Det fingerade samtycket - En granskning av den svenska steriliseringstraditionen under perioden 1935-1975

Detta är en Kandidat-uppsats från Lunds universitet/Juridiska institutionen; Lunds universitet/Juridiska fakulteten

Sammanfattning: For almost 40 years Sweden had a legislation that made it possible for the government to sterilize individuals, who lacked legal capacity, without their consent. 62.888 operations were performed during the years 1935 to 1975. The question I asked myself was whether or not there was any form of voluntary sterilization at all during this period. Voluntary sterilization was not possible between 1935–1941, due to the fact that the first sterilization law was based on force only. However, it was possible for individuals, during 1941–1975, to get permission to undergo sterilization based on their own initiative. Whether or not these voluntary operations were performed to please the state interests or the individuals is an enigma. This essay begins with a historical introduction to the subject and is then followed by a report where I account for two representations of the matter and also the representation in a governmental investigation. The main focus of my essay will be on their conclusions regarding the extent of compulsion in these performed operations. My own conclusion is that the interpretation of these applications can be different depending on your own position on the subject. It seems to me that it is impossible to get an exact number of sterilizations performed as a result of government force. According to me, to reach that accuracy, it would be necessary to actually ask everyone that was sterilized during that period whether or not they gave their consent to the operation. Every operation performed on an individual without consent is a result of state abuse and also a sign of governmental regulation that never should have occurred in the welfare state of Sweden. These operations constitutes examples of when the state entered peoples bedrooms and started to correct the reproduction of its citizens to promote society.

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