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On compliance of Section 242(5) with Articles 96 and 110 of the Constitution of the Republic of Latvia

The Constitutional Court ruled the following:

1. To dismiss proceedings in the case in the part concerning compliance of Section 242, Clause 5 of the Civil Law with Article 96 of the Satversme of the Republic of Latvia.
2. To recognise Section 242, Clause 5 of the Civil Law, insofar as it establishes an absolute prohibition for a person who has been convicted of a criminal offence related to violence or threat of violence to be a guardian, regardless of expungement or setting aside of conviction, as being incompatible with Article 110 of the Satversme of the Republic of Latvia.
3. With regard to the persons to whom Section 242, Clause 5 of the Civil Law has been applied and who have commenced and continue proceedings for the protection of their fundamental rights by general means for the protection of rights, to recognise Section 242, Clause 5 of the Civil Law, insofar as it establishes an absolute prohibition for a person who has been convicted of a criminal offence related to violence or threat of violence to be a guardian, regardless of expungement or setting aside of conviction, as being incompatible with Article 110 of the Satversme of the Republic of Latvia as of the day of occurrence of infringement of fundamental rights of these persons.