En straffbar abnormitet? - En rättshistorisk utredning av arbetet mot avkriminaliseringen av homosexualitet.

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

Sammanfattning: Sweden is by today’s standards one of the safest countries to live in as a LGBTQ-person. The contemporary situation of our country has however, unfortunately, not always been a given. The route towards the safety of today has been long; a road/rout full of persecution, discrimination, hatred and degrading. Homosexuality was for the first time in Swedish law criminalized in 1864. Discriminations towards and the mistreatment of homosexuals had by then been going on for some time. In 1933 a motion was received by the Parliament with a claim of the decriminalization of homosexual acts. The motion was the starting signal for the eleven-year-long process that resulted in a decriminalisation. This thesis is intended to describe the development of this process in the light of the in 1944 adopted legislative reform. Moreover, the various reasonings and arguments in the inquiries put forward by the opposition will be examined. At the time, homosexuality was primarily considered to be a biologically conditioned phenomenon, but there was a consistent view of homosexuality as something that to some extent could also be developed through a social and psychological influence from the environment. Much of the facts that were relevant at the time have now been dismissed as scientifically incorrect, but at that time they were highly relevant and medically credible. The thesis will investigate the various protection interests that were given special attention in the discussions, the various alternative measures that were considered during the process and the general societal tone towards homosexuality. With a focus on the legal and political work that motivated the decriminalization of homosexuality in 1944, I intend with my essay to contribute to the reader's increased insight into our legal history.

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