Children's rights in Swedish judiciary: A qualitative study of the construction of the child's best interest with a particular focus on the child's participation and exposure to violence in court cases.

Abstract

The purpose of this study is to investigate the human rights of children in the Swedish judiciary. Specifically, it examines how the child's best interests are constructed and how children's participation and exposure to violence are presented in court cases relating to custody, residence, and contact. The study used a thematic content analysis as its methodological approach, underpinned by the theoretical framework of social constructivist theory. The study identified several themes that influence the construction of the child's best interests, as well as the presentation of children's participation and exposure to violence. However, the findings suggest that this is subject to the court participants' subjective reality, which includes culture and previous experiences, as well as the discourse in which this is determined and whether the language is interpreted. The study concludes that the social constructivist aspect challenges the normative nature of children’s rights, thus suggesting further research that involves this perspective.