In this chapter, the tension between self-determination and human dignity in the Swedish legal system of social care for older people is analysed with help of the capabilities approach. The core focus of this approach is the individual person’s capability to make decisions. Also important is a supportive societal system that enables the realisation of self-determination, specifically for individuals who are not fully capable of making arrangements for themselves. The capabilities approach emphasises the responsibility of the State and can be used to analyse the impact of legal and political obligations for nation-states, and to balance the increased focus on self-determination and the quest for increased capabilities among older people. In the context of a dismantled welfare state, a one-sided focus on individual autonomy might turn out to be a double-edged sword, leaving the individual with self-determination but no (or insufficient) available care to decide about. In this chapter, the underlying principles of practical decisions are theoretically explored and reflected upon. Of specific relevance is human dignity (in addition to enhancing individual freedom), normativity (a set of fundamental capabilities is identified) and the central role of the nation-state (as the responsible political subject for the achievement of minimum thresholds for all capabilities).

Sweden is a unitary state. Its legal system has the features that are distinctive to those of the Nordic legal family, as opposed to either civil law or common law systems. There are two parallel court systems in Sweden, general courts and administrative courts. There are also specialized courts, such as the Market Court, the Migration Courts, and the Labour Court.