A Cuckoo in the Nest?: Challenges to implement the Convention on the Right of Persons with Disability of Independent Living within the Swedish Social Insurance Framework
2015 (English)In: Welfare policy and services: Rights and participation, 2015Conference paper, Abstract (Other academic)
The Convention on the Rights of Persons with Disability (CRPD) is reflected in Swedish disability policy, strongest outlined in the Act concerning Support and Service for Persons with Certain Functional Impairments (LSS). The intention of the act is to guarantee good living conditions, inspired by the Independent Living movement, and has functioned as a front-breaking role-model with high demand on recognizing disability rights with personal assistance being the strongest expression towards achieving an active citizenship. The intention of the LSS Act corresponds to the core right of independent living, expressed through article 19 in the CRPD.
The management of personal assistance is administered by the Swedish Social Insurance Agency (SSIA). The creation and design of the Swedish social insurance system was justified by developing a framework for social justice based on a uniform redistribution of benefits and allowances between citizens, to serve as a standard of protection for the individual. Mechanisms and measures for managing the administration of social insurance have grown from this context. The implementation of personal assistance within the social insurance system has, however, encountered considerable challenges. The base of individual rights, which molds the essence of the LSS act, counteracts the principle of standardization and uniformity which seems to result that the LSS act bears the character of a borderless nature. This observation is supported by reports from the SSIA that indicates an incomplete and uneven implementation of the act across the country with risks of legal uncertainty and huge increase of costs. Previous studies have concluded lack of precedent-setting court cases and of a uniform definition of what characterizes quality of personal assistance. Studies also shows that perceived quality of personal assistance correspond to general indicators for health- and social care, rather than fulfilling the intentions set out in the LSS act.
This presentation aims to immerse, by summarizing existing studies, how the intentions set out in the LSS act relates to normative and principle positions within the Swedish social insurance framework, as a contributing factor to describe the implementation challenge facing article 19 of the CRPD.
Place, publisher, year, edition, pages
CRPD, disability rights, independent living, citizenship, implementation, legal security
Public Administration Studies
Research subject Medical Science
IdentifiersURN: urn:nbn:se:uu:diva-256053OAI: oai:DiVA.org:uu-256053DiVA: diva2:824452
NNDR - Nordic Network on Disability Research 13th Research Conference. Bergen Norway May 6-8
ProjectsAvhandling: Att styra rättigheter rättsäkert - Socialförsäkringsadministrationens förvaltning av personlig assistans enligt LSSSocialförsäkringens betydelse för kvinnor och män med statlig personlig assistans i uppfyllandet av de nationella folkhälsomålen.
FunderForte, Swedish Research Council for Health, Working Life and Welfare, 2012-0921