Full resolution (JPEG) - On this page / på denna sida - Part I - Professor J. Vilhelm Hultkrantz, Uppsala and Doctor Emanuel Bergman, Uppsala, The Struggle for Race-improvement in Sweden
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malady, arrest in development, or abnormality in the mental life which might
be an impediment to marriage.
With certain stated restrictions the above mentioned diseases ought to be
allowed as grounds for the annulment of marriage, or for divorce. If one of the
married pair had become mentally diseased, and continued so for three years, and
if according to a certificate given by the proper medical man there was no reason
for hoping that a lasting return to health could be expected in the insane person,
the Court ought, if the other party to the marriage desired it, to grant a divorce.
In the same way it ought to be enacted that venereal disease, if caused by adul«
tery or other inchastity, or if the sick person has infected the other party, or
exposed him to danger of infection, shall also give grounds for a divorce.
Although from a eugenic point of view it perhaps might be desirable to
enact that an impediment to marriage is found with alcoholists, and persons suf«
fering from leprosy, or tuberculosis in a high degree, as well as for deaf«mute
persons, and others suffering from bodily defects or disablements yet the Faculty
from practical reasons considered that they ought to refrain from demanding this
and rested their hopes upon the increasing knowledge and sense of responsibility.
Regarding the minimum age for marriage, which in our country has been
21 years for the man and 17 for the woman, the Faculty gave a warning against
sinking it to 16 years in accordance with the Danish and Norwegian law, which
had been brought into question.
The old law did not allow persons, standing in any nearer relation to each
other than cousins, to marry. The Faculty did not consider that any alteration
ought to be made in this law.
From practical reasons and not to make it unnecessarily difficult to enter
into matrimony, the Faculty considered itself obliged to restrict its demands for
medical examination before marriage to the cases already stated, notwithstanding
that it saw fully the medical justification of the proposal for making examination
of the nupturients by a medical man statutory, whether with or without a quali«
’ fied certificate, which was raised not only by medical men, but also by motions
in Parliament.
Although the proposal of the Medical Faculty must be considered as moder«
ate in a high degree, it did not win the approval of the legislators in every way.
The law committee who modified the proposal, took as the chief foundation that
the entrance into matrimony ought not to be made more difficult, and it must
also in a high degree take into account the great difficulties which are met with
in the practical appliance of the law.
Our marriage law now in force of the 12th of November 1915, contains
therefore prohibition of marriage for persons suffering from epilepsy, produced by
preponderating internal causes, mental disease and mental debility, as well as
sexual diseases in an infectious stage. Before the marriage takes place both the
contracting parties must declare in writing on their honour and conscience, that
they are not suffering, according to their knowledge, from true falling sickness
or sexual disease. If a person has been insane during the last three years or if
there is any cause for believing that he suffers from mental disease or mental
debility, he must show by means of a doctor’s certificate that there are no signs
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