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.

In 1947 a system of personal number was introduced in Sweden. Each individual who is registered in Sweden will receive a number by the National Tax Agency. The personal number consists of the year, month and day the person was born and four more figures of which the third figure refers to the sex of the person, male or a female. The system of personal number has been modified several times. For example a person who was borne outside Sweden had to have a personal number which started on 93-99. This was in 1990 removed due to the risk of discrimination. Globally you may find different kind of similar systems, but you may also find the opposite, a person who due to different reasons do not know or for other reasons do not want to reveal her or his age. The last situation has become a not unusual situation in Sweden in connection with the wave of refugees in autumn 2015. The uncertainty of the age of the person seeking for asylum has caused discussions on what methods to use when deciding a person’s age.  The question has also been raised in connection with criminal proceedings where the age of the suspect is decisive when deciding the penalty for a person found guilty of a committed crime and at the use of means of compulsion to examine the suspect person in order to understand whether he or she is under or above the age of criminal liability. The purpose of this paper is to elaborate over which impact the uncertainty of age in the criminal procedure may have on gender and diversity with focus on the situation where the suspect claim to be under the age of criminal liability.

In Sweden there is often controversy over the place of child victims, especially children victimized by witnessing domestic violence. In part, the confusion is due from the difficulties children have in expressing themselves and presenting evidence. It is also due to the fact that there is confusion regarding the medical and psychological effects of witnessing instances of domestic violence. Consequently, such children, although they are recognized as victims and are entitled compensation from the state, are not eligible to be awarded damages from the abuser. In fact, in one important Supreme Court case, the prosecutor argued that children that had seen and heard their father beat their mother should be considered an injured and molested party and thus entitled to qualify for the superior status of plaintiffs. The Court, however, ruled otherwise and dismissed the case. This presentation will present psychological findings to the effect that a child seeing or hearing a parent being beaten by the other parent has the same effect on the child as if the child himself or herself had been beaten. Additionally, it will present findings that early-age trauma may lead, later in life, to suffering from pains that cannot be verified by traditional medical means. With this body of psychological knowledge, the legal system should be better equipped to recognize children not only as victims but as full-fledged plaintiffs, and thus in the position to receive damages from the accused.

Background: Laws on compulsory commitment to care (CCC) in mental health, social and criminal legislation for adult persons with alcohol and/or drug dependence or misuse problems are constructed to address different scenarios related to substance use disorders. This study examines how such CCC laws in European states vary in terms of legal rights, formal orders of decision and criteria for involuntary admission, and assesses whether threelegal frameworks (criminal, mental and social law) equally well ensure human and civil rights.

Methods: Thirty-nine laws, from 38 countries, were analysed. Respondents replied in web-based questionnaires concerning a) legal rights afforded the persons with substance use problems during commitment proceedings, b) sources of formal application, c) instances for decision on admission, and d) whether or not 36 different criteria could function as grounds for decisions on CCC according to the law in question. Analysis of a-c were conducted in bivariate cross-tabulations. The 36 criteria for admission were sorted in criteria groups based on principal component analysis (PCA). To investigate whether legal rights, decision-making authorities or legal criteria may discriminate between types of law on CCC, discriminant analyses (DA) were conducted.

Results: There are few differences between the three types of law on CCC concerning legal rights afforded the individual. However, proper safeguards of the rights against unlawful detention seem still to be lacking in some CCC laws, regardless type of law. Courts are the decision-making body in 80 % of the laws, but this varies clearly between law types. Criteria for CCC also differ between types of law, i.e. concerning who should be treated: dependent offenders, persons with substance use problems with acting out or aggressive behaviors, or other vulnerable persons with alcohol or drug problems.

Conclusion: The study raises questions concerning whether various European CCC laws in relation to substance use disorder or misuse problems comply with international ratified conventions concerning human and civil rights. This, however, applies to all three types of law, i.e. social, mental health and criminal legislation. The main differences between law types concern legal criteria, reflecting different national priorities on implicit ambitions of CCC – for correction, for prevention, or for support to those in greatest need of care.

The Social Board of each municipality in Sweden is responsible forproviding care for children in need of it. A child may be placed with a foster family or in an institution, with or without its own or its parents’ consent. Most such placements are consensual, in which cases the child’s consent as well as that of its parents is required if the child is 15 or older (adulthood is deemed to begin at 18); the child’s views must be taken into account regardless of its age. The majority of placements are with foster families being considered the best alternative for a child who for whatever reason cannot remain with its parents. Recent revelations of child abuse in foster care environments have resulted in Swedish legislation on the subject undergoing certain amendments. An investigation of standing legislation on the approval and supervision of foster families makes clear that more needs to be done to prevent child abuse. Improvements must be made in specifying the requirements that need to be met in choosing a foster family; present legislation fails to state these with sufficient clarity. It is also proposed that the Social Board have not only the right but the obligation to inquire into any relevant criminal records and to take the findings of such inquiry into account in arriving at its decisions. It is further proposed that an independent professional supervisor should be brought in to oversee the selection process to better assure that the child’s best interests are being served.