The tensions dealt with in this volume between legal, political, and ethical perspectives on childrenâs rights foreground limited notions of justice, equality, and non-discrimination of children. The purpose is to set several perspectives in conversation with each other, both in terms of how national law relates to the Convention on the Rights of the Child, crc, and how childrenâs rights can be developed and understood from a philosophical standpoint. This book is dedicated to students, researchers, and professionals working with childrenâs rights. The chapters, each of which concludes with a cross-disciplinary response, can be read separately or as a whole, starting with either the contributions from Legal scholarship (Part 1) or the more philosophical discussions on childrenâs rights and justice (Part 2), depending on oneâs field of interest.
This volume addresses legal gaps in the codified ethics of childrenâs rights, and discusses several of the principles of the crc that require political policy developments on a societal level. The first part of the volume addresses the complexity, critique, and ambiguity of how to interpret and understand childrenâs rights and the four core principles of the crc,1 on different topics and from various angles. Chapter 1 explores ways in which we can understand the right to have rights for Swedish children abroad, prevented from returning to Sweden, and how childrenâs right to agency and residence, recognized in Swedish law as well as in international human rights, is implemented. Chapter 2 furthers the notion of welfare rights for children in Sweden; legal challenges are analyzed in how underlying assumptions and conditions limit the fulfilment of the right to an adequate standard of living for the most economically vulnerable children. According to the crc, children have participation rights and Chapter 3 discusses limitations of such rights in proceedings in custody cases and child abuse cases in Sweden due to the questioning of childrenâs competence and credibility. The assumption that children in conflict with the law are treated unbiased in Sweden is problematised through two legal case studies in Chapter 4. Lastly, in terms of childrenâs right to quality healthcare,
The second part of the volume addresses how we can understand the notions of justice, equality, and non-discrimination when it comes to children, and the role that ethical judgements play in theoretical and methodological studies on childrenâs human rights. Chapter 6 develops theoretical tools to analyse intersecting prejudice against children including age-based forms of discrimination; Chapter 7 concerns new ways of conceptualizing participation; Chapter 8 seeks to develop a more justice-oriented understanding of childrenâs human rights during childhood; Chapter 9 adds the problematization of what epistemic justice could mean in terms of childrenâs right to culture and the arts; and finally, Chapter 10 raises critical reflections on the methodological and ethical considerations in ethnographic research dealing with children in vulnerable situations.
Many of the examples touched upon in the chapters deal with the situation in Sweden, discussing Swedish law and court cases. Sweden can be seen in an international perspective as an interesting case of a welfare democracy in which the social and economic structure is supposed to create a safety net for children in vulnerable situations. Sweden ratified the crc in 1990 without any reservations, and in January 2020 the convention was incorporated into Swedish law. What this will mean more concretely remains to be seen. Even though Sweden is often described as one of the worldâs most child-friendly countries, the challenges when it comes to fulfilling and realizing childrenâs rights are many. This volume deals with some of them. Although the focus to a large extent is on Sweden, the discussions and findings in this book are of broader interest as the realization of childrenâs rights entails inherent challenges in any legal system.
This work would not have been possible without the close editorial collaboration that merged different fields of research on childrenâs rights including law, child and youth studies, and education. We would like to thank two foundation bases in Stockholm â JustitierÃ¥det Edvard Cassels stiftelse and Stiftelsen Juridisk Fakultetslitteratur, as well as the Vice Chancellor at Stockholm University for funding workshops and open access costs. Further, we want to extend our thanks to all the contributors in the volume and to language reviewer Peggy Oskarsson. We want to extend a special thanks to Pernilla Leviner, Professor in Public Law and Director of the Stockholm Centre for the Rights of the Child, Faculty of Law, Stockholm University, in her role as General Editor for the Stockholm Studies in Child Law and Childrenâs Rights for her valuable comments on the manuscript, together with Johanna Schiratzki, Guest Professor in Family Law at Stockholm University. Last, but not least, we wish to extend
The four principles are the right to participation, the best interests of the child, the right to life and development, and the principle of non-discrimination and equality.