For the purpose of looking more closely into the relevance of the integration of legislative provisions for securing human rights for people with disabilities, the present study analyses the process of amending the "Provisions and Services Law" (Omsorgslag) for people with mental retardation in Sweden after World War II. The "Provisions and Services Law" for people with mental retardation in Sweden was first established as the "Act on Teaching and Nursing Care for the Educable Mentally Deficient" in 1944. After that, it was amended in 1954, 1967, 1985, and, most recentaly, in 1993, when its name was changed to the "Act concerning Support and Service for Persons with Certain Functional Impairments". The 1944, 1954, and 1967 laws were special laws, that is, laws that apply only to a subset of the population, in contrast to general laws, which apply to everyone. The Laws of 1985 and 1993, however, were established as bonus legislation, that is, as amendments to general laws. This more recent method for establishing human rights for people with mental retardation, that is, as a bonus legislation attached to a general law, was not a temporary step, but rather a national choice that was based on nationwide discussion. Sweden is aiming to secure human rights for people with disabilities, without producing discrimination, through a combination of special laws and bonus legislation attached to general laws.
View full abstract