Farliga patienter? Barns rättigheter och rättsliga ställning i den svenska patientlagen
Published in Nordisk socialrättslig tidskrift nr 27–28.2021, April 2021 s. 119–148
According to the Swedish Patient Act (2014:821) the patient’s autonomy and integrity is to be respected. But how is this to be understood in relation to child patients? With the Patient Act, provisions directed to child patients have come into force. That is, a provision stating the best interest of the child (PA Ch. 1, Sec. 8) and a provision stating that when the patient is a child, information should be given to the custodians as well (PA Ch. 3, Sec. 3). Also, a provision stating that the child’s view on the care and treatment in question should be clarified and taken into consideration in relation to age and maturity (PA Ch. 4, Sec. 3). This provision is complementary to a provision stating that care and treatment cannot be enforced without the consent of the patient (PA Ch. 4, Sec. 2). In the article three concepts are discussed: sufficently mature, the best interest of the child and the custodians’ decision-making power. These concepts are used in the preparatory work of the Patient Act, framing children’s rights and giving these rights meaning in relation to child patients. It is argued that these concepts give child patients both a vague and a weak legal position in the Patient Act, having negative consequences for the protection of the integrity of the child. In order to strenghten children’s rights and legal position as patients, it is suggested that the consent provision in the Patient Act also should encompass children.
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Förord
Published in Nordisk socialrättslig tidskrift nr 27–28.2021, April 2021 s. 1–4
LVU – på villovägar? Om stigbundenhet vid upphörande av tvångsvård (del II av II)
Published in Nordisk socialrättslig tidskrift nr 27–28.2021, April 2021 s. 47–84