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1980, pp. 545 et seq. (translation from the Swedish).
The Parliamentary Standing Committee on Social Questions stated:
"An important point of departure for the reform of the social services is that salient features in the handling of
individual cases should be respect for liberty and the right of the individual to decide about his own life. The aim of the
social services should be to co-operate with the client as far as possible, in order to make him take part in decisions as to
the planning of treatment and make him co-operate actively in carrying it out. The social services should offer help and
support, but not take over the individual’s responsibility for his own life. Personal initiative and responsibility must be
made part of care and treatment. In this manner the social services may work more actively in a preventive way, and the
opportunity to achieve more long-lasting results will be improved.
This fundamental principle of the new legislation has been laid down in section 9 of the Social Services Bill, which
stipulates that the measures taken by the Social Council in regard to any individual person should be conceived and
carried out in co-operation with the person concerned. Consequently, all social services’ opportunities to use coercive
measures on adults have been abolished. It is true that, regarding young people and children, the possibility of providing
care outside their home contrary to the wishes of the young person or his parents is retained. In this field too, the reform
means, however, that the right of the individual to be a party to those decisions that concern his own fate is more
strongly stressed. The individual should be able to turn to the social services confidently and ask for help, without
risking undesired effects in the form of various coercive measures.
At the same time there is unanimity in considering that in certain cases society must be able to use coercive measures
against an individual, whenever this is needed to avoid an immediate risk to somebody’s life or health."
The Minister of Health and Social Affairs stated:
"Section 1, second paragraph, point 1, indicates that one ground for measures on the part of society is that lack of care
for a young person in his home or some other situation in his home constitutes a danger to his health or development.
This rule refers to situations where the young person does not receive sufficient care in his home or is exposed to
treatment in his home that means there is a danger to his mental or physical health or to his social development. By the
word ‘home’ is to be understood the home of the parents, as well as any other home where the young person is residing
permanently. Under this description come, inter alia, cases where the young person is subject to maltreatment in his
home. Even a slight degree of maltreatment must be supposed to cause danger to the health or development of the young
person. If, in such a case, the parents oppose such measures as the Social Council may consider necessary to assure the
protection of the young person, application of the law may come into focus. In case there has been maltreatment of a
more serious kind, the young person should as a matter of course be provided with care outside his home, at least for
some time.
As with the 1960 Act, this provision may also be applied in those instances where the parents intend to place the
young person in an environment that will endanger his health or his development, or where they do not prevent him
from being in such an environment.
This section thus embraces all those situations where the child is being exposed to physical maltreatment or negligent
care. This legislation may also be applicable if parents endanger the mental health of a child by their personal
characteristics. If the child’s mental health or development is being endangered because of parental behaviour - for
instance, by way of continuously recurring scenes at home owing to abuse of alcohol or narcotics - or because of the
mental abnormality or state of the parents, it should be possible to provide care for the child under this Act.
...
The Act is primarily aimed at enabling the social services to provide for the young person’s need of care. It is the
current need of care, and what can be done at the moment and in the future to see to it that this need is met, that will
govern the measures taken by the Social Council. As I have pointed out in my general statement concerning this Bill,
this legislation can, however, not be used to provide for society’s need for protection. It is a different matter that, in
those instances where a young person needs to be taken into care according to this Act, this measure will also have the
effect of protecting society.
The Social Council is to take appropriate measures as soon as it considers that a situation such as has been indicated in
the second paragraph under points 1 and 2 arises. It may, for instance, have come to the knowledge of the Council that a
child is being exposed to unsuitable treatment or even to actual danger at home. During an inquiry the situation may
appear to be such that the child ought to be provided with care outside his home. The Council should then in the first
place try to meet the need for care by reaching an understanding with the parents. In case the parents and the Council
cannot reach an agreement as to the question of how the child should be cared for, the Council must turn to the County
Administrative Court to obtain a decision on care under the Act, with an inherent authorisation permitting the Council to
make decisions regarding the way in which the care should be implemented."
http://cmiskp.echr.coe.int/tkp197/viewhbkm.asp?sessionId=60525252&skin=hudoc-en&a... 10/13/2010