BazEkon - The Main Library of the Cracow University of Economics

BazEkon home page

Main menu

Author
Nordlöf Kerstin (Orebro University)
Title
The Autonomy of the Family as an Obstacle in Preventing and Identifying Assault of Children
Source
Horyzonty Wychowania, 2017, vol. 16, nr 37, s. 45-58, bibliogr. 3 poz.
Horizons of Education
Issue title
The Autonomy of the Family in the Modern World
Keyword
Przemoc w rodzinie, Dzieci, Autonomia lokalna
Violence in the family, Children, Local autonomy
Note
summ.
Country
Szwecja
Sweden
Abstract
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.(original abstract)
Accessibility
The Main Library of the Cracow University of Economics
Full text
Show
Bibliography
Show
  1. Landberg, Å. & Svedin, C.G. (2013). Inuti ett Barnahus. En kvalitetsgranskning av 23 svenska verksamheter, A quality review of 23 Swedish Barnahus. Rädda Barnen.
  2. Parkes, A. & Santos Pais, M. (1997). Children and International Human Rights Law: The Right of the Child to be Heard. Geneva: United Nations.
  3. Sandén, Å. (1996). Barn och aga. En undersökning om vuxnas och högstadieelevers inställning, erfarenheter och kunskap. Statistiska centralbyrån, Demografiska rapporter 1996:1.1. Örebro.
Cited by
Show
ISSN
2391-9485
Language
eng
URI / DOI
http://dx.doi.org/10.17399/HW.2017.163703
Share on Facebook Share on Twitter Share on Google+ Share on Pinterest Share on LinkedIn Wyślij znajomemu