Professional conduct
Encyclopedia
Professional conduct is the field of regulation
of members of professional bodies, either acting under statutory or contractual powers.
Historically, professional conduct was wholly undertaken by the private professional bodies, the sole legal authority for which was of a contractual nature. These bodies commonly established codes of conduct and ethical code
s for the guidance of their members.
In certain areas, where the public interest
is considered to be heavily engaged legislation
has been enacted, either replacing professional regulation by statutory legislation, or by a form of supervision
of the professional body by a statutory body.
(such as is the case with medicine
, the legal profession, and financial services
), its professional conduct machinery must conform to the European Convention on Human Rights
.
Regulation
Regulation is administrative legislation that constitutes or constrains rights and allocates responsibilities. It can be distinguished from primary legislation on the one hand and judge-made law on the other...
of members of professional bodies, either acting under statutory or contractual powers.
Historically, professional conduct was wholly undertaken by the private professional bodies, the sole legal authority for which was of a contractual nature. These bodies commonly established codes of conduct and ethical code
Ethical code
An ethical code is adopted by an organization in an attempt to assist those in the organization called upon to make a decision understand the difference between 'right' and 'wrong' and to apply this understanding to their decision...
s for the guidance of their members.
In certain areas, where the public interest
Public interest
The public interest refers to the "common well-being" or "general welfare." The public interest is central to policy debates, politics, democracy and the nature of government itself...
is considered to be heavily engaged legislation
Legislation
Legislation is law which has been promulgated by a legislature or other governing body, or the process of making it...
has been enacted, either replacing professional regulation by statutory legislation, or by a form of supervision
Supervision
Supervision may refer to:*Supervisor, one who oversees the work or tasks of another*Regulation, controlling behavior by rules or restrictions...
of the professional body by a statutory body.
United Kingdom
In the United Kingdom, where a professional body is a public body within the meaning of the Human Rights Act 1998Human Rights Act 1998
The Human Rights Act 1998 is an Act of Parliament of the United Kingdom which received Royal Assent on 9 November 1998, and mostly came into force on 2 October 2000. Its aim is to "give further effect" in UK law to the rights contained in the European Convention on Human Rights...
(such as is the case with medicine
Medicine
Medicine is the science and art of healing. It encompasses a variety of health care practices evolved to maintain and restore health by the prevention and treatment of illness....
, the legal profession, and financial services
Financial services
Financial services refer to services provided by the finance industry. The finance industry encompasses a broad range of organizations that deal with the management of money. Among these organizations are credit unions, banks, credit card companies, insurance companies, consumer finance companies,...
), its professional conduct machinery must conform to the European Convention on Human Rights
European Convention on Human Rights
The Convention for the Protection of Human Rights and Fundamental Freedoms is an international treaty to protect human rights and fundamental freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953...
.
See also
- LicensureLicensureLicensure refers to the granting of a license, which gives a "permission to practice." Such licenses are usually issued in order to regulate some activity that is deemed to be dangerous or a threat to the person or the public or which involves a high level of specialized skill...
- Professional abuseProfessional abuseProfessional abusers:* take advantage of their client or patient's trust* exploit their vulnerability* do not act in their best interests* fail to keep professional boundariesAbuse may be:* discriminatory* financial* physical/neglectful...
- Professional ethicsProfessional ethicsProfessional ethics encompass the personal and corporate standards of behaviour expected of professionals.- Professional ethics :Professional people and those working in acknowledged professions exercise specialist knowledge and skill...
- Professional responsibilityProfessional responsibilityProfessional responsibility is the area of legal practice that encompasses the duties of attorneys to act in a professional manner, obey the law, avoid conflicts of interest, and put the interests of clients ahead of their own interests....