| Abstract: | Summary The 1998 Human Rights Act makes the European Convention on HumanRights directly enforceable by the United Kingdom's courts andtribunals. This represents a major constitutional change andwill allow statute law and common law to be assessed, or reassessed,according to the rights laid down in the Convention. This hasmany implications for social work policy makers, managers andpractitioners. It will require the Convention rights to be atthe heart of social work practice. The ability of service usersto challenge decisions by social services departments will nolonger be dependent upon the traditional approach to judicialreview. Compliance with the Convention will now feature in legalchallenges. It is essential that the practice of social workembraces the principles outlined in the Convention. In manyrespects, they are rights that practitioners and others recognizeas being basic expectations of service users, and making themdirectly enforceable can only be for the good. However, we shouldnot underestimate the effect that the legislation will have.This article outlines the legal effects of the 1998 Human RightsAct and illustrates them by reference to examples from socialwork practice. |
