Participation of the child in compulsory care decisions

It is a political goal in Sweden to improve the legal status of the child. This is reflected in the social child and youth care legislation where measures have been taken to develop an increased child rights element. The child's participation forms part of such a child rights element. Participation is about being involved and having a voice in decisions on matters concerning the individual. The right of the child to participate in decision-making processes is based on both respect for and recognition of each child as a person with rights. The legal meaning is that the views of the child should be systematically taken into account in decisions affecting the child. The thesis project investigates the child's right to participation under the Act (1990:52) with special provisions on the care of young people (LVU). The child's participation must be ensured in the legal process, but at the same time the child has both a limited capacity for legal action and a limited self-determination, which has different consequences for the child. The project examines the various legal and ethical issues that arise in relation to children's rights and their legal status in a compulsory care context. What does it mean for a child to have a right to participate in a court process? What does it mean that a child should be involved in decision-making? From a legal security perspective, it is important to investigate issues related to how the child's participation and involvement can be realized and respected while achieving the fundamental purpose of the compulsory care legislation to protect the child.