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Introduction

The aim of the contribution is to identify human rights in the historical context of ethical milestones in social work, especially in deontological codes, which are an integral part of the process of its professionalization. We are based on the study Ethical Milestones of the Professionalization of Social Work (American and Slovak-Czech perspective) published in the journal Sociální práce / Sociálna práca (Mátel, 2021).

1. Professionalization of Social Work and Ethics

The term profession etymologically comes from the Latin professio, which denotes expertise, professional preparation for an occupation (employment) or a public declaration of adherence to it. For a long time, profession was identified with a free profession (e.g., physician, lawyer, artist). Such an understanding of profession can be considered “traditional.” Today, in the Slovak and Czech socio-cultural context, the differences between profession, occupation, and job activity are fading. In practice, these are often understood as synonyms. According to French sociologist Gresle (In Boudon, 2004), three criteria appear in most characteristics of a profession:

  1. specialization of knowledge, which leads to precise and autonomous setting of rules of activity;
  2. higher-education intellectual training, presuming the existence of schools providing such training;
  3. the ideal of service, which leads to the creation of a deontological code and control by its own members.

Morales and Sheafor (1998 in Göppner, Hämäläinen, 2008) present criteria for a profession as follows:

  1. systematic body of theories;
  2. professional authority (monopoly in one’s own professional practice);
  3. social recognition;
  4. a regulatory ethical code;
  5. professional culture. From this it is clear that ethics and its formal regulation are an important and indispensable component of a profession.

Payne (2005) identified six important aspects of the construction of social work that help identify it as a profession:

  1. characteristics of the people it serves, their problems in society and society’s response to these problems;
  2. values and philosophy central to practice;
  3. the organizational, legal, and institutional context of practice (formal ethical codes can also be included here, note by author);
  4. professional associations and occupations;
  5. knowledge base and research;
  6. professional education (with ethics of social work as an integral part, note by author).

Today, social work can be defined as an applied scientific and academic discipline, as well as value-based professional activity of social workers who, through purposeful action, help, accompany, support, and empower individuals and social systems (families, groups, communities) to reach an optimal level of social functioning and create favorable social conditions to achieve this goal (Mátel, 2019). Social work is a profession based on ethics and moral values. Without moral values it would lose part of its essence, or perhaps it would not exist at all. Among its key values for several decades are human rights, which are the central subject of this contribution.

1.1 Ethical Stages of the Professionalization of Social Work

From a historical perspective, only a few authors have addressed ethical milestones in the professionalization of social work. In the English-language literature, especially American professional ethics expert Frederik F. Reamer can legitimately be regarded as the author of a periodization of this profession’s ethical periods. He initially distinguished four key stages in the development of social work ethics and later added a fifth (Reamer, 1998; 2013; 2014):

  1. moralistic period (late 19th and early 20th century – beginning of the 1930s, 20th century),
  2. period of ethical values (late 1930s and early 1940s – 1960s),
  3. period of ethical theories and ethical decision-making (1970s – 1980s),
  4. period of ethical standards and risk management (1990s – up to the mid first decade of the 21st century),
  5. digital period (from the mid first decade of the 21st century – present).

We must approach his periodization critically because it primarily reflects American social work ethics, although this has, and still has, a strong influence on global trends. Considering the perspective of Czechoslovak, later Czech and Slovak social work, which was historically significantly influenced by a different political and cultural-social situation, the author of this contribution proposed the following periodization in our socio-cultural context (Mátel, 2021):

  1. moralistic period (from the 1920s of the 20th century extending into the 1940s);
  2. period of identification of ethical values and principles (1930s–1940s until 1948);
  3. period of applied ethics and ethical decision-making (from the 1990s until the mid second decade of the 21st century);
  4. period of binding ethical standards and risk management (from the mid second decade of the 21st century to the 2020s);
  5. digital period (from the 2020s to the present).

In further discussion it will be important to distinguish in which socio-political context we are located: in the international context (influenced mainly by American social work) or in the Czech and Slovak context.

1.2 Ethical Codes of Social Work

Formulating an ethical code is currently among the basic requirements of professionalism and one of the characteristics of independent helping professions. From an etymological perspective, the Latin word codex meant a book, such as a papyrus scroll, document, parchment manuscript, or wooden tablet. In broader meaning it meant a set or list of several writings. An ethical code then denotes a set of values, ethical principles, and standards of behavior, formulated in writing, normative and binding for a particular profession, profession workers, or an organization at global, national, or institutional levels. Although ethical codes never fully eliminate unethical behavior, they contribute to ethical sensitization of professional workers, the profession, and its credibility among service users and in society. Although they are not a panacea for all ethical problems, conflicts, and dilemmas, they can support ethically reasoned decision-making in them (Mátel, Mališková, 2016). In terms of the sphere of influence, we distinguish international ethical codes, national ethical codes, and codes of organizations, companies, or social service facilities. In social work there is a distinction between a broader conceptualized social work ethical code, which addresses ethical aspects of the profession and discipline in its full scope (including research, education, etc.), and a more narrowly formulated ethical code of social workers (and social work assistants), conceived from the perspective of professional workers.

1.3 Human Rights

References to human rights can be traced back to ancient philosophy (hints can be found, for example, in Stoic philosophy) or the Middle Ages (Jean Gerson, Johannes Althusius, etc.), but the concept of universal rights of the person began to be discussed only in the 17th and 18th centuries within the so-called modern school of natural rights. Theories of natural rights are found in this period in the works of philosophers such as Hugo Grotius, Thomas Hobbes, John Locke, and Jean-Jacques Rousseau. Important milestones in the development of the concept of human rights in modern times are the American Declaration of Independence (1776) and the French Declaration of the Rights of Man and Citizen (1789).

Protection of human rights was, until the midpoint of the 20th century, a domestic matter. Democracy and human rights are the foundations of the rule of law. The most important task of the state in the area of human rights is their protection and creating the conditions for their realization. It is not enough for the state merely not to interfere negatively with human rights; active state intervention is necessary (Svák, 2011).

The human rights era reached its peak after World War II. Protection of human rights shifted from state sovereignty to international level. The most important international human rights document of the 20th century is certainly the Universal Declaration of Human Rights, adopted by the United Nations in 1948. Its 30 articles are usually divided into three basic groups, the so-called generations of human rights. In the first generation we find civil rights (to life, bodily and informational privacy, personal liberty, protection of personal honor, property, fair process, freedom of thought, religion, movement, residence, etc.) and political rights (freedom of expression, right to information, petition right, right to assembly, right to association, voting rights, right of resistance). In the second generation we find economic rights (right to work, to enterprise, to strike, to special working conditions, and enhanced workplace health protection for women, youths, and persons with disabilities, etc.), social rights (right to healthcare, social security right, family protection, etc.), and cultural rights (right to education, free scientific research, etc.). Finally, in the third generation of the Universal Declaration, so-called solidarity rights, or postmodern rights, appear, such as the right to peace, right to a favorable environment, rights of national and ethnic minorities, right to access cultural heritage, and more. Individual rights are elaborated in further human-rights declarations and UN treaties, as well as in those of other international institutions; in the European sphere, most importantly the Council of Europe and the European Union.

2. Ethical Milestones of Social Work and Human Rights

2.1 Period of Identifying Ethical Values and Principles

In relation to human rights in social work, an important stage is the period of identification of ethical values and principles. “Professional values of social work are the convictions of the professional community about desirable goals and desirable behavior of social workers that leads to those goals” (Mátel, in Balogová, Žiaková et al., 2017, p. 32). If a professional community reaches consensus in their selection, they often become the cornerstone of a professional ethical code for ethical principles and concrete rules (norms, standards) of behavior. Ethical principles can then also serve as an interpretive tool for clarifying the meaning, content, and scope of values (Mátel, 2018).

Among the first to attempt identifying the key values of casework social work was Felix Biestek in The Casework Relationship (1957). Terminologically, he used the term “general principles of the relationship between social worker and client.” Among the seven key principles presented by Biestek are individualization, purposeful expression of feelings, controlled emotional involvement, acceptance (non-judgment), self-determination, and confidentiality. At least four of these can be considered values. In the 1960s, social work experts focused attention on ethical constructs of social justice, human rights, and reforms. The political mood of that turbulent era brought into social work a set of values focused on social equality, right to social security, human rights, anti-discrimination, and anti-oppression efforts (Reamer, 2014).

Professional organizations in social work began, in the period of identifying ethical values and principles, accepting and issuing ethical codes or ethical practice guides based on ethical values. The first ethical codes were brief. The Canadian Association of Social Workers adopted a simple ethical code in 1938, and the American Association of Social Workers in 1947. The more complex ethical code was adopted by the National Association of Social Workers (NASW) in 1960. In it, social work is presented as a profession “based on humanitarian and democratic ideals. It requires integrity, empathy, faith in the value and dignity of human beings, respect for individual diversity, commitment to service, and devotion to truth” (NASW, 1960). The core of the code were behavioral standards of social workers toward those they serve (that is, clients), colleagues, employers, other professions, and the community. These included 14 statements in the first person, e.g., “I give priority to my professional responsibility over my personal interests” or “I respect the privacy of people I serve.” Privacy protection appears quite frequently as one of the most commonly presented rights belonging to the concept of human rights. Even in this code, it was mentioned that social work should be non-discriminatory, but only seven years later, in a revision, it explicitly stated: “I do not discriminate on the basis of race, color, religion, age, sexual orientation, or national origin, and in my work I will work to prevent and remove discriminatory practices...” (NASW, 1967).

2.2 Period of Applied Ethics and Ethical Decision-Making

The first international ethical code was published by the International Federation of Social Workers (IFSW) in 1976, already in the period of applied ethics and ethical decision-making. The international ethical code for social workers contained five core principles and subsequently standards of ethical behavior. With regard to our topic, we present the first two principles:

  1. principle: Every human being has intrinsic value regardless of origin, ethnicity, sex, age, beliefs, social or economic status, or contribution to society.
  2. principle: Every individual has the right to self-actualization to the extent that it does not interfere with the same rights of others.

It was precisely this period of applied ethics and ethical decision-making that brought reflections in which professional social workers have to make difficult decisions in problematic and ethically dilemmas situations. Ethical dilemmas included a comprehensive analysis of “ethical puzzles,” various situations in professional practice in which the ethical values, duties, and tasks of social work are in mutual conflict (Mátel, 2021).

2.3 Period of Binding Ethical Standards and Risk Management

Together with the International Association of Schools of Social Work, the International Federation of Social Workers published in 1994 a new international code called Ethics in Social Work: Principles and Standards (NASW, 1994). The document consisted of two parts:

  1. International Declaration of Ethical Principles of Social Work – basic principles were presented, problem areas in which a conflict of interests may arise, and methods helping to solve them;
  2. International Ethical Standards for Social Workers. Besides general principles of ethical conduct, these addressed four specific areas—relations with clients, employer agencies and organizations, colleagues, and the profession. In this document, for the first time at the global level, respect for human rights by social workers was explicitly stated:

Social workers respect the basic human rights of individuals and groups as expressed in the Universal Declaration of Human Rights of the United Nations and other international treaties derived from this declaration (art. 2.2.7).

It is also assumed that these rights may be in conflict with the rights of others: Help the client—an individual, group, community, or society—to achieve self-realization and maximum potential within the limits of respecting the relevant rights of others (art. 3.3.4).

The 1994 international ethical code played an important role in the professionalization process of Czech and Slovak social work after the fall of communism in 1989. In 1994, the Association of Social Workers in Slovakia was founded and became a member organization of IFSW. In Žilina in 1997, the Ethical Code of Social Workers of the Slovak Republic was declared. This is considered the first Slovak ethical code of social work, although it was a document of a professional association whose membership was voluntary. In the first sentence of the code, it is directly stated that “social work is a profession based on the values of democracy and human rights.” As for individual rights, respect for the right to privacy is emphasized, particularly in the context of confidentiality and secrecy: A social worker respects a client’s privacy and maintains confidentiality of information obtained in his or her work.

In the Czech Republic, Spoločnosť sociálních pracovníků ČR had historical significance; since 1990 it had operated as a civic association. Membership was voluntary and it became a member organization of IFSW. In 1995, the Ethical Code of Social Workers of the Czech Republic adopted by this organization came into force. Following the model of the international ethical code, it contained general ethical principles (in the document called guidelines) and specific rules of ethical behavior in five areas: with clients, employers, colleagues, one’s profession and competence, and society. From this code, in relation to human rights, we quote:

Social work is based on the values of democracy and human rights. Social workers therefore ensure the observance of human rights of groups and individuals as expressed in the United Nations Charter of Human Rights and the Convention on the Rights of the Child. A social worker respects the uniqueness of every person regardless of origin, ethnic affiliation, race, skin color, mother tongue, age, health status, sexual orientation, economic situation, religious and political beliefs, and regardless of how he or she contributes to society as a whole. A social worker acts so as to protect the dignity and human rights of his clients. A social worker assists all clients with equal effort and without any form of discrimination. Under no form of discrimination does he cooperate nor participate. He protects the client’s right to privacy and confidentiality of his statements.

The next revision of the international ethical code occurred in 2004, and its outcome was the document Ethics in Social Work: Statement of Principles. The code is based on the global definition of social work approved by IFSW and IASSW in Montreal in 2000 (IFSW, 2004):

The social work profession promotes social change, social problem solving in human relationships, and empowerment and liberation of people to improve their well-being. Using theories of human behavior and social systems, social work intervenes where people interact with their environment. Principles of human rights and social justice are essential for social work (art. 2).

Principles (i.e., human-rights values) are thus the value base for specific ethical standards. Social work is based on respect for the value and dignity of all people and on the rights flowing from that value. Social workers are to support and protect the physical, psychological, emotional, and spiritual integrity and well-being of every person (art. 4.1).

The document explicitly refers to the international human rights declarations and treaties in force at that time, which were always UN documents (IFSW, 2004):

  • Universal Declaration of Human Rights (1948);
  • International Covenant on Civil and Political Rights (1966);
  • International Covenant on Economic, Social and Cultural Rights (1966);
  • International Convention on the Elimination of All Forms of Racial Discrimination (1966);
  • Convention on the Elimination of All Forms of Discrimination against Women (1979);
  • Convention on the Rights of the Child (1989);
  • Convention Concerning Indigenous and Tribal Peoples in Independent Countries (ILO Convention 169, 1989);

In today’s context, we should add to these UN documents:

  • International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (2004);
  • International Convention for the Protection of All Persons from Enforced Disappearance (2006);
  • Convention on the Rights of Persons with Disabilities (2006).

In the European socio-political context, the Council of Europe’s European Convention on Human Rights and Fundamental Freedoms (as amended by Protocols 11 and 14, 2010) and the Charter of Fundamental Rights of the European Union (2012) are also important.

Given potential conflicts and dilemmas between individual rights, the code states (IFSW, 2004):

“Social workers are to respect and support the human right of people to make their own choices and decisions independently of their values and life choices, provided this does not endanger the rights and legitimate interests of others” (art. 4). “Social workers require recognition that they are responsible for their conduct toward users, people with whom they work, colleagues, employers, professional associations, and the law, and that these responsibilities may be in mutual conflict.”

Following the change to the international ethical code, in 2006 Spoločnosť sociálních pracovníků ČR revised the 1995 code and created the Ethical Code of the Society of Social Workers ČR (SSP ČR, 2006), which is often understood and sometimes presented as the Ethical Code of Social Workers of the Czech Republic. From its text, we quote (changes are marked by points relative to the older version):

Social work is based on the values of democracy, human rights, and social justice. Social workers therefore ensure compliance with human rights of groups and individuals as expressed in documents relevant to the practice of social workers, primarily in the Universal Declaration of Human Rights, the United Nations Charter of Human Rights, the Convention on the Rights of the Child, and other international declarations and conventions. In addition, it is guided by the Constitution, Charter of Fundamental Rights and Freedoms, and other laws of this state that follow from these documents (art. 1.1). The social worker demands recognition that he or she is responsible for his or her actions toward persons they work with, colleagues, employers, the professional organization, and in terms of legal provisions, and that these responsibilities may be in mutual conflict (art. 2.5.6).*

2.4 Digital Period

The latest and currently valid international ethical code of social work is the 2018 document Declaration of Ethical Principles (hereafter “Declaration”). Its ideological foundation has become a new global definition of social work, approved by IFSW in Melbourne in 2014 (IFSW, 2018):

“Social work is a profession based on practice and an academic discipline that promotes social change, social development, social cohesion, as well as empowerment and liberation of people. Principles of social justice, human rights, shared responsibility, and respect for diversity are central to social work. Based on social work theories, social sciences, humanistic and local knowledge, social work addresses people and structures in order to stimulate life changes and improve well-being.”

In its comments on this definition, IFSW emphasizes that social work is an interlinked system of values, theory, and practice. As in the older global definition from 2000 in Montreal, two core principles are primarily emphasized—human rights and social justice—but now in reverse order. “Social workers recognize and respect the inherent dignity and value of people in attitudes, words, and actions” (art. 1). The close linkage of attitudinal, verbal, and behavioral levels is emphasized. “Social workers recognize and promote the inherent and inalienable rights of all people” (art. 2). Unlike the older code, the Declaration no longer explicitly lists international human-rights declarations and treaties.

In light of new themes, the current international ethical code emphasizes creating balance against subjective and one-sided interpretation of rights (Mátel, 2018). Already during the preparatory work on the document, a need for a theoretical and ethical shift in understanding human dignity in the context of autonomy toward recognition of intersubjectivity of human dignity and human rights, i.e., rights “between” individuals, was emphasized (Feder, 2014). In principle, this is a very important principle of interpreting human rights based on the fact that “my right ends where others’ rights begin.” In the text of the Declaration we can find several sections where this balance is explicitly stated, for example (IFSW, 2018):

“We respect all people, but question the beliefs and actions of those who devalue or stigmatize themselves or other people” (art. 1). “Social workers respect and promote people’s rights to make their own choices and decisions provided this does not endanger the rights and legitimate interests of others” (art. 4). Therefore, the task of social workers is also to “work with people to seek an appropriate balance between human rights that contradict each other” (art. 2). “Human rights must coexist with collective responsibility and it is necessary to understand that individual human rights can only be realized on a daily basis when people assume responsibility for themselves and for the environment, and when they strive to create reciprocal relationships within the community” (Ethics Taskforce, 2017, in Mátel, 2018).

Because the current international ethical code was proclaimed in the digital era, one of its important themes is the ethical use of digital technologies. The Declaration notes that “the use of digital technologies and social media may represent a threat to the implementation of many ethical standards, including but not limited to privacy and confidentiality, conflicts of interest, competencies, and documentation...” (art. 8.2).

The global definition of social work from Melbourne also became the ideological basis of the new Ethical Code of Social Worker and Social Work Assistant of the Slovak Republic, approved by the Slovak Chamber of Social Workers and Social Work Assistants in 2015. It followed a new legislative framework for social work in Slovakia, specifically Act No. 219/2014 Z. z. on Social Work and on Conditions for the Performance of Certain Activities in Social Matters and Family Matters and on Amendment and Completion of Certain Laws. Its main goal was to support the professionalization of social work performance, particularly by establishing essential qualification requirements and setting up the Slovak Chamber of Social Workers and Social Work Assistants. This professional organization is responsible for approving and revising the ethical code of the profession as well as issuing opinions on ethical questions in social work practice. Three key values of Slovak social work are according to this code social justice, human dignity, and the importance of interpersonal relationships. Closely connected to human dignity is the principle of respect for human rights. From the code text (Slovenská komora, 2015): Social work is based on respect for the dignity of all people without distinction and on observing human rights as stated in international documents.

The Slovak ethical code was revised twice. The 2019 revision responded to the new international ethical code from 2018. In the section on the value of human dignity, according to the pattern of the international ethical code, a formulation was added that the social worker and social work assistant “cooperate with other persons in finding an appropriate balance between human rights that contradict each other.” The principle of supporting the right to self-determination is formulated so that the balance between rights of individual clients is included: “A social worker and social work assistant respect and promote the rights of people to make their own choices and decisions provided this does not endanger the rights and legitimate interests of others.” In a similar way, the formulation of the right to confidentiality and privacy was revised: “In accordance with human rights, a social worker and social work assistant respect the client’s right to confidentiality and privacy, as long as there is no risk of self-harm or harm to others or legal restrictions... they inform people they work with about the limits of confidentiality and privacy” (Slovenská komora, 2019).

The second revision of the Slovak ethical code was carried out in 2021. It responded to three major drivers: 1) the coronavirus pandemic; 2) digital communication, which, as a result of the pandemic, became a common part of many social work services; 3) feedback from chamber members regarding ethical questions in social work practice. In response to digital-age challenges, whose rise in Slovakia was fundamentally accelerated by the pandemic, the Statement emphasizes that social workers (and social work assistants) should become competent in using newer technologies, including ethical sensitivity in protecting privacy and confidential information in electronic communication (Slovenská komora, 2021, Mátel, 2021).

Conclusion

Since 1994, human rights have been part of international and national ethical codes of social work. In 2000, they were identified as essential principles in the global definition of social work. Today, their observance and respect remain central to social work, as confirmed by the global definition from 2014 and the current international ethical code from 2018. The concept of human rights is closely linked to the value of human dignity and non-discriminatory behavior. A current trend among ethics experts, as well as international and national ethical codes, is to draw attention to the intersubjectivity of human dignity and human rights, rights “between” individuals, and to creating balance against subjective and one-sided interpretation of rights at the expense of others. In essence, this is an extremely important principle of human-rights interpretation based on the idea that “my right ends where others’ rights begin.” Therefore, in relation to problematic and dilemmatic situations where mutual conflicts of individual rights may arise, social workers must be consistently trained in pre-graduate, graduate, and continuing education.

Author: prof. PhDr. ThDr. Andrej Mátel, PhD. The contribution was created as part of the VEGA 1/0234/20 project “Dilemmas of respecting human dignity and human rights in social work and social services.”

The contribution was presented at the conference of the Senate of the Parliament of the Czech Republic in Prague, Social Work and Human Rights, on 20 May 2022.

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