INTRODUCTION

The various contributions in this book address situations of conflict between society and the child's family regarding what lies in the child's best interests. In these cases, from society's point of view, the child is exposed to a significant harm or risk of harm. Society's actions are based on state law. According to the parents’ understanding, on the contrary, the child is harmed or risks being harmed if the parents’ outlook on the issue is not respected, be it the manner in which the child is to be brought up, the shaping of the child's cultural or religious identity, the child's education, underage marriage, or circumcision of a boy child. The parents’ outlook is oft en based on a cultural or faith-based understanding of the issue, indicating that a normative system other than state law is relevant. In some cases, and in particular in cross-cultural marriages, only one of the parents has this frame of reference. The focus of the contributions is, consequently, on children with links to different cultures and faiths, in a European and particularly a Nordic (Scandinavian) context. The problems identified are, nevertheless, in no way unique to Europe and are addressed in a manner which can be expected to be of interest even outside this geographic context.

A core issue is how the legal system should respond to the increasing and no longer negligible normative diversity in society, in situations where majority values concerning children's welfare differ from minority values, and where the family's claim to decisional autonomy collides with state law. Cultural encounters take place today as never before, and the individuals concerned seek justice from a broader normative perspective than before. Expressed in more trendy language, the challenge is how the legal system should “navigate” between the competing claims and conflicting interests, having regard to the fact that the threatened values have gradually developed in society, alongside increased welfare and increased emphasis on the rights of women and children.