BARRIÄRER OCH MÖJLIGGÖRARE TILL RÄTTSSÄKERHET INOM LSS : EN ÖVERSIKTSSTUDIE

Sammanfattning

The Swedish Disability Act (SDA) recently turned 30 years old. The law was passed in 1994 with the goal of equality and the “opportunity to live like others” for persons with disabilities in Sweden. Today both government agencies and disability rights activists propose that the law has been watered down. When the original goals of the legislation are not met, this also leads to a crisis of legal certainty. The aim of this thesis is to, with the help of a scoping interview, map research during the second half of the SDAs existence (2009-2024), with a focus on legal certainty. In practice the aim is to identify the relevant legal method with regards to the SDA investigations, as well as dilemmas, gaps between “law inbooks” and “law in action”, and barriers and facilitators towards legal certainty inthe SDA. Theories of legal-dogmatic theory and sociology of law are used to shine a light on and organize the findings, of extra importance is knowledge of dealing with framework laws and the effect model. The scoping review has identified thefollowing themes: legal method studies focus on res judicata and the SDA and legal certainty in the Swedish High Court; sociology of law studies focus on human rights and the intersection between profession and organization. The human rights section includes subcategories child participation, personal assistance and parenthood. The profession and organization section is subdivided into profession, municipality, region, state-agencies and courts. To increase the chances of legal certainty in investigations social workers must have a good knowledge of legal methods that ensures both formal and material legal certainty. Investigations must be procedurally correct, abiding by the officialis principle. Argumentation needs to be of a teleological nature, considering the intention of the law, and decision-making must be polycentric, i e both normative-rational and goal-rational.