NST 39.2024
Förord
Udbetaling Danmark som digital forvaltning – om børnetilskud, digital kontrol og algoritmisk diskrimination
Abstract
This article highlights legal issues with the way the Danish public authority, Udbetaling Danmark, uses algorithms and machine-learning based models to control child benefit recipients. The article shows that there is algorithmic gender discrimination in the machine learning functions used by Udbetaling Danmark. At the same time, there is very limited access to the criteria that the system relies on to control social fraud. This is an issue of transparency.
Rättsliga ramar för socialtjänstens arbete med umgänge för barn i samhällsvård – praktiska svårigheter och eviga frågor i den svenska sociala barnavården
Abstract
This article investigates the legal framework of social services’ work with parental contact as well as contact with other significant persons for children, within the child protection system. The theme has been discussed in a Nordic context in recent years, especially in light of judgements from ECtHR, primarily involving Norway. In Sweden, however, there is a lack of legal scientific overview that comprehensively addresses this regulation. The intention in this article is to discuss how issues in the legal regulation may affect the social services’ practical application of the law. This discussion includes fundamental and eternal questions in child protection such as children’s participation, voluntariness and coercion, as well as perspectives on family and children’s close relationships. It is concluded that the social services’ have a responsibility for children’s relationships in a broad sense, including relations to family members as well as other close relationships. This responsibility also encompasses careful and difficult balancing between individuals’ right to private and family life and the child’s right to protection. The social services practical possibilities to assume this responsibility vary between different situations. In some cases, higher expectations are placed on the social services than what is reasonable based on the legal tools the authority has at its disposal. In other cases, the social services have extensive powers to decide coercively over individuals without sufficient legal safeguards.
NOK, en nationell ordning för kvalitetsutveckling i äldreomsorgen
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