The purpose of this study is to examine how social workers´ in child protective services, and staff working within Swedens´ National Board of Institutional care institutions, so called SiS (Statens institutionsstyrelse) experience the effect coercive care and coercive measures have on young people placed in SiS-institutions. A vast majority of the youths placed in SiS-institutions, are placed there by coercion. While placed at the institution, the staff working there, has the right to perform coercive measures if necessary. The media in Sweden has reported a number of mistreatment and abuse going on within the institutional walls during recent years. But not much focus is put on the effect of the design of the SiS-instititutions, in terms of the coercive character of the institutional care. With a qualitative approach, this study presents an analysis of empirical data, collected from five semi stuctured interviews, with both social workers, working with placement of youths to SiS-institutions, and staff working in the SiS-institutions. The empirical data has shown that the social workers who works with placing youths at the SiS-institutions, generally don´t believe in institutional care as a concept, and that social workers working with placement to SiS-instiitutions generally are very aware of the negative consequences of placing a young person in an institution. The interviews also showed that the social workers generally don´t see positive results in terms of behavioural changes after the placement. When interviewing staff working in the SiS-institutions about coercive measures, the interviews showed that the staff had a lot of room for action, even though they are often lacking relevant education and experience. This in turn increases the risk of having to perform coercive measures, which both testimonies of youths placed in SiS-institutions, and research have shown has a harmful effect for the youths. The data has been analyzed with theories that touch on the subject of power, and social workers room for action. The main conclusions are that the social workers experience of the effect of coercive care at SiS-institutions, is that it in the majority of the cases has no effect, or the effect of making the youths situation worse. Regarding coercive measures, the empirical data collected from the staff working in SiS-institutions, showed that staff experienced the youths as discouraged from behaving against the rules in the institutions, so that they can avoid being the target of coercive measures. But that coercive measures is also uses as a tool by the staff to set boundaries, and create a trusting relationship between staff and the youths placed in the institutions. Although staff describe coercive measures as somewhat of a tool, it can not be ignored that reasearch, testimonies in the media and empirical data also shows that the youths can feel and behave worse when being the subject of a coercive measure.

<p>Compulsory treatment is regulated by the Care of Alcoholics and Drug Abusers Act (LVM; 1988:870), and aims, among other things, at motivating addicts to treatment. Research has, up til now, mostly disregarded the client-perspective on compulsory measures. This dissertation has its starting point in the experiences of 54 alcohol- and drug addicts. The intention is to describe and analyse their view on coercive care and the possibilities to become motivated for change and/or voluntary treatment in such a context.</p><p>A central question during the interviews (which took place at five different institutions for compulsory commitments) is the addicts´ problem recognition, desire for help and willingness to participate in treatment. These dimensions are also illuminated quantitatively by use of a questionnaire. The results of this questionnaire form the basis of a division of the addicts into three groups with varying de-gree of treatment motivation. Comparisons between the groups are done with reference to the evaluation of present treatment context and of the institutions’ efforts to enhance motivation. In addition to this the groups are compared regarding how they perceive limita-tions in their freedom of action.</p><p>The results showed that the three groups had different motiva-tional structures. The “least motivated” stated that the addiction was not their major problem and wanted no help with that aspect of their lives. The “middle-group” claimed to have alcohol-/drug problems that, however, were not too serious. They were not sure that the coercive care was adequate for their situation. The “most motivated” said that they had vast problems with their addiction, were help-seeking and satisfied with having the chance to participate in any kind of treatment program at all. Less differences between the groups were noticeable when it came to a direct evaluation of com-pulsory treatment. The majority reported that they, through the co-ercion, had been exposed to violations of their autonomy. Whether motivated for treatment or not, the interviewees were also sceptical about the possibilities of the institutions to enhance motivation among the incarcerated addicts.</p><p>In the dissertation, addiction and motivation is furthermore dis-cussed from the perspective of rational choice and motivational the-ory. It is concluded that committed addicts think and act strategically in order to maximise their personal use of involuntary incarcerations. It is also asserted that their view on what happens during commit-ment, in some respects, is opposed to the “establishment’s”. For instance, the addicts claim that you don’t become motivated by way of compulsory treatment, while the opposite of their notion form the basis of the legislation.</p>

Compulsory treatment is regulated by the Care of Alcoholics and Drug Abusers Act (LVM; 1988:870), and aims, among other things, at motivating addicts to treatment. Research has, up til now, mostly disregarded the client-perspective on compulsory measures. This dissertation has its starting point in the experiences of 54 alcohol- and drug addicts. The intention is to describe and analyse their view on coercive care and the possibilities to become motivated for change and/or voluntary treatment in such a context. A central question during the interviews (which took place at five different institutions for compulsory commitments) is the addicts´ problem recognition, desire for help and willingness to participate in treatment. These dimensions are also illuminated quantitatively by use of a questionnaire. The results of this questionnaire form the basis of a division of the addicts into three groups with varying de-gree of treatment motivation. Comparisons between the groups are done with reference to the evaluation of present treatment context and of the institutions’ efforts to enhance motivation. In addition to this the groups are compared regarding how they perceive limita-tions in their freedom of action. The results showed that the three groups had different motiva-tional structures. The “least motivated” stated that the addiction was not their major problem and wanted no help with that aspect of their lives. The “middle-group” claimed to have alcohol-/drug problems that, however, were not too serious. They were not sure that the coercive care was adequate for their situation. The “most motivated” said that they had vast problems with their addiction, were help-seeking and satisfied with having the chance to participate in any kind of treatment program at all. Less differences between the groups were noticeable when it came to a direct evaluation of com-pulsory treatment. The majority reported that they, through the co-ercion, had been exposed to violations of their autonomy. Whether motivated for treatment or not, the interviewees were also sceptical about the possibilities of the institutions to enhance motivation among the incarcerated addicts. In the dissertation, addiction and motivation is furthermore dis-cussed from the perspective of rational choice and motivational the-ory. It is concluded that committed addicts think and act strategically in order to maximise their personal use of involuntary incarcerations. It is also asserted that their view on what happens during commit-ment, in some respects, is opposed to the “establishment’s”. For instance, the addicts claim that you don’t become motivated by way of compulsory treatment, while the opposite of their notion form the basis of the legislation.

När en socialsekreterare ska utreda en klient enligt Lag om Vård av Missbrukare i vissa fall (LVM) behöver denne ta ställning utifrån många olika perspektiv. Syftet med denna studie var att ge kunskap om LVM-ärenden ur socialsekreterarens perspektiv samt att belysa deras tankar, uppfattningar och erfarenheter av LVM-handläggning. Undersökningens empiriska material grundar sig på kvalitativa semistrukturerade intervjuer med åtta socialsekreterare. För att kunna tolka och analysera vårt material använde vi oss av utilitarismen och det salutogena perspektivet som tolkningsram. Resultatet visar på att socialsekreterarna upplever både för- och nackdelar i arbetet med lagstiftningen. Socialsekreterarna upplever handläggningen av LVM-ärenden likt ett dilemma. Socialsekreterarna anser att lagen är nödvändig då de i avsaknad av denna skulle känna en stor maktlöshet av att inte kunna ingripa i allvarliga situationer där klienten riskerar att avlida till följd av sitt missbruk. De anser även att tillämpningen av lagen medför stora inskränkningar i den enskilda klientens integritet och att klienten i mötet riskerar att bli kränkt utan noga eftertanke från socialsekreterarens sida. Resultatet visar även på att socialsekreterarna så långt som det är möjligt respekterar klientens autonomi men att autonomin vid fråga om liv och död måste förbises. / There are many different perspective to take under consideration when a social secretary is about to investigate a client according to the Law on Care of Addicts in certain cases (LVM). The purpose of this study was to provide knowledge, from a social secretaries perspective, about their thoughts, perceptions and experiences of the LVM-process. The studies empirical material was based on qualitative semi-structured interviews with eight social secretaries. We used the utilitarianism and the salutongenic perspective, sense of coherence as interpretative framework to analyze and interpret our empirical material. The result shows that social secretaries experiences about the legislation have both advantages and disadvantages. They feel that LVM-processing is like a dilemma. Social secretaries think that the law is necessary for them to be able to intervene in serious situations when the clients are likely to die as a result of their addiction. They also feel that the application of the law entails large restriction for the clients individual integrity and that the client, without careful consideration from the social secretary´s side, risk to be violated. The result also shows that the social secretaries, as far as possible, wants to respect the client´s autonomy but it must be overlooked in matter of life and death.

No description available.

Bakgrund: Främsta syftet med tvångsvård är att skydda patienten från att skada sig själv eller andra. Patienter som vårdas under tvång inom psykiatrisk slutenvård har begränsad möjlighet att påverka och vara delaktiga i sin vård. Syfte: Att belysa patienters upplevelser av att vårdas under tvång i den psykiatriska slutenvården. Metod: En litteraturöversikt har genomförts. Nio vetenskapliga artiklar analyserades enligt en femstegsmodell. Artiklarna hämtades från databaserna Cinahl och PsycInfo. Resultat: Det framkom både positiva och negativa upplevelser av att vårdas under tvång. Upplevelserna sammanfattades i tre teman: Avsaknad av information och kontroll, Önskan om förståelse istället för försummelse och Insikt om tvångsvårdens nödvändighet. Konklusion: Vårdpersonalens attityder och bemötande är avgörande faktorer för hur patienter upplever tvångsvården. / Background: The main purpose of coercive care is to protect patients from injuring themselves and/or others. Patients treated under coercive care in psychiatric care have limited possibilities to influence and participation in their care. Aim: To illuminate patients' experiences of being cared for in locked psychiatric care. Method: A literature review was conducted. Nine scientific articles were analyzed following a five-step model. The articles were retrieved from the databases Cinahl and PsycInfo. Results: There were both positive and negative experiences of being cared for under coercion. The experiences were summarized in three themes: Lack of information and control, Wishing for understanding instead of neglect and Insight into the necessity of compulsory care. Conclusion: The attitudes and treatment of caregivers are crucial factors in how patients experience compulsive care.

Studiens syfte är att undersöka hur förarbeten gällande tvångsvård för personer med missbruksproblematik konstruerat dessa personer över tid och vad som framställs som viktigt i tvångsvården av individer med denna problematik, samt hur tvångsvård har rättfärdigats i dessa förarbeten. Studien är en dokumentstudie med en kvalitativ innehållsanalys, och materialet består av proposition till 1913 års Alkoholistlag, SOU till 1988 års LVM och Samsjuklighetsutredningen från 2023. Bearbetningen av materialet resulterade i tre teman: Medikalisering av missbruk, Missbruk som samhällelig och social avvikelse samt Rättfärdigandet av tvångsvård och dess syfte. Resultat och analys visar att konstruktionen av personer med missbruksproblematik har förändrats. I proposition till Alkoholistlagen framhålls moralism och bristande karaktär som ett kännetecken för personer med missbruksproblematik. LVM-utredningen konstruerar att personer med missbruksproblematik inte vet sitt eget bästa i relation till vårdbehov. Samsjuklighetsutredningen konstruerar personerna som självständiga aktörer med inflytande över sitt liv och sitt vårdbehov. Den sociala och medicinska vårdens roll skiljer sig också mellan förarbetena. Propositionen till Alkoholistlagen framställer missbruksproblematik som en sjukdom som behöver botas, LVM-utredningen framställer ett helhetsperspektiv på missbruk med sociala skadeverkningar och Samsjuklighetsutredning påvisar en medikalisering av missbruk där det benämns vara en beroendesjukdom. Samtliga förarbeten framställer missbruk som ett samhälleligt problem. Propositionen till Alkoholistlagen benämner även missbruk som en samhällsfara. LVM-utredningen benämner missbruk som ett socialt problem, och Samsjuklighetsutredningen benämner det vara främst ett medicinskt problem. Tvångsvård rättfärdigas av samtliga förarbeten som en nödvändig och livsuppehållande åtgärd.

The Universal Declaration of Human Rights and Fundamental Freedoms and the International Covenant on Economic, Social and Cultural Rights state that everyone has the right to good health. According to the conventions, the states have obligations to prevent and combat disease, and if necessary, ensure that the conditions for treatment of the disease are appropriate (UDHR 1948, UNCESCR 1966). The broad wording in the conventions on the right to good health includes the right to care of substance use disorders. In the 1960ies the World Health Organization recommended, that people with such disorders should be seen as sick and that the legislation governing such care should be in accordance with special administrative legislations and not criminal legislation. The recommendation indicates WHO:s clear position that persons with substance use disorders primarily should be treated as persons suffering from disease and in need of care, and not primarily as disruptive individuals or criminals who should be disciplined or punished. This applies also to situations when treatment and care cannot be provided on a voluntary basis, but compulsorily. In Swedish context, the most commonly mentioned law in these cases is the social special legislation Law (1988: 870) on care of misusers, special provisions (LVM). Ever since the implementation of LVM in 1982, its legal position as well as application in institutional care has been subject of critical discussions within social work as well as in social science research. Such debate in the Nordic countries has until now mostly been marked by two important limitations. First, most comparisons are restricted to very few countries, e.g. four of the Nordic countries; secondly the notion of involuntary care is often limited to social legislation on compulsory care without taking criminal justice legislation or mental health legislation into account. The present dissertation studies legislations on compulsory commitment to care of persons with substance use problems (CCC), and compares these legislations from a larger number of countries, on global or European levels. This approach makes it possible to explore the great variation in CCC legislation between countries, i.e. type of law (criminal justice, mental health care and social or special legislation),  time limits (maximum duration) as well as levels of ambition, ethical grounds, criteria for admission, and adaption to human and civil rights.  In addition, the comparisons between many countries are used to investigate factors related to different national choices in legislations from country characteristics, e.g. historical and cultural background as well as economic and social conditions, including level and type of welfare distribution. Available datasets from different times permits trend analyses to investigate whether CCC or specific types of such are increasing or decreasing internationally.          Empirical materials: Article I is based on three reports from the WHO on existence of CCC legislation, before the millennium shift, in 90 countries and territories in all populated continents. Articles II and IV are based on own data collection from a survey in 38 European countries. Article III uses a combination of those data and additional information from country reports in scientific and institutional publications in three times of observation during more than 25 years, and including a total of 104 countries. Additional data for Articles I and II are information on various countries' characteristics obtained from different international databases.          Findings based on data from WHO reports at the eve of the millennium show that CCC legislation was very common in the world, since 82 per cent of the 90 countries and territories had such law. Special administrative (“civil”) legislation (mental health or social) was somewhat more prevalent (56 %), but CCC in criminal justice legislation was also frequent and present in half of the countries. The study shows that economically stronger countries in the western world and many of the former communist countries in Eastern Europe, the so-called "first and second worlds" in cold war rhetoric, more often had adapted to the recommendations made by WHO in the 1960ies, with CCC more often regulated in civil legislation. In the so-called "third world" countries, CCC in criminal justice legislation dominated. The new data collection from 38 European countries ten years later confirmed that legislation on CCC is very common, since 74 per cent of the explored countries have some type of legislation. The most common type was now CCC in criminal legislation (45%), although special administrative legislation (mental health or social) was almost equally common (37%). Special administrative legislation on CCC (both acute and rehabilitative), was more common in countries with historic experience of a strong influential temperance movement, and in countries with distribution of health and welfare more directed through the state, while countries with less direct government involvement in distribution of health and welfare and lacking former influence of a strong temperance movement more often had CCC in criminal justice legislation. During all the 25 years period from early 80ies up to 2009, it was more common for countries to have some type of law on CCC than not, although some reduction of CCC legislation is shown, especially during the last decade. But within countries having CCC, more cases are compulsorily committed and for longer time duration. This is related to a global shift from civil CCC to CCC in criminal justice legislation, directly in the opposite direction from what WHO recommended in the 60ies. Changes in CCC legislation are often preceded with national political debate on ethical considerations, and criticisms questioning the efficiency and content of the care provided. Such national debates are frequent with all types of CCC legislation, but ethical considerations seem to be far more common related to special administrative (civil) legislation. National legislations on CCC within Europe should conform to the human and civil rights stipulated in ECHR (1950). There seems, to be some limitations in the procedural rules that should protect persons with misuse or dependence problems from unlawful detentions, regardless type of law. The three types of law differ significantly in terms of criteria for CCC, i.e. the situations in which care may be ensured regardless of consent.        Conclusions: It is more common that societies have legislation on CCC, than not. This applies internationally – in all parts of the world as well as over time, for a period of 25 years, at least. Sweden’s legislative position is not internationally unique; on the contrary, it is quite common. Law on CCC tend to be introduced in times of drug epidemics or when drug-related problems are increasing in a society. Changes in CCC legislation are often preceded by national debates on ethics, content and benefits of such care. These findings here discussed may reflect different concurrent processes. A shift from welfare logic to a moral logic may be understood as more moralization, perhaps due to relative awaking of traditionalism related to religious movements in various parts of the world (Christian, Hindu, Muslim or other). But it may also be understood from more libertarianism that stresses both individual responsibility for one’s welfare and the state´s responsibility to discipline behaviours that inflict negatively on the lives of others. Possibly do these two tendencies work in conjunction to one another. At the same time, however, there is a stronger emphasis on care content within criminal justice CCC, especially in the Anglo-Saxon drug court system. Some shift within Civil CCC is also noticed, i.e. from social to mental health legislation. Thus drug abuse and dependence is increasingly more recognized and managed in the same way as other diseases, i.e. an increased normalization. Since social CCC has been more in focus of research and debates, this may also result in CCC turning into a more hidden praxis, which from ethical perspectives is problematic. The thesis shows that there are examples of focus on humanity and care in all three of the law types, but there are also examples of passive care, sometimes even inhumane and repressive, in all types. Thus, type of law cannot be said to in general correspond to a specific content of care. Although CCC can be delivered in accordance with human and civil rights, there is still a dissatisfying situation concerning the procedural rights that should ensure the misuser his/her rights to freedom from unlawful detention. The possibility to appeal to a higher instance is missing in about 20 percent of European CCC laws, although not differentiating one type of legislation from the others. A clear difference between the three law types concerns criteria that form the basis for who will be provided care according to the laws. This is of major importance for which persons of the needy who will receive care: addicted offenders, out-acting persons or the most vulnerable. The criteria for selecting these relate to the implicit ambitions of CCC – correction, protection, or for support to those in greatest need for care. The question is what ambition a society should have concerning care without consent in case of substance abuse and addiction problems. The trend that CCC according to special administrative legislation is declining and criminal legislation increases in the world should therefore be noticed.     Keywords: Alcohol, drugs, substance misuse, coercive care, compulsory commitment to care, involuntary care, mandatory care, legislation, human and civil rights, comparative analysis, prediction models, and trend analysis / <p>Vid tidpunkten för disputationen var följande delarbeten opublicerade: delarbete 4 inskickat.</p><p>At the time of the doctoral defence the following papers were unpublished: paper 4 submitted.</p>