3.1 The idea of law

As with social work, our ideas about law are shaped through a series of images and encounters, and these affect our expectations of law as an area of study. They also have an impact on our reaction to legal intervention, which we have seen is relevant to social work practice.

Figure 1
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Acknowledgements
Social work is a dynamic profession that is undergoing a period of significant change in Scotland. Social workers have the power to make assessments and decisions that radically alter people's lives. This unit introduces the law as it relates to social work and encourages an understanding of the context of the law in order to make sound decisions.
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4 Why do social workers need to know about the law?
Social work is a dynamic profession that is undergoing a period of significant change in Scotland. Social workers have the power to make assessments and decisions that radically alter people's lives. This unit introduces the law as it relates to social work and encourages an understanding of the context of the law in order to make sound decisions.
Author(s): The Open University

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3.3 How is law made?
Social work is a dynamic profession that is undergoing a period of significant change in Scotland. Social workers have the power to make assessments and decisions that radically alter people's lives. This unit introduces the law as it relates to social work and encourages an understanding of the context of the law in order to make sound decisions.
Author(s): The Open University

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3.2 Law in action vs law in books
Social work is a dynamic profession that is undergoing a period of significant change in Scotland. Social workers have the power to make assessments and decisions that radically alter people's lives. This unit introduces the law as it relates to social work and encourages an understanding of the context of the law in order to make sound decisions.
Author(s): The Open University

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2.3 Social work and social change
Social work is a dynamic profession that is undergoing a period of significant change in Scotland. Social workers have the power to make assessments and decisions that radically alter people's lives. This unit introduces the law as it relates to social work and encourages an understanding of the context of the law in order to make sound decisions.
Author(s): The Open University

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2.2 Finding out about social work
Social work is a dynamic profession that is undergoing a period of significant change in Scotland. Social workers have the power to make assessments and decisions that radically alter people's lives. This unit introduces the law as it relates to social work and encourages an understanding of the context of the law in order to make sound decisions.
Author(s): The Open University

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Learning outcomes
Social work is a dynamic profession that is undergoing a period of significant change in Scotland. Social workers have the power to make assessments and decisions that radically alter people's lives. This unit introduces the law as it relates to social work and encourages an understanding of the context of the law in order to make sound decisions.
Author(s): The Open University

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Introduction
Social work is a dynamic profession that is undergoing a period of significant change in Scotland. Social workers have the power to make assessments and decisions that radically alter people's lives. This unit introduces the law as it relates to social work and encourages an understanding of the context of the law in order to make sound decisions.
Author(s): The Open University

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5 Review of the learning outcomes

This unit discussed the meaning of privacy and what a right to privacy protects.

  • Privacy has variously been defined as: the right to be left alone; freedom from interruption, intrusion, embarrassment or accountability; control of the disclosure of personal information; protection of the individual's independence, dignity and integrity; secrecy, anonymity and solitude; the right to protection from intrusion into your personal life.

  • The
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4.4 Summary of part D

  • Article 8 protects the right to respect for private life, family life, home and correspondence.

  • The European Court of Human Rights has used Article 8 to protect the individual against excessive and unregulated police surveillance (Malone v UK, 1984; Perry v UK, 2003); interference with an individual's correspondence (Foxley v UK, 2001; Halford v UK, 1997); and state intrusion into the individual's sexual practice
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4.2 The protection of private interests in public places

Thus far we have seen how the European Court of Human Rights has used the right to a private life to protect individuals from excessive police surveillance, interception of their private correspondence and interference with their private sexual practices. Almost everyone must live partly in public, and private interests need protection in public places as well as on private property. In the Naomi Campbell case, the House of Lords acknowledged that in certain circumstances there may be a reaso
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4.1 The right to privacy and the state

The European Convention on Human Rights impacts upon legal rules in the UK. The European Convention protects a series of fundamental human rights. All final judgments of the European Court of Human Rights are binding on the state involved. In other words, the UK is expected to change the law to accommodate the rulings of the European Court of Human Rights. In Part D we will examine the right to privacy as enshrined in the European Convention on Human Rights and consider how the European Court
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3.3 Summary of part C

What the courts have established in the cases we have looked at is not a hard and fast privacy doctrine, but a situation in which each case is decided by individual judges on its particular merits. There is no free-standing right to privacy for individuals to enforce. However, where individuals have a strong countervailing interest to protect, the courts are willing to uphold their right to confidence.

  • Michael Douglas and Catherine Zeta-Jones successf
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3.2 Is there a right to privacy in the UK?

From these cases it seems that a duty of confidence clearly exists where confidential information comes to the knowledge of the media. However, the courts are not willing to limit the media's freedom of expression where the issues concern extramarital affairs. It appears that there must be some significant countervailing interest in order to uphold the right to confidence; in Naomi Campbell's case that countervailing interest was that she wished to protect the integrity of her medical treatme
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3.1 The expansion of the right to confidence

While there is no common law right to privacy, the law relating to breach of confidence has been expanded to a degree which suggests that privacy claims are now being given greater protection. The right to confidence has been expanded in recent cases such as Douglas and Others v Hello! Ltd (2001). In this case the Court of Appeal ruled that individuals have a right to personal privacy which was grounded in the doctrine of confidence. Michael Douglas and Catherine Zeta-Jones had granted
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2,2 The right to confidence

Those who allege that their privacy has been invaded commonly rely on the action of ‘breach of the right to confidence’. The common law right to confidence is a recognised right. The essence of the right to confidence may be summarised as misuse of private information. The English courts have established, in numerous decisions, that obtaining or publishing unauthorised photographs or information amounts to a breach of confidence in situations where a ‘duty of confidence’ exi
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3.8 Summary of Part B

In Part B you learned more about the ECHR and the procedures of the ECtHR and how protocols have been used to ensure that the ECHR remains a living instrument. Part B also explored the new challenges created by the rapid expansion of HCPs at the end of the last century and the proposals for reform of the ECtHR.

3.7 The growth of the ECHR

The achievements of the ECHR are many. It continues to promote human rights and democracy across Europe, it has established jurisprudence in human rights and it has made significant contributions to the continued peace and stability of Europe. Recent reforms mean that the right of individual petition is now guaranteed, so individuals are afforded protection from the power of the state. The number of HCPs has expanded to 46 and access to the protection of the ECHR and the ECtHR is available to
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