Professional Documents
Culture Documents
UNIT ONE:
Introduction to ethics and the law in social work.
Overview
This unit introduces and outlines the complex linkages between ethics,
the law and social work practice. It also examines a range of concepts
which are central to this framework namely social justice; equality and
human rights.
Objectives
Learning outcomes
At the end of this unit, students should have a clear understanding of the
linkages between ethics, law and social work as well as familiarize
themselves with certain core concepts within this framework.
Students will also develop awareness of how ethics and the law are two
vital yet intricately complex aspects of social work practice. In particular,
students will understand that all social workers need to practise
according to the law and their codes of ethics. However legal and ethical
approaches to human behavior are by no means fixed and straightforward
but instead they are dynamic and ambiguous - thus adding to the
challenging nature of the social work profession.
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1.1 BACKGROUND
Knowledge and application of ethics and the law are crucial aspects of the discipline and
practice of social work (Dickens 2013; Johns 2016). Generally, it is expected of social workers
to practise within the relevant legislative frameworks established and also according to
their professional codes of ethics and conduct.
However the relationship between social work values, ethics and the law is not always clear-
cut and straightforward, exposing profound dilemmas and challenges. For instance, social
workers often are confronted with difficult real-life issues, including end of life decisions,
breaking confidentiality, respecting people’s choices while ensuring their safety and that of
others, making allowance for different cultural traditions, which all pose ethical and legal
predicaments.
In fact, there are several thought-provoking questions which arise. For some social workers
there may be issues of reconciling their own personal beliefs and values with those of a
profession that requires compliance with a code of conduct that is ultimately enforced
through legal requirements. Given that the majority of professional social workers are
generally employees or agents of state-sponsored agencies that must operate within clearly
defined legal boundaries, what dilemmas arise for social work? In other words, what
challenges do practitioners face when they try to reconcile their commitment to social
justice with their legally circumscribed duties to service users? What tensions might arise
between their loyalty and obligations to their profession and the legal context within which
they operate?
This module sheds light on such questions by examining the relationship between ethics,
law and social work. It focuses particularly on the roles of ethics and the law in the
discipline and practice of social work. It examines the interactions and inter-relationship
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between ethics and the law, discusses the inevitable tensions and conflicts and explains
their implications for contemporary social work practice.
Until rather recently, there has been a tendency for social work students to have treated
ethics and the law as two distinct topics when in reality they are intertwined. While there
is a substantial and growing literature on ethics in social work (e.g: Parrott 2015; Beckett
and Maynard 2013) and likewise for social work law (e.g. Brammer 2015, Braye and Preston-
Shoot 2010), Johns (2016) calls for a need to bridge the gap in these two sets of literature.
As Johns (2016: p2) succinctly puts it, reflecting on the undesirable consequences of treating
ethics and the law as two distinct areas:
‘Students feel challenged, and sometimes deeply perturbed, by the ethical debates in which they are compelled
to engage, and in some cases by the disjunction between their personal beliefs and professional values. In the
case of social work law, students then demand more than it can give: they expect the law to tell them what to
do in every circumstance. In some cases they hope the law cam help them reconcile ethics and practice, and
are often disappointed when told that the law simply sets the boundaries within which they as practitioners
must decide the best course of action. After all the Highway Code and the rules of the road lay down the
principles of good driving and penalize poor driving, but they do not direct drivers as to what to do in every
circumstance which they may encounter when actually driving along a road.’
Before proceeding any further, let us start by introducing and clarifying the key concepts
which are central to this module before examining their linkages.
In common parlance, the terms ethics and values are often used interchangeably. In
professional discourse, these are two distinct but related.
At its simplest, ‘ethics’ refers to the rules that define what types of behavior are appropriate
and what types of behavior are inappropriate (Barsky 2009). It pertains to matters of right
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and wrong conduct, good and bad qualities of character and responsibilities attached to
relationships(See Banks 2012). It is worthwhile to note that while the subject matter of
ethics is generally associated with human welfare, the bigger picture also includes animal
and environmental protection and welfare.
Values refer to the ideals to which an individual, family, group, organization, or community
aspires. Values identify what people believe are good or valuable. In social work, ‘values’
can be regarded as particular types of beliefs that people hold about what is regarded as
worthy or valuable. The term ‘social work values’ refers to a range of beliefs about what is
regarded as worthy or valuable in a social work context (general beliefs about the nature of
the good society, general principles about how to achieve this through actions, and the
desirable qualities or character traits of professional practitioners).
Whereas values identify a person’s sense of “what is good,” ethics identify a person’s sense
of “what is right” (Dolgoff, Loewenberg, & Harrington, 2009).
Generally, social workers may find that many of their personal ethics fit their professional
ethics. For instance, a social worker who believes in his/her personal life that it is important
to confront racism and oppression, his/her ethical obligation as a professional social worker
to promote social justice will simply be an extension of his/her personal ethics.
However there are also many situations, where personal and professional obligations
are different. As a private person, for instance, one may provide friends with whatever
advice one wants, regardless of whether one has professional training to provide advice
(e.g., “You should get married before you have a child”).
As a social worker, however, one is not permitted to provide advice to clients unless that
type of advice is within one’s specific training and area of competence.
It is equally useful to distinguish between the above notions. Ethical problems refer to any
situations involving an ethical issue—a question of right or wrong behavior—to be decided.
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An ethical dilemma on the other hand is a specific type of ethical problem in which the
choice of how to respond to the issue is particularly diffi cult. When someone is faced with
an ethical dilemma, there is no clear, singular response that satisfies all the considerations
that need to be taken into account.
In some situations, ethical dilemmas are created because ethics, values, morals, laws,
rules, and agency policies do not provide clear guidelines. With advances in biotechnology,
for instance, professionals have had to figure out how to respond to ethical issues raised by
the prospects of cloning, embryonic stem-cell research, and genetic engineering.
In some situations, codes of ethics, agency policies, and laws are completely absent. In
other situations, codes of ethics, agency policies, and laws are just developing, as
professions, agencies, and lawmakers struggle with building consensus on what is right
and wrong when responding to these issues.
An ethical dilemma is defined from an objective perspective: Could reasonable people differ
on what is the appropriate behavioral response to a particular situation? Consider the issue
of same-sex marriage. One social worker might say that she believes the correct response
is clear and unambiguous—same-sex marriage should be recognized as equal to marriage
between a man and a woman. Although subjectively this worker does not view same-sex
marriage as a dilemma, this issue is a dilemma if other people can reasonably disagree with
her conclusion.
Whereas an ethical dilemma has no clear-cut or universally acceptable answer about right
and wrong conduct, an ethical breach is a clear violation of a specific ethical rule.
Reasonable social workers would generally agree that social workers should practice within
their areas of competence. There is no conflicting ethical rule, value, law, or agency policy
that would raise the prospect of a dilemma in this situation.
The existence of ethics tells us that there are rules establishing which types of behavior are
appropriate or inappropriate. Whether these rules are enforceable, however, depends on
whether and how specific ethical rules are formalized. In some situations, ethical rules may
be implicit, with no formal mechanism for enforcement. For example, consider the example
of a man whose personal ethics tell him that it is fine to have extramarital sex as long as he
uses condoms. If he does not use condoms, he may feel guilty or blameworthy, but there
is no law stating that he must use condoms.
laws that establish parental rights and responsibilities toward their children are based on
the ethic of ensuring that children’s needs and interests are satisfied. Mental health laws
that allow the state to commit suicidal patients to psychiatric facilities are based on the
ethic of preserving life.
The consequences for violating laws vary depending on the specific law that has been
broken. Such consequences range from imprisonment to fines, community service,
probation, losing civil rights, terminating parental rights, or public censure. These
consequences are intended to deter people from certain types of behavior, ideally
promoting ethical behavior.
Not all laws are ethical (Knapp et al., 2007). For instance, a law that discriminates against
African Americans, Latinos, Jews, gays, or any other identifiable group may be viewed as
unethical. In some situations, a particular law may be viewed as ethical by one segment of
the population but unethical by another. Unethical laws, take for instance those
authorizing slavery before its abolition, may be challenged and changed over time. In fact,
challenging unethical laws is a key aspect of a social worker’s obligations to promote social
justice (Furman, Langer, Sanchez, & Negi, 2007).
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Social policy design and delivery such as welfare benefits and equal opportunities
legislations as well as enforcement of human rights, education, adult care services, child
protection, etc are common ways through which welfare states attempt to bring about
social justice. Increasingly, economic policies across the world also seek to be inclusive and
pro-poor in order to bring about social justice.
While there is a rich body of literature going way back to Greek philosophy which discusses
social justice, limitations of space will not allow an appropriate review of the evolution,
nuances and debates about the term.
Some of the better-known writers on ‘social justice’ include the likes of John Rawls (1971,
1999) and Amartya Sen (2009).Their main arguments are briefly summarized below but
students are strongly recommended to consult these works in more detail.
Rawls (1999) famous book ‘A theory of justice’ sets out his approach of ‘justice as fairness’.
Rawls objective is to balance social justice with individual freedom and difference. Rawls
argument is that the most just society will be governed by two basic principles:
1. That each person should have equal rights to the greatest possible degree of
individual liberty compatible with the same degree of freedom for others;
2. That social and economic inequalities are allowed but (a) only in so far as they bring
benefits for everyone, in particular the greatest benefit for the least advantaged; and
(b) there must be equality of opportunity.
This argument has been succinctly simplified by Johns (2011) who uses the analogy of a
board game to illustrate Rawls theory:
‘Imagine a board game in which a player has to throw a six to start. The player who throws a six at
their first go is like someone who starts life with a large inheritance and wealthy parents. They then
progress smoothly and rapidly often with the game. The player who takes a long time to score the
compulsory six before they are allowed to start is like the person who is born into a deprived area
with parents who face multiple problems including inadequate housing and few social amenities.
They progress much later, if at all, and rarely win. This is manifestly unfair and so the strategy should
be to give everyone the opportunity to play on a relatively equal playing field. In other words, no one
should have to throw six to start so that everyone should then have the potential to progress at a
relatively equal pace, although of course some will win or do better than others. Therefore Rawls
argues, we are under a moral obligation to assist those who are worse off than ourselves.’ (Johns 2011:
64)
Amartya Sen (2009) provides a different perspective to Rawls notion of social justice which
the former sees as merely a theoretical idea of perfect justice. Accordingly Rawls notion of
justice is neither necessary nor sufficient in order to understand what is unjust (Boot 2011)
Sen argues that Rawls notion of justice falls short about how to identify and reduce
injustices in the short term.
Instead Sen argues for comparative justice. Such an approach to social justice is relatively
straightforward to understand since we can all compare justice in different situations
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Reflection Point:
Anne, Bob or Carla? The idea of justice (Sen 2009: 13-15)
Sen outlines the following scenario. You have to decide which of three children, Anne,
Bob or Carla, should get a flute that they are quarrelling about. Anne says she should
have it because she is the only one who can play it (the others agree that this is true), and
everyone will be happiest when they can enjoy listening to the beautiful music.
Bob claims it because he is the poorest, and the only one who has no toys of his own (the
other two accept this). He will enjoy it the most by far, because the others already have
more than enough.
Carla claims it because she made it. She spent months working on it without any help
from the others (they acknowledge this), but now they say they want it.
What is your decision? What are your reasons?
Discuss the scenario? What do you agree or disagree about?
What parallels with or messages for social work do you see?
What needs to be retained from this exercise is that deciding ownership of the flute is
clearly not straightforward and any theory of justice must acknowledge that principles
clash. There is a good case for each child to have the flute. Sen argues that a theory of
justice has to allow for a plurality of views and continuing disagreements. Sen believes
however that some decisions are more just than others and good arguments should prevail
over poor ones. The key steps are to discuss issues openly, to ty to reach agreement through
public reasoning and to act pragmatically tackling the worst injustices first – he uses the
example of global poverty, famine and disease – making the world more just a step at a
time.
1.2.4 Equality
Another key concept which is worthy of attention is that of equality. Treating all people
fairly, not discriminating against people (on the grounds of race, sex, age, disability, religion
and belief and sexual orientation, valuing difference and challenging oppression and
inequality are fundamental social work values (Dominelli 2009; Thompson 2011)
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Discussion Point:
Social workers’ ethics and the law are not always compatible. Discuss with the
use of examples in the local setting.
1.3 Summary
This unit has introduced and outlined the complex linkages between ethics, the law and
social work practice. It also examines a range of concepts which are central to this
framework namely social justice; equality and human rights.
In the next unit we look more specifically at the Codes of ethics which guide social work
practice.
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UNIT TWO:
Code of ethics for Social workers –
International and Local.
Overview
This unit provides an outline of the general codes defining ethical practice which act as
guidelines for social workers and regulate professional conduct. Adopting a
comparative perspective, it highlights the main similarities which exist across the main
bodies which regulate professional standards in social work.
Objectives
Learning outcome
At the end of this unit, students should have a clear understanding of the ethical
requirements and value-base of the profession.
It is also important to note that learning social work ethics does not mean simply memorizing
specific rules and standards of practice for every situation that may arise. Ethical practice
requires professional self-awareness, critical thinking, and the ability to manage complex
information, values, and principles from a variety of sources. (Barsky 2009: iii)
2.1 BACKGROUND
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It is widely acknowledged that professional ethics represent the foundation stone of social
work. As Johns (2016:8) opines: ‘Perhaps not surprisingly, codes of practice generally are
quite specific in their insistence that social workers act ethically.’ The profession has the
obligation to articulate its basic values, ethical principles, and ethical standards.
This unit provides an overview of some of the main codes of practice across the world
which act as guidelines for social workers and regulate professional conduct.
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Respecting the right Social workers should respect, promote and support people’s dignity and right
to selfdetermination to make their own choices and decisions, irrespective of their values and life
choices, provided this does not threaten the rights, safety and legitimate
interests of others.
Promoting the right to Social workers should promote the full involvement and participation of people
participation using their services in ways that enable them to be empowered in all aspects of
decisions and actions affecting their lives.
Treating each person Social workers should be concerned with the whole person, within the family,
as a whole community, societal and natural environments, and should seek to recognise all
aspects of a person’s life.
Identifying and Social workers should focus on the strengths of all individuals, groups and
developing strengths communities and thus promote their empowerment.
Challenging Social workers have a responsibility to challenge discrimination on the basis
discrimination of characteristics such as ability, age, culture, gender or sex, marital status,
socio-economic status, political opinions, skin colour, racial or other physical
characteristics, sexual orientation or spiritual beliefs.
Recognising diversity Social workers should recognise and respect the diversity of the societies in
which they practise, taking into account individual, family, group and community
differences.
Distributing resources Social workers should ensure that resources at their disposal are distributed
fairly, according to need.
Challenging unjust Social workers have a duty to bring to the attention of their employers, policy
policies and practices makers, politicians and the general public situations where resources are
inadequate or where distribution of resources, policies and practice are
oppressive, unfair, harmful or illegal.
Working in solidarity Social workers, individually, collectively and with others have a duty to challenge
social conditions that contribute to social exclusion, stigmatisation or
subjugation, and work towards an inclusive society.
Upholding the values Social workers should act at all times in accordance with the values and
and reputation of the principles of the profession and ensure that their behaviour does not bring the
profession profession into disrepute.
Being trustworthy Social workers should work in a way that is honest, reliable and open,clearly
explaining their roles, interventions and decisions and not seeking to deceive or
manipulate people who use their services, their colleagues or employers.
Maintaining Social workers should establish appropriate boundaries in their relationships
professional with service users and colleagues, and not abuse their position for personal
boundaries benefit, financial gain or sexual exploitation.
Making considered Social workers should make judgements based on balanced and considered
professional reasoning, maintaining awareness of the impact of their own values, prejudices
judgements and conflicts of interest on their practice and on other people
Being professionally Social workers should be prepared to account for and justify their judgements
accountable and actions to people who use services, to employers and the general public.
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By and large, the NASW Code of Ethics sets forth similar values, principles, and standards
as BASW to guide social workers’ conduct.
The NABSW has several publications, including The Black Caucus Journal. More than 100
branches of NABSW exist throughout the United States with affiliate branches in other
countries such as South Africa, Canada, Ghana, and the Caribbean.
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One social work organization, the International Federation of Social Workers (IFSW), was
initiated in 1956 to help social workers learn about the experience of their counterparts in
other countries. Currently, the IFSW represents 80 countries and half a million social
workers around the world. Although membership in the IFSW is limited to national social
work organizations, individuals may join the Friends of IFSW. The organization publishes
a newsletter and it is a sponsor of the journal International Social Work (IFSW, 2005
Publications).
The aims of the IFSW are listed below
To promote the establishment of national Provide means for discussion and the
organisations of social workers or exchange of ideas and experience through
professional unions for social workers and meetings, study visits, research projects,
when needed national coordinating bodies exchanges, publications, and other methods
(collectively “Social Work Organisations”) of communication.
where they do not exist.
2.2.4 Mauritius
Whilst in many countries, the trend is towards the professionalization of social work to
ensure quality service delivery, in the local context, this is yet to be the case although,
representations have been made for such since at least 1999 (See MAPSOW 2013).
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Social work is being taught at undergraduate and postgraduate levels at some local
universities and many diploma holders and graduates/postgraduates in social work and
related disciplines are employed in the welfare sector. The welfare sector consists of a core
cadre of social service professionals including social workers, social auxiliary workers, child
and youth care workers, community development practitioners, youth workers and
probation officers.
It can also be argued that there is a wide array of Civil society organisations which have
traditionally complemented, often in a philanthropic and voluntary capacity, the roles of
Government and International organisations in supporting the needy and vulnerable .
According to the Progetti Report (2013), approximately 9000 associations are registered
with the Registrar of Associations. The number of both associations and foundations
experienced an exponential growth in recent years following the issuing of regulations in
2010 that supported the increase of funding to associations and foundations from the
private sector through the Corporate Social Responsibility (CSR) initiative. Despite their
large number, associations, foundations and other CSOs do not have a well defined role.
Many associations are engaged in service provision and charitable activities: referring to
CSR-accredited associations which have actively functioned for at least 2 years, there are
approximately 500 such associations. Another very large group of registered associations
includes sport clubs and socio-cultural organisations, together with women, elderly and
youth organisations which largely carry out social and cultural activities, and which are
associated to and receive funds from government ministries. In some cases, organisations
and associations are also created as a means for individuals to gain representation on
councils related to the government, and thus access to political positions.
While there is clearly a need for social workers, particularly in a context of socioeconomic
and demographic transformations where challenges of poverty and social exclusion,
substance abuse and ageing population among others, the need for an appropriate
framework (as we have seen above) to regulate, license and maintain high professional and
ethical standards is clearly lacking.
Thus far, the Mauritius Association of Professional Social Workers (MAPSOW) which is
affiliated to the International Federation of Social workers has advocated the
professionalization of the sector but this has yet to materialize.
It is perceived that the standards and principles of social work practice are not always
adhered to. As a result, the potential for poor practice, abuse and neglect of the clients and
vulnerable people does exist in the sector.
The need is therefore highly felt for a regulatory body to set the standards of practice, set a
register for social workers, devise a mechanism to protect service users, deal with
malpractices and set other related systems that would ultimately fulfil the goal of social
work practice
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Promote dignity
Respect confidentiality
Behave in a way that calls into question their suitability for professional practice
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Discussion Point
Summary
This unit has outlined the general codes defining ethical practice which act as guidelines
for social workers and regulate professional conduct. It has highlighted the main
similarities which exist across the main bodies which regulate professional standards in
social work.
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