Striking a Balance Between Counseling and Compliance: Social Workers’ Legal Consciousness at the Forefront of Human Rights Implementation

Abstract

This study explores legal consciousness of social workers within the framework of the 2015 Social Support Act (SSA) in the Netherlands. The aim of this law is to provide social support and care to citizens with impairments or chronic psychological or psychosocial problems, with the goal of enabling people to live independently and actively participate in society. The SSA grants entitlement to a needs assessment to applicants, essential for accessing personalized provisions. This assessment is a pivotal legal evaluation for persons with disabilities to ultimately exercise their rights under the UN Convention on the Rights of Persons with Disabilities (CRPD), ratified by the Netherlands in 2016. With the use of the concept of legal consciousness, this study aims to contribute to understanding social workers’ experiences, understandings, and actions in relation to law in the context of legal decision-making on behalf of the council. The study employs a legal-anthropological approach involving participant observation of 17 needs assessments conducted by social workers, during 2022–2024, within three social district teams in one municipality and 25 semi-structured interviews with social workers and with eight applicants. Findings indicate that social workers experience a tension between their supportive role and legal duties. Two primary schemes of legal consciousness are identified: “before the law,” where adherence to legal constructs like citizens’ self-sufficiency seems paramount, and “with the law,” where the law is strategically used to balance applicants’ needs and organizational aims. Social workers employ three main strategies to manage their supportive role vis-à-vis the law: embedding professional values into legal interpretations and decisions, team collaboration, and strategic case presentation. This paper concludes by suggesting that leveraging opportunities presented by the ratification of the CRPD may strengthen social work standards on the local level.