Styr normer om kön rättstillämpningen? En inblick i vad som menas med socialt nedbrytande beteende enligt LVU

Sammanfattning: This thesis examines if there are any differences depending on gender in interpretation of the procedural requirement ”socially destructive behaviour” in the LVU. Furthermore, if ethics and expectations about gender influence transpiracy and legal certainty in these cases. The purpose is to find out if there are moral codes and expectations about how a girl or a boy should behave, which are not attended as guidelines for interpretation, which inflicts upon the investigations in LVU. The major questions are: Does application of the law and legal certainty differ based on gender in interpretation of the procedural requirement ”socially destructive behaviour” in the LVU? Does codes and expectations, beyond the ones expressed in the legislative framework rules, influence the application of the law? To find answers to these questions I have studied theoretic models about law, codes and morality and also by performing interviews with rapporteurs at different Swedish administrative courts. The analysis result shows that different expectations about how boys and girls should behave inflicts on the application of the law and also on legal certainty. There are special codes for girls according to sexual behaviour which are historically accepted in the moral codes of society. These codes becomes a part of the application even though they are not expressed in the legislative framework.