Tvångsvård av gravida missbrukare : En granskning av behovet av en tvångsvårdslagstiftning för gravida missbrukare och frågan om det ofödda barnets rättsliga ställning

Sammanfattning: Women who abuses alcohol or drugs during pregnancy risk to in different ways harm their unborn child. Diseases - and injury symptoms such as fetal alcohol syndrome, underweight and abstinence are consequences that can be related to the pregnant woman’s addiction. According to swedish law, LVM, there is a possibility to committ alcohol- and drug addicts to compulsory institutional care. However, this can only take place when the reason for the deprivation is to protect the mother from harm, not the fetus. The overall purpose of this thesis is to look into the legal status of the fetus and to investigate whether there is a need for a legislation that allows compulsory institutional care for pregnant addicts. The thesis is a legal dogmatic study. The bill that was presented in 2009 featured a supplement to existing legislation, where compulsory treatment could be initiated if there was a substiantial risk of harm to the fetus due to addiction. The main concern regarding this type of legislation is how it will effect the pregnant woman’s right to freedom and right of self-determination in relation to the fetus interests. Problems have primarly affected the perception of the fetus legal status and lack of values that determine when birth defects occur.  In Norway the government has managed to legislate in this matter and have a similar rule regarding compulsory institutional care of pregnant addicts. The preventive measures available today are mainly long-term, and for those pregnant women who already suffers from addiction, the aid often arrives too late. A need for such legislation seems to be useful to some extent, but not necessarily the same legislation as the one in the bill from 2009.