Opinion on the bill introducing a general reporting obligation
Opinion of the Commission on the bill introducing a general obligation to report offences committed against minors or vulnerable persons
Bill introducing a general reporting obligation
The Commission of Psychologists has issued an unfavourable opinion on the bill aiming to establish a general obligation to report offences committed against minors or vulnerable persons.
According to the Commission, such a measure would remove the psychologist’s professional judgement, which is essential in order to intervene in an ethical, appropriate and protective manner.
It would weaken the relationship of trust, undermine prevention efforts, and risk deterring not only victims but also offenders or potential offenders from seeking help.
The Commission considers that the proposal offers a disproportionate response to an important issue, for which legal tools already exist.
An already balanced framework
Article 458bis of the Criminal Code stipulates that any person bound by professional secrecy may inform the Public Prosecutor of an offence committed against a minor or a vulnerable person.
This mechanism already allows, in serious situations, for professional secrecy to be lifted — sometimes in consultation with the patient — to protect the person concerned or to prevent reoffending.
Current legislation therefore provides a balance between the protection of vulnerable persons and the respect for professional secrecy, while recognising the competence of psychologists to assess whether and when reporting is appropriate.
A change with strong interpretative consequences
The proposed amendment would replace the current ability (“may inform the Public Prosecutor”) with an automatic obligation (“informs the Public Prosecutor”).
This wording would lead to a radically different interpretation of Article 458bis and remove the professional’s margin of appreciation, replacing it with an obligation subject to criminal sanctions.
The Commission warns of the concrete risks of such a measure:
- Violation of privacy and psychological integrity of the persons concerned
- A deterrent effect for both victims and offenders or potential offenders
- A weakening of the relationship of trust, which is essential to any therapeutic support
Breaking professional secrecy is always a serious decision, governed by law and by ethical principles.
A general reporting obligation, removing the psychologist’s clinical and ethical judgement, risks causing harm to the very persons it seeks to protect.
The Commission of Psychologists therefore calls for the preservation of the current framework, which ensures both the protection of vulnerable persons, respect for professional secrecy, and the recognition of psychologists’ professional judgement.