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International Journal of Law, Policy and the Family 2000 14(3):206-225; doi:10.1093/lawfam/14.3.206
© 2000 by Oxford University Press
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The best interests of the child in the Swedish Aliens Act

J Schiratzki

Faculty of Law, Stockholm University, S-10691 Stockholm, Sweden

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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