De som avviker från samhällets normer - en studie om LVU i förhållande till mänskliga rättigheter

Sammanfattning: According to the swedish law for care of young peoples act (LVU), the social services can deprive the liberty from young people because of their ”socially degrading behaviour”, which could lead to compulsory care. This is possible up to the age of 20, even without approval. ”Socially degrading behaviour” is defined as a behaviour that is deviating from the social norms. Besides the rules about ”socially degrading behaviour”, Sweden is a part of European convention on human rights and fundemental freedoms (ECHR). According to this treaty everyone has the right to liberty as well as the right to their private life. This essay discusses the problems with the definition and interpretations of ”socially degrading behaviour” and why this section of swedish law is unlawful compared to the ECHR. The right to personal liberty and the right to a private life has some exceptions to permit the state to deprive nationals libertys in some cases. This exceptions are not compatible with the different definitions and interpretations of ”socially degrading behaviour”, with one exception, if the definition correspond with the interpretation of ”vagrancy”. Not only the many different definitions and interpretations of ”socially degrading behaviour” is unlawful to the treaty. The fact that the expression has so many definitions and a wide interpretation, is in itself unlawful to the treaty because exceptions from the treaty must be laid down in law. In the swedish law for care of young peoples act it is not obvious what kind of behaviour leads to deprivation of liberty. This is why the swedish law is not compatible with the ECHR.