Fostersyn och modersideal i LVM - En diskursanalys av LVM-domslut som berör gravida missbrukande kvinnor och deras ofödda barn

Sammanfattning: The aim of this study was to analyze different prominent discourses within Swedish compulsory care judgments (LVM) in relation to pregnant substance abusers and the unborn child, as well as examine how these different discourses relate to each other. The aim was furthermore to reveal existing expectations within the administrative law context in relation to the pregnant women and the unborn child. The method chosen for this study was a qualitative discourse analysis of 35 different LVM-cases from the administrative court in Sweden between the years 2013 to 2022. To analyze the results of the study discourse theory, power, gender and motherhood theory was implemented. Our main findings reveal that within the compulsory care judgments there exist three different discourses in relation to the unborn child. One discourse where the child is not viewed as a legal entity, one that claims that the fetus should be protected from the mothers abuse and one that portrays the unborn child as a motivation to get rid of the addiction. These discourses regarding the unborn child carries out a power conflict throughout the LVM-judgments to give the fetus its true meaning whereas the discourse chosen by the administrative court conquers due to their power advantage. Furthermore, in relation to the pregnant women two discourses were found. One discourse where the woman aims to live up to the standards of a good mother, and one that points out that the woman does not live up to the ideal of a good mother. Regarding the two discourses in relation to the pregnant women there is an overall consensus between the discourses about what a good motherhood is and that the woman, as a result of her addiction, does not live up to this ideal. The conclusions drawn by this study is that there is a divided view of the fetus in LVM judgments due to the conflict regarding the high value of children in Sweden and the fetus right to life, being set against the pregnant woman's right to self-determination and the lack of opportunity to protect an unborn child within the LVM legislation. Another conclusion drawn is that there exist societal ideas about how a woman and mother should be, which also affects how the pregnant woman is valued as a mother throughout the LVM-judgments.