NST 37.2024
Förord
Subjektive aspekter af sundhedsprofessionelles disciplinæransvar
Abstract
In Denmark, like in other Scandinavian countries, health professionals carry a disciplinary responsibility for their professional conduct. They must exercise diligence (’carefulness and conscientiousness’, Authorization Act Para 17) and their compliance with this law requirement is supervised by a disciplinary board. In case of breaches of law, the board may issue a reprimand. Para 17 is often referred to as a ‘legal standard’, with its content being defined through supplementary norms. From this perspective, health professionals’ responsibility is typically assessed with direct reference to compliance or breach of law or ‘objective’ norms. However, in accordance with the wording of Para 17, the assessment also implies consideration of more ‘subjective’ elements of responsibility (Da. ‘tilregnelse’; if the individual in question has demonstrated carelessness). This article reviews the assessment of the subjective element of health professionals’ individual legal responsibility in Danish disciplinary board case law.
Polisens barnskyddsarbete när barn far illa i hemmiljön
Abstract
Unfortunately, the police have daily encounters with children and young people that for some reason are in harm’s way. The article deals with the question of temporary decision making by the police as a tool to protect children and young people. The Swedish Police Act (polislagen) enables the police to make compulsory decisions temporarily with the purpose of handing over the child to a legal guardian or the social services. The legal provision is described as a tool for child protection and can also be seen as a tool to ensure the rights of the child and the best interest of the child. However, the present article explores the scope of the legal provision and finds that it is only applicable with regards to the behavior of the child. It does not protect children who are in harm’s way due to the behavior of the parent or the legal guardian. The article argues that there is a need to review the Swedish Police Act to strengthen children’s rights and fulfill Sweden’s obligations according to the UN Convention on the Rights of the Child.
Palliativ vård i Sverige – en föga utbyggd vårdform
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