Visitationszoner – den svenska modellen – En studie av kroppsvisitation i brottsförebyggande syfte och visitationszoner i relation till skyddet för privatlivet i artikel 8 EKMR
'Stop and Search' Zones – the Swedish Way
Author
Summary, in English
The widespread gang violence and the use of weapons in public spaces are often focal points in Swedish political debate. Questions regarding which means and authorities the police have and should have are raised frequently and references to Denmark and their system with ‘stop and search’ zones are often mentioned in the discussions. A similar, but not identical, legislation to the one in Denmark has been brought before the European Court of Human Rights in the case Gillan & Quinton v. the United Kingdom. The court found that the legislation constituted a violation of the right to private life in article 8 ECHR.
This thesis is analysing, using a traditional Swedish legal method, the scope of the Swedish legislation regarding body searches and searches of vehicles with the aim of finding weapons in order to prevent criminal actions. Furthermore, the Danish legislation regarding ‘stop and search’ zones is examined in relation to article 8 ECHR and the case Gillan & Quinton v. the United Kingdom in particular. The final section of the thesis is analysing a potential Swedish legislation including ‘stop and search’ zones and what might be required to be included in such legislation in regard to the protection of private life in Regeringsformen and ECHR.
The Swedish legislation is mainly criticised for lack of clarity and predictability in terms of the scope of the current authorisation and discretion for the police. Based on the examination of article 8 ECHR and the Danish legislation one can conclude that there are several aspects that need to be included in a potential Swedish legislation regarding ‘stop and search’ zones. One of these in particular would be the clear requirement of an assessment of the necessity and proportionality with every given authorisation to meet the required standard set by ECHR, preferably subjected to a judiciary review.
This thesis is analysing, using a traditional Swedish legal method, the scope of the Swedish legislation regarding body searches and searches of vehicles with the aim of finding weapons in order to prevent criminal actions. Furthermore, the Danish legislation regarding ‘stop and search’ zones is examined in relation to article 8 ECHR and the case Gillan & Quinton v. the United Kingdom in particular. The final section of the thesis is analysing a potential Swedish legislation including ‘stop and search’ zones and what might be required to be included in such legislation in regard to the protection of private life in Regeringsformen and ECHR.
The Swedish legislation is mainly criticised for lack of clarity and predictability in terms of the scope of the current authorisation and discretion for the police. Based on the examination of article 8 ECHR and the Danish legislation one can conclude that there are several aspects that need to be included in a potential Swedish legislation regarding ‘stop and search’ zones. One of these in particular would be the clear requirement of an assessment of the necessity and proportionality with every given authorisation to meet the required standard set by ECHR, preferably subjected to a judiciary review.
Department/s
Publishing year
2019
Language
Swedish
Full text
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Document type
Student publication for professional degree (Master's level)
Topic
- Law and Political Science
Keywords
- Visitationszoner
- kroppsvisitation
- politirätt
- förvaltningsrätt
Supervisor
- Per Nilsén (Associate Professor)