The Constitutional Court ruled that the current law prohibiting the appointment of former criminals of child sexual abuse as civil servants or professional soldiers is unconstitutional.
The Constitutional Court today (24th) made a decision of constitutional inconsistency with a 6 to 3 opinion of the judges regarding the constitutional complaint to the effect that Article 33 of the State Public Officials Act and Article 10 of the Military Justice Act violate the freedom of choice of occupation.
Inconsistency is a decision that recognizes the unconstitutionality of a provision of the law but keeps it in existence by setting a time limit to prevent confusion that would result if the provision was immediately invalidated and to allow the National Assembly to enact alternative legislation.
The deadline for amending the law given by the Constitutional Court is May 31, 2024.
The Constitutional Court said, "The provision subject to adjudication permanently restricts the appointment of public officials and non-commissioned officers in all general positions, including those not related to children, and does not recognize any possibility that the reasons for disqualification will be resolved no matter how long it takes." It violates the principle and infringes on the right to hold public office."
The court added that the legislative purpose of 'securing public trust' and 'protecting children's health and safety' is justified, but it is possible to set a period of restriction on appointment as the same sexual abuse acts vary in the type and nature of the crime.