SYNS VI I SVERIGE?
En rättssäkerhetsstudie om barn i migrationsprocessen
The current thesis is on the rule of law and how the principles of the rule of law are met in thenew Swedish migration process. The migration process has been subjected to criticism duringseveral years and on different occasions. The migrations process is viewed through a ?rightsof the child? perspective, foremost to seek if the rights of the child are met. The children are avulnerable group, not the least in the process of migration. Often tragic and traumatic eventsforce the child to seek protection or settlement in another country. These children, along withall children, have certain rights ? through international conventions, national law and groundprinciples from the rule of law. Such a right is, among others, the best interest of the child,which aims to pervade the process as a whole.The Swedish Migration Board (Migrationsverket) has been criticized for not fully meeting thestandards of the best interest of the child. Investigations taken by the Swedish MigrationBoard as a part of the application process are often incomplete. The investigations lack childspecific matters that can be decisive in the oncoming judgment. Other aspects of the processare the lengthy and time-consuming investigation and administration before judgment as wellas the problem with inadequate identification documents regarding children from Somalia.The inadequate documentation makes it impossible for the children of Somalia to reunite withtheir relatives living in Sweden, due to the legal development.The migration process is compared with fundamental rule of law principles, in order todetermine whether the process respects these principles or not. The area of migration has itsflaws; no area in the governmental system is perfect. But with the new migration processthere are new possibilities to fully comply with the ground principles of the rule of law andfor the process to be legally certain.