27/10/03
(lesson 1)(1)
îùôè = ôøåöãåøä, äàîðí?
We are living
in a democratic state in which there is no single model and there is
responsibility to reinterpret the law each moment. All the theories
in social work have no value unless they are more than theories. We
need to understand them through interpretive eyes. There relevance is
only important if we consider our subjective values. We have various
ways to be social workers and to interpret the laws, methods and theories.
Laws are dry – but this is only a part of the law. We can look at
the interaction between the law and social work. For example, before
an interrogation the social worker can request a delay during which
he will send the client to treatment. The social worker needs to know
what the options are and how to apply them. In a relationship between
social worker and client the social worker must not bring his values
into the situation. A social worker must first be a person and only
then a profession. The client is an object to which a social worker
applies all his professional knowledge.
Civil rights
– a person is not an object. If a social worker works with a client
he needs to perceive him as a person; as the creator of his own world,
with his potential to develop and learn, progress and change. If a social
worker is only a professional and not a person then he reduces these
thoughts to psycho-diagnostic characteristics.
With which
fundamentals do we work with? The client has the right to education,
to learn, to develop, to health services etc. Some social workers feel
that clients only want to use and abuse their rights. ëáåã àãí
åçéøåúå is the basis of social work and gives a person a sense
of strength.
úé÷åï
òåìí- this is also part of one’s self sense and is a never ending
process that is dynamic. We need to focus on both rectifying the individual
and the society.
Child – an
identified object – either we can treat only to the child or to conduct
family therapy.
Not every person
who is sad, depressed or anxious is the cause of the problem because
not everyone needs psychotherapy. As social workers we need to help
the person to adapt. At school the child may be hyperactive but the
problem may begin at home. The child reacts in this way but this is
a healthy sign because only in this way we know that there is a problem.
If the child were quiet he could commit suicide and we wouldn’t understand
why.
Values are
part of the laws in social work, but are we able to identify with them?
Are the social work values part of our value system? Today people are
well aware of their rights! Do I really believe that people deserve
their rights? Do I as a social worker believe that part of a person’s
civil right is to receive assistance? The language of rights is also
part of treatment. The client feels as if he can get assistance. The
social worker needs to believe that we as people (clients) have rights.
So if we argue about what kind of rights and how many – this stems
from different places because we both believe that each person has rights.
What is the
meaning of ëáåã? Laws? Rights? Etc. I first need to know how these
factors relate to me- only then will I be able to apply these to others.
I need to be independent in the way I weigh laws even though the law
determines. We need to consider each case individually. 3/11/03
(lesson 2)(1)
îùôè = ôøåöãåøä, äàîðí?Ronen:
“Protection from whom and from what? Protection proceedings and the
voice of the child at risk” in Children’s rights and traditional
values
Describes how
we need to empower the child. It refers to the child as an individual.
What should I as a profession consider in my treatment of the child.
We need to relate to the child as a person and to respond to him and
not just to react. We are only able to respond to the child under the
condition that we are attentive to him. We need to strive to see the
child in his entirety and not partially. We are affected by our stereotypes.
Therapeutic
Jurisprudence:
My client has
a mental injury and works in a fast food place and is humiliated –
he needs to consider the benefits and losses of his situation. He may
feel that the work is the most important while mockery is marginal;
or visa versa. I need to hear him and his subjective feelings about
his experience. I need to distinguish between the client’s needs and
my own wishes for him.
The law
is not only procedures. In the contrary, I need to respect people,
to hear their voice and to see the complete situation. There isn’t
only one correct answer/solution to each case. Our client stands under
an umbrella and above the umbrella there are various possible options
that we need to consider. There are numerous correct decisions and I,
as an advocate, need to take them all into account. I may reach a solution/decision
only after hearing the child and his parents and respecting them.
(From 10/11/03
-lesson 3- Missed half a lesson) There is professional action and legal
action. Some lawyer’s perspectives of human rights are procedural,
while other relate to something more profound – the child’s case
is considered and his voice is heard.
Law=Procedure: If law is not a procedure then maybe
we can be representatives. “Protection from whom and from what”
(ñéðâåø) – a social worker does not need to be a lawyer in order
to represent the client. A social worker has to ask himself which of
the child’s right he wants to protect. (2)
“çå÷ éñåã ëáåã äàãí åçéøåúå” –
òáê äàãí, ÷ãåùú çééá åäéåúå áï çåøéï
Fundamentals
of the law – man’s values and rights to freedom. This law refers
to citizens as well and foreigners; men and women; people of all religious
affiliations. Man has his unconditional value and his life needs to
be preserved. E.g. Israel’s need to return the soldiers who were prisoners
of war.
If a person
is engaged in behaviour which leads him to deteriorate in any way, then
a judge may decide to forbid this behaviour. Some behaviours have adverse
affects on all people and therefore must be forbidden. Law needs to
be considered together with values and context and not only literary. 17/11/03
(lesson 4)Menahem
Mautner: “äîùôè äñîåé îäòéï”:
The state cannot
interfere with people realizing their rights such as freedom of creed
and other social rights etc. The state needs to be both passive and
active (i.e. not interfering with people claiming their rights and also
enforcing these rights – paying for education; minimum wage etc).
Mautner critics
the Supreme Court. The Supreme Court cannot determine the hierarchy
of values. The values are latent and not exposed to public. He said
that there could be a hierarchy of values as long as it is exposed and
manifest and openly discussed because it exists. He also critics the
supreme courts agenda. The Supreme Court internalised this criticism.
We need to be aware of the historical processes taking place and of
the analysis. Law is culture and forms behaviour and attitudes and influences
how we perceive the world and how other lawyers are influenced by the
law and its framework. To what extent is the court influenced and influences?
Social workers need to learn how they can use their position to influence
the law. Social workers should be skilled in a way that they have the
opportunity to grow and develop in the field. Mautner claims that the
judge Barak has impressive values of human rights but needs to expose
them to public discussion. He criticizes Barak for perceiving law and
values in an objective sense like one would perceive natural science.
But values are not an exact science. There is often personal interpretation
of these objective values and human rights that cannot be ignored. We
need take the human rights into consideration when proposing our subjective
interpretation because it is our context. We cannot ignore these rights
and laws and to act according to our own theories.
There is no
book which defines the boundaries of what is clean or dirty etc. We
therefore need to use our judgement. We need to listen to each one to
find out which rights are important to them, which will enable them
to fulfil and realize themselves and their rights.
What are the
boundaries of the social work in terms of values – can a child be
present during a discussion about him with his parents? Which of these
human rights is the social worker going to enforce. The social work
must be dictated by the fundamentals of human rights (a girl locked
up in a cage for bad conduct) – the social work must either justify
this treatment or demand that the cage be destroyed. In each an every
situation we need to function according to the essentials of human rights.
What can we do for the client to ensure his mental health? Social justice
and human rights. Menahem
Mautner: “òåöîéí òéï àçã” Mishpat
Nosaf 1 (2001). Pg 4-8 (494292-ò).
In the 80’s
and 90’s there was a focus on the social aspects. In Israel we had
to two parallel processes. Israel becomes a multi-cultural society;
and destruction of the Israeli social democratic. The market is a means
for preserving the welfare of the state. The state had cutbacks in welfare
services in all areas (education, health, wages etc.). Since the 80’s
the welfare state is no longer seen as one who needs to provide egalitarian
services to each citizen. In the 60’s-80’s the state was of the
opinion that they had ensure basic services such as employment (building
roads and planting trees).
Social right:
Child with learning disabilities needs to be integrated into the normal
education system. This is a social right.
Law prevents
a person from selling a kidney because the state needs to ensure a minimum
standard of living.
Mautner describes
the reality of increased economic disparities between classes. In the
90’s the disparities were x25 while in the 80’s x8. Poverty rates
are increasing. Most Israelis in 90’s receive less than the average
income. The distribution is not normal.
Barak speak
so of the “liberal open-minded” population which does not consider
the disparities. Over numerous decades the state was responsible for
education and other services; new immigrants etc. But in poverty-stricken
neighbourhoods there were only agricultural vocational schools and not
academic ones.
If the state
does not respond to these needs do we as a society need to take care
of these issues.
There are costs,
knowledge (education and health rights), and emotional connection to
the court cultural values. Many populations will not turn to court for
assistance because they feel alienated from the legal system. (2)
Law as a culture and questions on social justice: We spoke about Mautner’s
article-“äîùôè
äñîåé îäòéï”
–When people read verdicts they learn how one must conduct himself
and not only how one acted in the past. This is because the law is also
a culture – a way of conduct. E.g. Previously marital rape was not
considered rape while recently rape was considered any forced sexual
activity. Today all physical punishment of children at schools by teachers
and at home by parents is unacceptable. 24/11/03
(lesson 5)(10)
îöøëéí ìæëåéåú çáøúéåúElbashan:
“äùòåï äî÷åì÷ì îñøá ìðåò”
He claims that
bagats does not hold a position on social rights. He claims that legal
procedures dictate that bagats take a stand on this subject. Social
workers often avoid terms such as injustice, grief, discrimination etc.
They do not respond to needs connected to social rights. All Supreme
Court judges need to have social responsibility. Social workers can
work not only to change clients attitudes and perspectives but the society
as a whole.
A social work
needs to have a social vision in order to assist people. They need to
know how and when to help. In practice social workers serve the social
order since they are bound by it. They do not question the various institutions
and the ways in which they deal with their residents. The social worker
should not blindly accept all the institutions regulations if they contradict
the needs of the residents. Social workers should therefore not collaborate
with these institutions; rather they should voice their opinions while
basing on their professional knowledge. Social workers should first
and foremost serve their clients and not their organizations. There
is an interaction between the individual, the social change and the
role of advocacy. Many social workers are employed by local municipalities
and are therefore bound by their regulations and bureaucracy. How does
the social worker manoeuvre in this contradictory situation?
Elbashan realized
that the coloured kids need to have the same rights as white kids but
he needed to act within the boundaries of the law -which is not a law.
He therefore is dictated by the laws of the state. His position in the
legal system forced him to act according to the law and not according
to his subjective opinion. For example in Israel children have a right
to a fund as long as their parents served in the army. Unemployed individuals
in Israel are not entitled to unemployment benefits it they do not accept
the job that they are offered, such as cleaning etc (i.e. they do not
have the right to a job in their field). Their choice is limited to
accepting a job for which they are overqualified or not receiving unemployment
benefits.
100 years ago
the law was passed that “separate but equal” is not acceptable.
Ronen claims that very little has changed after the civil war. Racial
discrimination is forbidden. All decisions are political. Whether one
makes a decision, avoids it, ignores it – this is all political. This
occurs when we function in a social arena. By removing a wife batter
from a home we empower the women and this is a political stand. Elbashan - Barak’s claim that the court is
like a broken watch that needs to be knocked to get it working again.
Elbashan says that he wants to perceive the terms in a broader way.
How do we perceive the term civil/human rights and what does it mean.
We need to perceive the person standing in front of us with all his
right, all that he deserves and all that I can do for him. Only from
this ability to understand and think can true change come about. Sometimes
there is information on a subject but no knowledge or understanding
of it.
Elbashan:
Summery of article
The supreme
court does not relate to welfare rights. æëåéåú çáøúéåú=æëåéåú
ùçåøåú. Elbashan refers to social rights as “black rights”.
In Israel these rights are granted but are considered charity and are
not protected under the law (they are not real rights). Social rights
are not considered to be in the same context as human or civil rights.
The supreme court neglects social issues. However, expression of speech,
creed etc. is defined by the law as part of human rights, but social
rights are not defined by law. The supreme court avoids them because
it claims that they are political issues and not connected to the legal
system. The supreme court does not need to provide the financial resources
to needy individuals. There is passive vs active intervention. For example
freedom of speech does not need to be enforced. The court does not need
to intervene for it to exist and therefore it is passive. However in
order to provide financial assistance the court needs to be active.
1) Supreme
court claims: social rights are political and therefore do not need
to be under supreme court jurisdiction.
Elbashan’s
criticism: Protesting also needs to be financed therefore the above
is not an excuse. In both cases funding is needed. Also, today everything
is political and the supreme court intervenes in other political issues
such as religion and state.
2) Supreme
court claims: Social rights weren’t clearly defined in comparison
to civil rights (e.g. housing standards differ across cultures and countries).
Elbashan’s
criticism: We cannot compare across countries. Also if supreme court
begins dealing with these issues then the boundaries will be defined.
òùééä äùéôåèéú äéà äéà ùîâãéøä àú âáåìåú
äàîéîåú 3) Supreme
court claims: Claims to have no opportunities to deal with social
rights.
Elbashan’s
criticism: The supreme court decides what to deal with and what
not. If they want to intervene they do so. In the case of petitions
(òúéøä) if the supreme court ignores them they discourage people
to write further petitions.
ôøùú
òæàîé – A criminal asked to be release from custody due to
the difficult conditions. But judge Alon demanded only minimal standards/conditions
in custody. Therefore in this case the supreme court hardly referred
to social rights.
áï ùìîä
– In this case the supreme court did relate to social rights. At first
Hebrew blacksòáøéí ùçåøéí
didn’t have
rights because they were not citizens. But later they received rights.
This is an example of the potential that the supreme court has of it
decides to relate to social rights.
Why does
the supreme court neglect social rights? They represent the elite
classes and not the poor. There is less representation of weak groups
such as women, children, haredim, Arabs etc. This composition influences
their desire to encourage social changes.
òîåúú
ùåçøé âéìú (çéðåê) – This case represents the positive
aspects of social rights. The supreme court referred to it but in the
verdict (ôñé÷ä) they didn’t refer to it as a law.
Judge Zamir
– He admitted that the supreme court neglects social rights. He related
to some of the social rights but referred to them as civil rights.
çìîéã
– An Israeli citizen who wanted his rights even though he lived in
USA. The verdict decided was partially to his benefit. This is a social
right.
Conclusion:
Judge Barak says that the supreme court is like a broken watch – it
only starts working when you knock it. 01/12/03
(lesson 6)
Discussed how
the Supreme Court forces the state to provide services to populations
that are discriminated against by the mainstream society (e.g. Compulsory
kindergarten; education for all races in Israel; the need for a school
to be situated within X km of a child’s home thus enabling a child
to attend). 7/12/03
(lesson 7)
Two groups
in Israel are struggling for hegemony. Political liberal vs. Jewish
religious. This is an incorrect dichotomy because some claim to fit
into both groups. These groups are struggling over the character of
the state and they do not take social issues and social justice into
account. There is neglect of social aspect by both these groups since
the establishment of the state. Today in all 3 groups there is an awakening
to the social aspects of the state.
In the 50’s
and 60’s there was an attempt at integrating everyone in a crucible
to form a united society. Today there is no longer a need to integrate
the cultures. Instead there is a process of fragmentation, the side
affect of which is a lack on interest in other cultures. The secular
Ashkenazi population promotes their quality of life and the Supreme
Court serves their needs and their social rights. The human dignity
bill of rights was passed but no human/ civil rights acts were passed.
Arabs, haredi, mizrahim groups could not influence the mainstream culture
and demand their social rights.
Mautner claim
that the supreme courts is not interested in social rights; rather they
support freedom of speech, expression, etc. Martha
Minow: “Words and the door to the land of change: Law, Language, and
Family Violence”
There is a
clear distinction between the private and public sector. Social responsibility
is limited in the USA. Barak received an American education and we can
see this influence in Israel especial till in the 70’s. We will observe
how human rights developed. The social aspects of human rights are significant. (10)
îöøëéí ìæëåéåú çáøúéåú Bar-Navi: áø-ðáéà: “æëåéåú àæøç- îáè
äéñèåøé... æëåéåú àãí áéùøàì”
Jehudit Karp
& Bar Navi: Historical perspective of civil rights. USSR lost the
ideological struggle against the west because the method was very forceful
and authoritative. There were tightly connected to rights to leisure
and rights to culture etc. The USA does not regard these values. Liberty
and equality contradict each other. There is no preference of equality
over liberty. Furthermore, the USSR also failed to ensure an egalitarian
society. Today people in former USSR have no economic stability. They
want democracy to respond to the needs of the individual. A hungry person
is not interested in civil rights. First of all he needs to eat and
to be employed in order to sustain himself. Only once these basic social
needs are satisfied can other civil rights be proposed.
Bar-Navi:
Summery of article
He discusses
social right from a historical perspective. Liberalism was the start
of human rights and developed in the 18th century. Education
brings with it the development of human rights.
1776- Independence
of USA.
1789- French
Revolution
The goal was
to draw up a constitution (çå÷ä).
Right wing
criticism: This is a conservative approach that claims that human
rights interfere with society as a whole.
Left wing
criticism: Formalization – rights are not practical, just formal.
They are passive.
Rosso:
Social rights change once every 4 years, like before elections.
There is a
contradiction between liberty and equality.
Criticism –
Marxism: Since man is part of a context we cannot refer to him as an
individual. A man is only a cell in society. Civil rights contradicts
the Marxist philosophy, which perceives society as a whole.
Democracy is
the worst form of reign because it protects civil rights and has to
rely on each and every person of society for its definitions. çééá
ìñîåê òì ùëì äéùø åòì äîéãåú äèåáåú ùì
äàæøç Doron
& Yanai: There
will be a ñì ùé÷åí – clients will determine what they need.
ҍ֎֜
çå÷ ùéøåúé øååçä å÷áéòåú ñìé ùéøåú. äöòä
îåâùú ìùøú äòáåãä åäøååçä áîñâøú öååú
çùéáä åééòåõ áðåùàé øååçä”15/12/03
(lesson 8) Just babbling on….. J… and on
22/12/03
(lesson 9) Just sat… L hee hee 28/12/03
(lesson 10) Summery
Last lesson
we spoke about subject 1 which is repeated in a number of items throughout
bibliography. At the basis of this law there is self-realization
(liberal western influence); an alternative explanation is that
man was created in God’s image and therefore needs to be given
the basic human rights. Man was created in God’s image therefore he
has free choice and this distinguishes him from animals. Likewise, self-realization
will be chosen if man is given the choice - man will not only try to
gratify his basic needs. Therefore these two perspectives have similarities.
We need to
consider human rights in each of our decisions. We disagree with placing
a girl in a cage as a form of punishment because (1) she is made in
God’s image or because (2) this prevents her self-realization. Both.
(4)
îùôè, ùéðåé áôøè åñô÷ îéèéá Judith
Karp: “î÷öú ùàìåú òì ëáåã äàãí ìôé çå÷
éñåã: ëáåã äàãí åçéøåúå”
Karp also speaks
about human dignity. Giving someone the benefit of the doubt is treating
a person with dignity.
Rabbi Nahman:”àí
àúä îàîéï ùàôùø ì÷ì÷ì ìàîéï àôùø ìú÷ï”.
(i.e. if you believe that your behaviour and actions can destroy then
believe that they can also rectify). How do we perceive ourselves? Do
we feel that we can change our qualities? By acting differently we are
able to change out character and qualities. Some people do not have
hope; they do not feel that they can change. Their attitudes about themselves
limit them.
Wexler:
“Therapeutic Jurisprudence and the Culture of Critique”
Wexler says
that we live in a critical culture and we are not inclined to believe
because we are very scientific. It is believed that people who are gullible
are fools. We also do not believe in others. A person’s conduct sheds
light about his potential but also is an obstacle to change. We need
to believe in others and to have hope because psychological treatment
is based on hope. Wexler says that law must be therapeutic. Ronen also
claims that law needs to serve the individual’s well-being. Wexler
writes that in a critical culture we cannot be therapeutic. If professionals
just want to diagnose people and to classify them then the process is
not therapeutic. We need to be aware that we are living in a critical
culture - a culture which praises the doubt- doubt of success.
Tannen (in
Wexler article) explores how culture of argument and critique severely
limits creative problem solving. This culture pervades western society
and manifests itself in politics. Journalism, academia and law. She
feels that critique is legitimate but the culture of critique is not,
because it privileges argumentation and critique and disparages/ belittles
other approaches of intellectual inquiry. In fact development in therapeutic
jurisprudence have been the product of such alternative approaches of
intellectual inquiry.
This can also
be applied to work with children in families (Ronen’s
article- “Protection from whom and from what?”).
Each child at risk is in danger to himself, but on the other hand a
child often knows what’s best for him in light of his experience.
Even in background of hardship, awareness and understanding can develop. 5/01/04
(lesson 11)
The relationship
between client and therapist needs to be based on trust. The social
work needs to have an ability to understand and to believe his client
and in his client. We need to give him the benefit of the doubt. When
a person had a trauma he wants to put it to the back of his mind –to
repress it and not to think about it. The court is faced with a conflict
between narratives – the client’s story vs. the family or milieu’s
story. If there was emotional abuse how does the court relate to it?
How do they relate to the parent’s narrative in light of the child’s
narrative?
A person can
get a defence lawyer ñðâåø if he needs and this is financed by
the state.
(8)
àçøéåú äòåáã äñåöéàìé: ñéðâåø åùéðåé
çáøúé
Dayal:
“Ch 2: Gandhian Philosophy of Social Work”
I need to reconstruct
the image of the person that I work with. We base on the fact that a
person is a material being who aspires only to realise himself (economically)
and wants to realise his social and economic rights. This basis acts
against our clients because we perceive the client as a person without
a spiritual side. We need to realize that a person has other facets
to him besides for the material fulfilment.
12/01/04
(lesson 12) REPORTING
– îùäå îòáø ìçåáú äãéååç
Most social
workers report because they fear that if something happens they will
be held responsible.
We have a policy
of penalization by which we punish the criminals. It seems as if the
system places the victim in the priority but often the main priority
is the society and its rights. Of course, the victim is also considered
but the main interest is of the society. The system punishes perpetrators
who hurt the society and not only the victim. However, they should also
consider the victim and his individual injury. The victim also needs
to be given the chance to describe what he experienced – this information
is often not taken into account in the various considerations taken
into account when punishing the criminal. When we ask what exists in
addition to the responsibility to report.
We need to
take the client’s rights into consideration when representing him.
Some cases are clear while others dictate extra considerations. (8)
àçøéåú äòåáã äñöéàìé: ñðâåø åùéðåé çáøúé
Ideas following
from topic 2 and 3…..To what extent can the law be flexible…?
In this current
topic we will discuss the basics and more. We know that law is connected
to social change and if we need to represent someone we need to give
him the benefit of the doubt and to perceive him in a positive light.
The social work needs to and has the responsibility to see his client
in positive light and this is the basis for social change. This is the
way that Joseph (Torah) related to his brothers – he accepts their
repentance and understands that by correcting the present they actually
change the past because they rectify the present. The positive results
of their initially negative action can now be attributed to them! (eize
joffy) The significance of what happened in now positive. But the brothers
don’t believe him and therefore they say that Jacob told them to tell
him to forgive them. He gives them the benefit of the doubt more than
they give themselves.
A person has
unlimited potential and we need to see it.
Rosenfeld:
“àçøéåú äòåáã äñåöéàìé åàéðèøñ äôåðéí”
Rosenfelt gives
his attitude that the social worker’s first priority is towards the
client, and his responsibility towards the society is only secondary
or as a by product of the former. He gives the client the means to find
his place in the society. There is also place for reward. What happens
when there is a conflict between the interests of the client (the child;
mentally ill patient etc) and the rest of the people in the hostel?
Should the one who spoils it for the many be distanced? Sometimes yes
because we are responsible for the other’s well being too. 19/01/04
(lesson 13) (9)
äùìëåú àùøåø äàîðåú äáéðìàåîéåú åàéîåõ
ç÷é÷ú éñåã
If there is
a law before this law it will be valid in case the more recent law does
not relate to certain issues.
To change law
we need majority and another condition. This law is a guide in our decision
making process.
A social work
cannot be selective of patients.
A social work
needs to function within constraints of the law.
Pg 69-71; 77-86. (12)
ôøèéåú äì÷åç
Clients privacy/confidentiality:
Part of people’s self-dignity is there privacy therefore when we represent
a case in a committee we need to present all the voices and not only
to present the individual in a negative light.
GOOD LUCK J