Journal Article

The best interests of the child in the Swedish Aliens Act

J Schiratzki

in International Journal of Law, Policy and the Family

Volume 14, issue 3, pages 206-225
Published in print December 2000 | ISSN: 1360-9939
Published online December 2000 | e-ISSN: 1464-3707 | DOI: http://dx.doi.org/10.1093/lawfam/14.3.206
The best interests of the child in the Swedish Aliens Act

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According to the Swedish Aliens Act the best interests of the child should be considered in all cases regarding children. Drawing on an extensive investigation of case law, this paper analyses the impact of the principle of the best interests of the child on alien children's prospects of obtaining residence permits in Sweden. On a more theoretical level is discussed how the best interests of the child are construed in connection with residence permit decisions. It is suggested that the principle of the child's best interests is implemented, not as an open concept allowing for a holistic assessment of the individual child's situation, but rather as a traditional legal rule following the interpretations laid down foremost in the travaux préparatoires.

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Subjects: Family Law ; Marriage and the Family

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