Vård som tvång - Har Sverige som stat en tradition av tvångsingripanden mot personer smittade med sexuellt överförbara sjukdomar och då särskilt HIV/AIDS?

Detta är en Uppsats för yrkesexamina på avancerad nivå från Lunds universitet/Juridiska institutionen

Sammanfattning: This essay means to determine if Sweden as a nation is a radical state when it comes to venereal diseases, especially HIV/AIDS. In order to investigate whether or not Sweden is a radical state a historical exposition of the interventions of the personal sphere through legislation will be made. Ever since the 1700th century, the Swedish state has paid for the medical care in exchange for the intrusion of the population’s personal sphere. Since the mid 1800s, compulsory care has been possible for people who would not willingly admit to care. Since then, compulsory care has been common in the Swedish health system. A brief description of the cholera epidemic, mental health system and addictive care will be made in order to determine if the venereal diseases were treated different and more radical than the non-venereal diseases. In the 19th century, cholera killed around 37,000 people in Sweden. The disease was highly contagious and spread through the poorly constructed water system. In order to stop the spread towns were sealed and infected people were locked in their houses. The mentally ill have since the mid 1800s been object for invasive legislation. Since then they have been institutionalised, sterilized and lobotomised for the states wellbeing. Addictives have also been object for invasive legislation. When HIV/AIDS was brought to people’s attention in the US in 1980, no one in Sweden gave any notice to it. Not until February 1982 was the first article on the matter published. Thereafter came the public panic, partly because no one knew how the disease spread and partly because the lack of cure and medicine. To hinder the spread, laws and bans that were directed specifically towards the gay community were founded. The bathhouse-law was founded in order to stop men having unprotected sex with other men in anonymous surroundings. A new law concerning disease control came a few years later that was remade in order to include the HIV-virus and gay men was not allowed to donate blood anymore. The bathhouse-law is now void and the law of disease control have been updated once more with less impact of the HIV-virus but the restrictions surrounding blood donations remains.

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