In this qualitative study of text documents, 23 cases reported to the Swedish Schools Inspectorate are analysed through a theory of the ideal crime victim. The results show that expectations of the victim's passivity are the same for the ideal victim of aggression in Swedish schools as for the ideal crime victim. Legitimacy as a victim in school conflicts, however, requires social normality, not weakness. The study highlights that Swedish school staff need awareness that hostile acts, according to the Swedish Education Act, are not necessarily diminished if they take place as part of a mutual conflict. Schools should therefore focus on matching measures with problems without searching for moral innocence in the exposed child. The study also shows that assessment strategies to clarify matters such as repeated aggression and power imbalance need to be developed.
This study conducts an analysis of the rights in article 8 of the ECHR and the application of the proportionality principle when Swedish care orders may be regarded as a necessary interference in family life. The study has been based on an interdisciplinary approach. Text documents
were studied through socio-legal methods and perspectives, by combining knowledge from legal sources and social sciences research through a content analysis derived from formal and substantive legal certainty. The article concludes that reasoning in Swedish administrative courts should routinely
consider proportionality in cases of neglect, and sets out to sketch a theoretical framework for the principle of proportionality in decisions on care orders. The results show that, since decisions in child welfare cases cannot be made completely uniform and predictable, the focus of decisions
in social child welfare work must be to satisfy the objectives and values of substantive legal certainty, instead of unrealistically striving for formal legal certainty through equal treatment and predictability. The results also show that, by requiring those who exercise public authority
to present their assessments based on proportionality, new demands are made for the quality and efficiency of involuntary out-of-home placements. Child welfare investigations should nowadays include impact assessments that clarify the advantages and disadvantages of the care in relation to
the risk of harm from the original home conditions. Abuse and neglect in out-of-home placements will therefore be of growing importance in decisions on care orders in the future.
I barnavårdsärenden är det ibland centralt hur nu- och dåtid kopplas till en prognos baserad på kunskaper om risker. I denna artikel undersöks relationen mellan bakgrunds-, prognos- och kunskapspåståenden i utredningar och domar som rör tvångsomhändertaganden till följd av brister i omsorgen om barn i familjer där någon förälder har kognitiv funktionsnedsättning.
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