Latvian court rules lifetime ban on violent offenders becoming psychologists unconstitutional

Latvia’s Constitutional Court ruled on Monday that a lifetime ban on people convicted of violence or threatening violence from working as psychologists violates the Constitution, LSM reported. It said a person’s suitability for the profession must be assessed individually.

The case followed an application by the Administrative District Court, which is considering a refusal to register a person in the Psychologists Register because of a previous conviction for violence. The challenged rule bars the person from working as a psychologist regardless of whether the conviction has been expunged or removed.

The Constitutional Court said the ban aimed to protect other people’s rights and public welfare. It recognised that work as a psychologist depends on trust between the psychologist and client, and that a psychologist’s past conduct can affect both a client’s sense of safety and public confidence in the profession. Higher standards for people seeking to work as psychologists are therefore justified, it said.

However, the court said a lifetime restriction fails to account for individual circumstances and the possibility that a person’s behaviour and values may change. An individual assessment could consider the seriousness of the offence, the interests it harmed, the circumstances and motive, the person’s conduct and attitude since the offence, their age at the time, and how much time has passed.

The court said a past conviction does not by itself always show that someone is unsuitable to work as a psychologist. It also said there is no basis to assume that everyone who committed a violent offence as a teenager or young adult will remain prone to violence for life. An assessment by a competent institution within the profession would allow a more objective judgment of whether a person can follow professional principles, including in unpredictable situations.