of their family relations as well as the right to know about its parents. The purpose of this study is to investigate how well does the Swedish regulation of establishing legal parenthood comply with the child’s family oriented rights stipulated by the CRC. The study uses a critical legal dogmatic method and is analysed from a theory of the best interests of the child principle.
The result shows that the Swedish law strongly protects the child’s right to know about his/her genetic origin. However, the findings illustrate that the mentioned right is often seen as synonymous for what is best for the child, and therefore leaves no space for questioning other aspects that may affect the child’s well-being. Furthermore the results demonstrate that the Swedish family law mainly protects hetero normative families where none of the parents has changed their legal gender. The further away from this norm that the child’s family is, the more complicated it is to establish legal parenthood and therefor harder to protect the child’s right to its family relations. The paper argues that the Swedish family law hence leaves little space for what could be seen as the best interest of a specific child in a specific context, and by doing so diverges from the CRC which advocates contextually when analysing what is best for the child. The paper concludes that a more flexible law where the best interests of the child can be taken into account in greater extent could secure the rights of the child more effectively.