The best interests of the child in Swedish courts : How Swedish courts construct the concept of the best interests of the child

According to the U.N. convention of the rights of the child, as well as Swedish law, the best interests of the child is to be a primary consideration in all actions taken concerning children. This study explores the concept of the best interests of the child [barnets bästa] in the Swedish judiciary in cases of compulsory care [LVU]. The aim of this study was to explore how the courts construct the concept of “the best interest of the child”, how the child’s gender affected the construction of this concept and how the child’s right to express their view in court affected the outcome. This was achieved by analyzing 35 cases of compulsory care using document- and content analysis with a constructivist perspective and theories of discretionary action and gender theory. The conclusions drawn from this study was that child protection is the key value for courts deciding the best course of action for the best interests of the child and that the child’s view was taken into account. However, the child’s statement seems to be of greater influence when it concurs with the court’s opinion. We could also see that the gender of the child mattered more for what kind of case they appeared in rather than the court’s decision on the best interests of the child