English Legal Texts and Their Meaning

 


English Legal Texts and Their Meaning

The Social Services Act (Socialtjänstlagen - SoL) – Society's Responsibility and Parents' Access to Support

1. Society's Responsibility for Social Services (SoL, Chapter 1, Section 1):

  • Legal Text: "Social services shall, on the basis of democracy and solidarity, promote people's economic and social security, equality in living conditions and active participation in community life. Social services shall, with respect for people's self-determination and integrity, work to ensure they lead a good life."

  • What it means: This outlines the overall mission of social services. It means the municipality has a responsibility to provide citizens, including children and families, with the support they need to thrive and participate in society. Parents can turn to social services to apply for various forms of support, such as parenting programs or financial assistance. The child is entitled to this support if their needs cannot be met otherwise.

2. The Social Welfare Board's Responsibility for Children and Young People (SoL, Chapter 5, Section 1):

  • Legal Text: "The social welfare board shall work to ensure that children and young people grow up in safe and good conditions. The board shall, in close cooperation with families, promote an all-round personal development and a favorable physical and psychological development in children and young people. The board shall ensure that children and young people who risk developing unfavorably receive the protection and support they need and, if appropriate, contribute to them receiving care outside the home."

  • What it means: This is the core mandate of social services regarding children. They must actively work to ensure children are well and develop positively. If a child is at risk of harm, social services has a duty to investigate and offer protection and support. This should primarily be done in cooperation with the parents, but if the situation is serious, it may lead to care outside the home (e.g., LVU). The child has a right to this protection and support.

3. LVU (Act with Special Provisions on the Care of Young Persons):

  • Legal Text (briefly): LVU enables the social welfare board to decide on care for young persons without the consent of parents or the young person themselves (if over 15 years old) if there are serious deficiencies in home care (e.g., abuse, neglect) or if the young person's own behavior (e.g., substance abuse, criminality) poses a tangible risk to their health or development.

  • What it means: LVU is a coercive measure and a last resort. It is used when the child's best interest cannot be secured voluntarily. It is important to emphasize that LVU is not a punishment but a protective measure for the child. If parents severely fail in their responsibility and the child is suffering harm, society takes over the responsibility for the child's care and safety to give the child a chance at a better future. The child has a right to this protective care.

The UN Convention on the Rights of the Child (Barnkonventionen - BK) – The Human Rights of All Children

1. Non-discrimination (Article 2):

  • Convention Text: "States Parties shall respect and ensure the rights set forth in the present Convention to each child within their jurisdiction without discrimination of any kind..."

  • What it means: All children are equally valuable and have the same rights, regardless of their background, gender, disability, religion, or family situation. As a parent, you should treat all your children equally and not discriminate against anyone. The child has the right not to be discriminated against.

2. The Child's Best Interests (Article 3):

  • Convention Text: "In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration."

  • What it means: This is the most important principle of the Convention on the Rights of the Child. All decisions concerning children must primarily focus on the child's best interests. Parents, authorities, and legislators should always consider what is best for the child. The child has the right for their best interests to always be taken into account in all decisions concerning them.

3. Right to Life, Survival, and Development (Article 6):

  • Convention Text: "States Parties recognize that every child has the inherent right to life. States Parties shall ensure to the maximum extent possible the survival and development of the child."

  • What it means: Children have the right to live. Parents and society have a duty to provide children with the conditions to survive and develop to their full potential—physically, mentally, and socially. This means providing the basic prerequisites for a good upbringing.

4. The Child's Right to Be Heard (Article 12):

  • Convention Text: "States Parties shall assure to the child who is capable of forming his or her own views the right to express those views freely in all matters affecting the child, the views of the child being given due weight in accordance with the age and maturity of the child."

  • What it means: Children have the right to have their voice heard in matters that concern them. As a parent, you should listen to your child and consider their opinions, respecting their age and maturity. The older and more mature the child is, the more weight their views should carry. The child has the right to express themselves freely and have their opinions respected.




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