ABSTRACT
In Sweden, the individual's general right to autonomy or self-determination is protected by the Constitution. The Swedish Instrument of Government thus recognises, among other fundamental rights and freedoms, the right of citizens to be protected against any physical violation or deprivation of liberty in their relations with the public administration. There are no statutory provisions concerning vicarious health care decision-making for incompetent patients, even though it is understood that competence is a necessary prerequisite for a legally valid consent. The power of the custodians may, however, be restricted if their decisions are found to be contrary to the child's best interests. There are no statutory provisions dealing specifically with emergencies in health care, or other situations where for some reason it is not possible to obtain a valid consent to treatment. Non-therapeutic research is usually conceived as research that has no potential direct health benefits for the research subject.
