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United Nations Committee on the Rights of the Child - States Parties Reports |
UNITED |
CRC
|
NATIONS
|
Distr.
Convention on
the GENERAL
Rights of the Child
CRC/C/11/Add.22
22 March 2000
Original : ENGLISH
COMMITTEE ON THE RIGHTS OF THE CHILD
CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES
UNDER ARTICLE 44 OF THE CONVENTION
Initial reports of States parties due in 1994
LATVIA
CONTENTS
Paragraphs Page
GE.00-41149
Recovery of maintenance for the child 112 - 114 17
I. INTRODUCTION
1. The Republic of
Latvia submits its initial report on the Convention on the Rights of the Child
(the Convention) in accordance with
the Article 44.
2. The report was
prepared by the working group, including experts from the Ministry of Welfare,
Ministry of Justice, Ministry of
Education and Science, Ministry of Interior,
Ministry of Foreign Affairs, Ministry of Culture, Ministry of Environment
Protection
and Regional Development, Ministry of Economy, State Statistics
Committee, State Coroner's Medical Inquest Centre, National AIDS
Centre and
other public organisations such as National Human Rights Office, Organisation
"Save the Children" and Latvian Children's
Fund.
Background information about Latvia
3. Latvia is a
parliamentary democracy, having regained its independence in 1991. The
Declaration of the Supreme Council of the Latvian
SSR "On the Renewal of the
Independence of the Republic of Latvia" of 4 May 1990 stated that "the
independent State of Latvia, founded on 18 November 1918, was granted
international recognition in 1920, and became a member
of the League of Nations
in 1921".
4. The right to self-determination of the people of Latvia
was expressed in April 1920 when the people of Latvia gave their mandate
to the
Constitutional Assembly chosen by universal, equal, direct and proportional
elections. In February 1922 the Assembly adopted
the Constitution of the
Republic of Latvia (Satversme).
5. The ultimatum of 16 June 1940
from the Stalinist government of the Soviet Union to the Latvian Government,
asking for its resignation,
and the ensuing military aggression, resulted in the
occupation of Latvia. The elections of 14 and 15 July 1940 to the Parliament
(Saeima) of occupied Latvia were held under conditions of political
terror after an illegal and unconstitutional election law had been adopted.
Of
the 17 lists of candidates submitted, only one was permitted in the elections -
the list of the Working People's Bloc. The pre-election
platform of the bloc
did not include any demand to establish Soviet power in Latvia or to join the
Soviet union. The results of
the elections were falsified. The illegally and
fraudulently formed Parliament did not represent the will of the Latvian people.
It had no constitutional powers to change the system of government and bring an
end to the sovereignty of Latvia. Only the people
had the right to decide these
matters, but no referendum was held.
6. Hence the incorporation of Latvia
on 5 August 1940 into the Soviet Union is considered to be invalid in accordance
with international
law. The will of the residents of Latvia was unmistakably
expressed by the election to the Latvian Supreme Council in 1990 of a
majority
of deputies who had expressed a determination to restore the independence of the
Republic of Latvia.
7. Being determined to restore de facto the
free, democratic and independent Republic of Latvia, the Supreme Council of the
Latvian SSR on 4 May 1990 decided to recognise
the supremacy of the fundamental
principles of international law over national law and to declare invalid the
decision of the Parliament
of Latvia of 21 July 1940 on the Republic of Latvia
joining the Soviet Union. Furthermore, it decided "to re-establish the
authority
of the Constitution of the Republic of Latvia adopted by the
Constitutional Assembly on 15 February 1922, in the entire territory of
Latvia".
8. On 17 September 1991 Latvia become a member of the United
Nations.
State framework
9. Latvia is an
independent democratic republic. The Saeima (Parliament) consists of 100
Saeima members elected in general, direct, secret and proportional
elections. The Saeima is elected for a period of four years. The
President of State is elected by the Saeima for a period of four years
and the same person cannot hold office as the President of State for more than
two consecutive terms.
The President of State nominates the Prime Minister.
The Prime Minister forms the government (the Cabinet of Ministers) and receives
the confidence of the Saeima (Parliament).
10. Latvia has a
three-level court system:
– District (city) courts try civil, criminal and legally administrative cases;
– Regional courts try those civil and criminal cases that fall within their authority according to the law; regional courts are also the courts of appeal for those cases that have been tried by district (city) courts;
– The Supreme Court is the Court of Appeal and Cassation for all cases
tried by regional courts and district (city) courts.
11. The
establishment of the Satversme Court (Constitutional Court) in 1996
completed the judicial reform in Latvia. The Court, inter alia, is
empowered to review compliance of the national legal norms to the provisions of
international agreements, entered in force for
Latvia (article 16). The law
does not empower the individual in his/her own capacity to lodge a complaint on
the violation of the
international provisions in the Constitutional
Court.
12. Latvia has made significant advances in its economic and
political development since restoring independence in 1991 and embracing
comprehensive market reforms. During the last several years, the Government
continued the structural reform of the economy, accelerated
privatisation,
strengthened the banking and financial system, and further stabilised
macroeconomic situation. Since 1996, the Latvian
economy has been on a steady
growing path. In 1997, GDP grew by 6.5%. Growth has been broad-based, with
particularly strong performance
in the transportation and communication services
and construction. The share of services in GDP structure is approaching
62%.
13. The private sector dominates GDP, making up for approximately
62% of value added.
14. Consistently tight monetary and fiscal policies
have reduced the inflation to a single-digit level (7% in
1997).
15. Basic macroeconomic indicators in 1997:
GDP
growth 6.5%
Inflation 7.0%
Unemployment 7.3%
Government
fiscal surplus 0.7% of GDP
External debt 7.0% of GDP
Foreign
trade turnover growth 23.1%
Total foreign direct investment
(FDI) US$847.4 million
FDI per capita US$344
16. Since
transition the government implemented a strict fiscal policy through a major
revenue mobilisation effort combined with expenditure
restraint. Latvia has
made good progress in establishing the institutions needed for fiscal management
in a market economy; important
among these are a well-functioning treasury
system that has been set up for central Government operations, and a tax system
geared
toward the needs of a market-based economy.
17. The general
government fiscal deficit was reduced from 3.4% of GDP in 1995 to 1.9% in 1996.
Fiscal surplus of 0.7% was registered
in 1997. The fiscal stance in 1996-1997
contributed to lower inflation and higher private sector
investment.
18. Central government general budget (millions lats)
1997
Revenue 586.8
Tax
revenue 474.8
Non-tax
revenue 112.0
Expenditure 548.4
Current
expenditure: 274.1
wages and salaries 118.3
employer's
social tax payments 36.9
payments on goods and
services 118.9
Interest payments on loans, grants,
subsidies: 208.9
Capital expenditure:
31.3
investments 20.4
Other expenditure:
3.6
Revenue surplus or financial deficit (-)
38.4
Budget lending and repayment 34.4
domestic
lending 11.0
external lending 23.4
Revenue
surplus or fiscal deficit (-) 4.0
Budget financing
sources
Domestic financing - 16.9
from other government
administration bodies 36.9
from the Bank of Latvia
-27.4
from commercial banks -32.3
Foreign financing
12.8
19. Since 1996 the central Government and local government budget
revenues and expenditures are presented according to the classification
laid
down by the Ministry of Finance. This classification corresponds to the
classification requirements set by international financial
institutions.
Population
20. There were
2,454,617 permanent residents in Latvia at the beginning of 1997 out of which
23.5% were children up to age 17. Since
1991 the number of inhabitants has been
gradually decreasing. Over the last five years the population of Latvia has
decreased by
more than 138,000 persons, mainly due to migration, as many of the
inhabitants of the former USSR Republics returned to the countries
of their
origin.
21. During the last five years the number of newborns has
decreased every year on the average by 5,000. The natural growth of population
in Latvia was positive for the last time in 1990, when the birth-rate was 1.09,
while in 1994 it was 0.59. Since 1991 the natural
growth of population has been
negative - the number of those who died exceeds those who were born. In 1995
the birth-rate was almost
half that in 1987 when the birth-rate was the highest
in the post-war period. In 1997 18,830 children were born in Latvia, which
constitutes a rate of 7.6 per 1,000 inhabitants. The death rate is 13.6 per
1,000 inhabitants, which gives a negative increase of
population (-6.0). The
infant mortality rate is 1.52%, according to the data of the State Statistics
Committee.
22. The number of marriages in 1997 was 3.9 per 1,000
inhabitants, divorces were 2.5 per 1,000 inhabitants. In the same year 6,553
children were born out of wedlock, which constitutes 34.8% of total number of
children born.
II. GENERAL MEASURES OF IMPLEMENTATION OF THE CONVENTION
23. The instrument of
accession of the Republic of Latvia to the Convention was deposited with the
Secretary-General on 14 April,
1992. The Convention entered into force for
Latvia on
14 May 1992. Latvia acceded to the Convention without
reservations.
Relevant legislation
24. There has been
an important body of Latvian laws providing legal grounds for implementation of
most of the provisions of the Convention
since 1991. The Constitutional Law
"The Rights and Obligations of a Citizen and a Person", the Criminal Code, the
Criminal Procedure
Code, the Law "On the Unrestricted Development and Rights to
Cultural Autonomy of Latvia's National and Ethnic Groups", the Education
Law and
others contain relevant provisions guaranteeing protection of the rights of the
child. Nevertheless, the rapidly changing
political, social and economic
environment necessitated the adoption of the legal provisions to meet new
challenges of an open democratic
society, based on the rule of law and market
economy.
25. The Law "On the Protection of the Rights of child" was
adopted on 19 June 1998. It is based on the principles of the Convention
and
the purpose of the Law is to define the rights and freedoms of the child, the
obligations of the child towards his/her family
as well as the rights and
obligations of the parents, legal guardians and other persons towards the
child.
Institutional framework
26. On 3 June 1992
the Supreme Council of the Republic of Latvia took a decision to accept the
World Declaration on the Survival,
and Development of children, meanwhile urging
the council of Ministers to undertake definite measures to elaborate a programme
in
order to ensure the protection of the rights of the child. The work on the
programme however, was accomplished only in 1994.
27. As a result, in
March 1994 the Commission for the Protection of Children's Rights was
established at the Cabinet of Ministers
with the aim to advise the Government on
the policy issues related to the protection of the rights of the child in the
light of the
convention, World Declaration and other relevant international
documents. The Commission is composed from the representatives of
various
governmental agencies and is led by the Minister of Education and
Science.
28. The above-mentioned Commission coordinates the establishment
of institutions dealing with the promotion and protection of the
rights of the
child on the governmental level, evaluates national programmes for the
implementation of the relevant provisions of
the Latvian legislation and
international legal acts. The Commission has the right to submit proposals to
the government and Parliament
on measures necessary to ensure the protection of
the rights of the child.
29. Two ministries - the Ministry of Education
and Science and the Ministry of Welfare - are assigned the duty to carry out the
policy-making
tasks with respect to children. At the Ministry of Education and
Science the Department of Youth Affairs has been established.
One of its main
tasks is to contribute to the elaboration of a unified system of the protection
of the rights of the child in Latvia.
30. In August 1995 the Children's
rights Protection Centre within the Ministry of Education and Science commenced
its work. The Centre,
as an executive body for the governmental Commission,
plays a coordinating and consultative role for a wide network of regional
centres.
Its tasks include, inter alia, to provide regional centres with
the necessary information advice and teaching materials regarding the protection
of the rights
of the child. These centres also monitor the practical
implementation of the legal instruments and may, if necessary, represent
children before the court.
31. In the Ministry of Welfare there is a
Division of Children and Family within the Department of Social Aid. The
Division is the
main institution responsible for elaboration of the policy on
social aid measures to guarantee the well-being of orphans, children
without
parental care and children victims of violence. the Division has established,
maintains and regularly updates a data base
of the children cared for by the
State. This information is used to organise adoption both within Latvia and to
a foreign country.
The Division closely cooperates with the social services of
local governments, children's courts and NGOs.
32. In 1995 the Law "On
the Children's Courts and County Courts" was adopted. According to the said
law, children's courts and county
courts are established in every city and
county respectively.[1] Their
task is, inter alia, to cooperate with health-care institutions, social
services and police in order to assist children in need (to decide on assistance
for families where the well-being of a child is not adequately ensured, to
organise adoption) and to represent children in their
relations towards other
institutions, officials and, if necessary, towards his/her
parents.
33. The National Human Rights Office (LNHRO) - an independent
institution whose task is to promote and protect human rights - was
established
by a special law in December 1996. The Office is given the mandate to raise
awareness and promote understanding and
observance of human rights; inquire into
allegations of individual human rights violations in both public and private
sectors; on
its own initiative investigate human rights-related issues and
problems in Latvia; advise on compliance of Latvia's laws and practices
with its
national and international obligations in the field of human rights; and
coordinate programme which promote observance of
human rights.
34. The
Office is a national institution, which gives tangible expression to the
conclusions of the World Conference on Human Rights,
held in Vienna in 1993. It
has organised several public awareness arising actions, especially during the
initial stage of its activities,
such as a large-scale campaign, including the
establishment of a children's telephone hot-line, to bring the issues of the
rights
of the child to the attention of the public. The LNHRO has made
recommendations to the Saeima and various government working groups on
such issues as abandoned children (foundlings) and sexual exploitation of
children and has
contributed to work of the governmental commission for the
protection of the rights of the child.
III. DEFINITION OF THE CHILD
Age of attainment of majority
35. Article
219 of the Latvian Civil Law states that a child is a person under the age of
18. Article 220 of the said Law provides
that in exceptional cases the court
may decide that a child who is at least 16 years of age is recognised as having
attained majority
if his/her parents or guardians acknowledge the ability of the
child to protect his/her rights and to fulfil obligations.
Legal minimum ages for legal/medical counselling without parental consent
36. The Latvian
legislation does not determine any age restrictions for receiving legal
counselling. A child may request legal assistance
at any age and it is the
responsibility of an advocate to guarantee such assistance. The Law "On
Advocates" defines the obligations
of an advocate towards the persons requesting
legal assistance and stipulates that an advocate may not refuse the requested
assistance
without stating serious obstacles. Moreover, according to various
legal acts, any institution making a decision which has direct
impact on a child
must take into account the views of the child.
37. The Constitutional Law
"The Rights and Obligations of a Citizen and Person" states that "everyone has
the right to medical treatment.
The State protects the health of the population
and guarantees everyone the minimum medical care specified by law". The 1997
Medication
Law and the government regulations adopted for the implementation if
this Law stipulate that it is the responsibility of the State
to provide funding
for minimum medical treatment of children under the age of 18 and establish
exceptions for children from the payment
for medical services.
End of compulsory education
38. The
Constitutional Law "The rights and Obligations of a Citizen and Person" provides
that everyone has the right to education.
The State provides primary compulsory
education free of charge, and ensures further schooling according to the
abilities of the
child. It is the responsibility of the parents or legal
guardian to ensure that the child receives an education in accordance with
his/her abilities. Education is compulsory for children until the attainment of
15 years of age or graduation from a primary school.
Primary education includes
grades 1 - 8 and secondary education includes grades 9 - 12.
Employment
39. The Labour Code
regulates employment in Latvia. The Code states that children under the age of
15 may not be employed in a full-time
position. With the consent of a parent or
guardian and following a medical examination, children from the age of 13 can be
employed
part-time. Employment must be outside of school hours and under
conditions that are not harmful to the safety, health or development
of young
persons. Persons under the age of 18 may not be employed during night hours and
public holidays. They are entitled to
payment not lower than the established
minimum and to one month of paid annual holidays.
The legal age of sexual consent
40. Under the
Criminal Code, it is prohibited to have sexual intercourse and other sexual
relations with a child under the age of
16.
The age of marriage
41. the Civil Law
states that a person must be 18 years of age to contract marriage. A minor
between the ages of 16 and 18 may contract
marriage only with the consent of the
parents and authorities provided that the marriage is contracted with a person
who has attained
majority.
Voluntary enlistment and conscription into the armed forces
42. A person must be
at least 18 years of age to voluntarily enlist in the armed forces. The duty to
perform compulsory military
service applies to citizens who have attained 19
years of age. Women may voluntarily enlist upon reaching 18 years of age. The
compulsory military service, according to the law, is 12 months.
Voluntarily giving testimony in court
43. There are no
provisions in Latvian legislation restricting the rights of the child to give
testimony without parental consent.
Under the Criminal Procedure Code, if the
child is a witness in a criminal case, then he/she gives evidence in the
presence of his/her
parents and children's rights protection inspector. Before
giving testimony, a child is informed that he/she has the statutory right
not to
testify against the members of his/her family. It is the responsibility of the
court and its officials to decide on the presence
of the parents, taking into
account the circumstances of a particular case. A minor who is accused, if
necessary, is cross-examined
in the presence of a pedagogue and other legal
representatives. If the minor has not attained 16 years of age the presence of
a
legal representative, pedagogue or psychologist is compulsory.
Criminal liability
44. The Criminal
Code states that criminal liability is applicable to persons who have attained
16 years of age. An exception exists
if a heavy and serious offence has been
committed - then criminal liability is possible from the age of
14.
45. The Criminal Code states that persons under the age of 18 cannot
be sentenced to life imprisonment or capital punishment.
Deprivation of liberty and imprisonment
46. According to the
Latvian legislation, detained or imprisoned children are kept separately from
adults; men and women are kept
separately as well. It is provided that children
serve the sentence in correction facilities for minors notwithstanding the
severity
of the sentence.
47. Upon attainment of majority, i.e., 18 years
of age, a child is transferred to the facilities for adults. However, the
Administrative
Commission of the correction facility may decide that it is in
the interests of the person (e.g., necessity to complete education)
to remain in
the correction facility for minors until a person has attained 21 years of
age.
Consumption of alcohol or other controlled substances
48. A person must be
18 years of age to purchase and consume alcohol and cigarettes. According to
the existing legislation, the shop-assistant,
if necessary, has the right to
require from the customer to produce a personal identification document in order
to establish his/her
age. The sale and use of narcotics is illegal.
The right to vote
49. A citizen must
be 18 years of age to vote in the local or parliamentary elections. In order to
be registered as a candidate for
the Parliament or local government, a citizen
must be 21 years of age.
The right to drive a motorised vehicle
50. A person must be
18 years of age to receive a driving license for motor cars and 16 years of age
for a motorcycle.
IV. GENERAL PRINCIPLES
Non-discrimination
51. The
Constitutional Law "The Rights and Obligations of a Citizen and a Persons"
states that "all persons in Latvia are equal before
the law irrespective of
their race, nationality, sex, language, political affiliation, political or
religious beliefs, social, property
and professional status and origin". The Law
"On the protection of the Rights of the Child" also stipulates that the State
guarantees
equal rights and freedoms for all children without discrimination as
to race, nationality, language, political or religious beliefs,
social origin,
property and professional status of a child or his/her parents, guardians or
family members.
52. Under the Criminal Code it is an offence to
discriminate, threaten, insult or degrade on the basis of race, ethnic origin or
religious
beliefs.
Best interests of the child
53. The Law "On the
Protection of the Rights of the Child" states that in all legal matters
affecting the child the rights and interests
of the child are to be given
priority. Under the Family Law Division of the Civil Law, the custody of
children under the age of
18 is vested with the parents, and they are
responsible for the well-being of their children. They have an obligation to
ensure
the education and development of a child taking into account the wishes
and abilities of the child. Criminal action can be taken
against a parent who
maliciously avoids the fulfilment of these obligations.
54. Until
attainment of majority children are not allowed to fully decide all matters
relating to their personal affairs, particularly
regarding their property. The
parents or guardians have the right and obligation to act on behalf of the
child, and while in their
custody, a child has an obligation to obey the
decisions of the parents or legal guardians.
55. The parents or legal
guardians also have the right to restrict the rights and freedoms of the child
if it is necessary for his/her
safety and is in the interests of the child.
However, if the child considers restrictions of his/her rights or freedoms as
unjustified
or disagrees with the decision of the parents or guardians
concerning the property of the child, he/she has the right to seek assistance
from the children's court.
The rights to life, survival and development
56. Article 1 of the
Constitutional Law "The Rights and Obligations of a Citizen and a Person"
proclaims that the right to life of
every person is the foundation and greatest
value of the country. A child has the inherent right to the highest standard of
physical
and mental well-being. It is the responsibility of the State to
guarantee to the maximum extent possible the survival and development
of the
child.
57. Existing legislation provides for State support to all families
with children. The Law
"On Social Aid" established legal grounds for
maternity benefits, aid for mothers' on extended leave of absence due to the
birth of
a child, and for monthly financial assistance for families with
children. Moreover, local governments are entrusted to provide social
assistance for persons from society's vulnerable groups.
58. In recent
years, NGOs have played an important role in providing financial and
humanitarian aid, and in organising educational
and recreational activities
(summer camps, retreats). NGO's, in cooperation with UNICEF, published and
distributed a brochure on
breastfeeding and informed young mothers about
different stages of child development.
Respect for the views of the child
59. The
Constitutional Law "The Rights and Obligations of a Citizen and a Person" states
that everyone has the right to freely obtain
and disseminate information and to
express one's views and opinions. Under the existing legislation, it is the
obligation of the
respective authorities to consider the views of the child when
a decision affecting the child is taken.
60. Thus, under the Citizenship
Law[1] the citizenship of a
child who is over 14 years of age may be changed together with that of his/her
parents or legal guardians only
if the written consent of the child is
submitted. A child who has reached 16 years of age may submit an application to
change his
name, surname or nationality.
61. According to the Civil Law,
in case of a divorce the court, in deciding which parent will have custody, must
take into account
the views of a child who is over 7 years of age. For adoption
the consent of a child who has reached 12 years of age is
necessary.
62. The Law "On Religious Organisations" provides for the
right of a child who is 14 years of age or over to request the inclusion
of
religious teaching within the school curricula.
63. The Criminal Code
states that a child has the right to be informed of any charges brought against
him/her, the right to legal
counsel and the right to witness and submit
evidence.
V. CIVIL RIGHTS AND FREEDOMS
64. Currently the main
legal document guaranteeing civil rights and freedoms is the Constitutional Law
"The Rights and Obligations
of a Citizen and a Person". It does not
specifically address the issue of the civil rights of the child but these rights
can be
seen from the broader context of the rights of the individual.
Particular aspects of civil rights and freedoms are further elaborated
in the
whole body of Latvian laws, particularly in the Citizenship Law, the Law "On the
Unrestricted Development and Right to Cultural
Autonomy of Latvia's National and
Ethnic Groups", the Law "On the Protection of the Rights of the Child". The
Criminal Code establishes
sanctions for violations of these rights.
Name and citizenship
65. Every child must
be registered within one month after his/her birth. Upon registration a child
is given a name(s) and the surname
of his/her parents. If the parents have
different surnames, it is the responsibility of the parents to agree on the
surname of the
child.
66. The Citizenship Law states that a child is a
citizen of the Republic of Latvia if both of his/her parents are citizens of
Latvia,
regardless of their place of residence, or if the child is an orphan or
is cared for by the State, or if the child is found on the
territory of Latvia
and there is no information regarding his/her parents.
67. If at the time
of birth one of the child's parents is a citizen of Latvia, but the other is a
foreign citizen, the child has the
right to be a citizen of Latvia if he/she is
born on the territory of Latvia, or he/she is born outside Latvia, but the
parent with
whom the child is living is a permanent resident of Latvia. If one
of the child's parents is a citizen of Latvia, but the other
is a stateless
person, the child is a citizen of Latvia regardless of the place of
birth.
68. The Latvian National Human Rights Office, the Ministry of
Welfare and several NGO have made recommendations to amend the Law on
Citizenship to address the issue of citizenship for children that are wards of
the State. Moreover, amendments to the Citizenship
Law have been elaborated and
currently are under the constitutional procedure of referendum. According to
these amendments, Latvian
citizenship would be granted to all children born on
the territory of Latvia after renewal of independence in 1991. The Government
is ready to provide the Committee with the latest information on these
amendments during the consideration of the report.
Preservation of identity
69. In accordance
with the Citizenship Law and the Law "On the Unrestricted Development and right
to Cultural Autonomy of Latvia's
National and Ethnic Groups", ethnic origin
(nationality) is a characteristic which is a part of a person's identity. The
Law "On
the Unrestricted Development and Right to Cultural Autonomy of Latvia's
National and Ethnic Groups" states that a person who is 16
years of age and is a
citizen, permanent resident of Latvia or a foreign citizen permanently residing
in Latvia, has the right to
his/her ethnic identity and origin and has the right
to change or renew his/her former ethnic origin.
Freedom of expression
70. In accordance
with Latvian legislation, every person has the right to express and publish
his/her ideas in print, in writing or
orally. Everyone has the right to express
their opinions, beliefs, and ideas, including through drawings, pictures and
other forms
of expression.
71. The freedom of expression is enjoyed by
everyone, children as well as adults, and the exercise of the freedom of
expression may
be restricted by public authorities to the same extent as for
adults.
72. Within the school system, children have the right to
establish school parliaments and councils to express their opinions on issues
relating to their schooling and having direct impact on them.
Access to appropriate information
73. Latvian
legislation foresees that every person has the right to have access to
information as well as to distribute it.
Dissemination of information
74. One of the
responsibilities of the Latvian National Radio and Television Board is to
provide the public with educational, cultural,
scientific and other information.
Currently, public television stations provide 7% of the air-time for children's
programmes (an
increase up to 9% is envisaged for 1999).
75. The Law "On
the Protection of the Rights of the Child" provides that it is the
responsibility of the State to ensure that in schools
every child can receive
information regarding their rights. The Convention on the rights of the Child
has been translated and published
by the Government and NGOs. Since the 1996/97
school year, the Convention has been included in the civic education curricula
of
all elementary schools.
76. NGOs have published the text of the
Convention in a format that is presented in a
user-friendly manner and is
understandable for children. Many informative brochures, books and magazines on
human rights for teachers,
parents and children have been published as
well.
Protection from injurious information
77. The Law "On the
Protection of the Rights of the Child" states that it is prohibited to
demonstrate, sell, or disseminate by other
means among children publications,
video materials or other information which depict violence, cruelty or
pornography. The Law also
states that the advertising of cigarettes and alcohol
should be restricted to protect children from the harmful effect of these
substances.
78. According to the Law "On Radio and Television" it is the
responsibility of the Latvian National Radio and Television Board to
ensure that
programmes which are considered inappropriate for children are broadcast at
times when a child does/should not have access
to the media, or by informing the
public through informative commercials that certain programmes may be
inappropriate for young viewers.
The mandate of the board states that channel
operators have the responsibility not to broadcast programmes that could harm or
negatively
affect the normal physical, mental, or moral development of children.
An exception is between the hours of 22.00 and 7.00. Programmes
of this type
must be visibly identified when they are advertised and
broadcast.
79. Movie theatres must publicly display whether movies are
deemed to be appropriate for persons under the age of 18 and prohibit
underage
persons from entering the movie theatre.
80. The 1996 Law "On the
restriction of Production, Circulation, Advertising of Tobacco and Smoking"
establishes the State control
over production, import, circulation and
advertising of tobacco and cigarettes. The Law states that advertising of
cigarettes is
prohibited in all educational institutions and that any
advertisement of cigarettes in mass media should contain information on the
harmful effect of smoking. The Law also prohibits advertising of tobacco on
buildings and walls (except places where tobacco can
be purchased), on the roads
and other public places.
81. Government regulations have also been
adopted to protect children from the production, dissemination, public
demonstration and
advertising of pornographic and erotic materials.
Freedom of thought, conscience and religion
82. The
Constitutional Law "The rights and Obligations of a Citizen and a Person" states
that everyone has the right to freedom of
thought, conscience and religion. The
Criminal Code states that no discrimination is allowed on the basis of a
person's religious
beliefs or convictions.
83. The Education Law states
that religious and political beliefs of families cannot be infringed upon or be
the basis for discrimination.
Every child has the right to participate in
extracurricular activities including the right to practice his/her religion as
well
as to attend Sunday school. Religious teaching can be included in the
school curriculum if 10 or more children request such action
to be taken and
their parents/guardians give their consent.
84. The Law "On religious
Organisations" guarantees everyone the right to practise and exercise their
religious beliefs and to form
congregations. This Law also states that parents
or legal guardians have the right to raise the child in accordance with their
own
religious beliefs. Children under the age of 18 are not allowed to found
religious organisations, but they can become members of
such organisation with
the consent of their parents or guardians.
85. Religious organisations
and congregations are allowed to perform their work in places of confinement,
correctional facilities,
hospitals and other public institutions if so
requested.
Freedom of association and peaceful assembly
86. The
Constitutional Law "The Rights and Obligations of a Citizen and a Person"
guarantees that everyone has the freedom of assembly,
meetings, and
demonstrations. The Law "On the Protection of the rights of the Child" states
that a child's freedom of association
and assembly may be restricted in order to
protect his/her life or well-being.
87. Latvian legislation foresees the
right of any person, having attained 16 years of age, to become a member of an
NGO. Persons
under the age of 16 may do so with the written consent of their
parents or guardian.
Protection of privacy
88. The
Constitutional Law "The Rights and Obligations of a Citizen and a Person"
guarantees the confidentiality of correspondence,
telephone conversations, and
telegraph and other communications. It also guarantees the privacy of one's
home. House search, seizure,
and examination of correspondence or any breach of
the secrecy of postal, telegraph and telephone matters must take place only
following
a court order. The Criminal Code foresees criminal liability in case
these rights have been violated.
89. Similar provisions have been
included in the Law "On the Protection of the rights of the Child", which
protects the privacy of
the child's home and states that a child's
correspondence is confidential.
90. The Civil Law states that in the case
of a child's adoption, documents and information concerning the adoption are
confidential.
The Criminal Code contains sanctions for the violation of this
rule.
91. A progressive step has been taken regarding teacher/pupil
relations. A code of ethics for teachers has been drafted which sets
out
principles governing relations between teachers and pupils that are based on
respect and responsibilities of both parties.
The right not to be subjected to torture or other
cruel,
inhuman or degrading treatment or punishment
92. Both
the Constitutional Law and the Law "On the Protection of the Rights of the
Child" provide that torture or other cruel, inhuman
or degrading treatment or
punishment is prohibited.
93. The Criminal Code states that persons who
have subjected children to cruel, inhuman or degrading treatment, including
sexual abuse,
are punishable by law. The Code states that persons under the age
of 18 cannot be sentenced to life imprisonment or capital
punishment.
94. If parent(s) or legal guardian does not fulfil their
obligation to guarantee the child's
well-being and upbringing, including the
child's education, administrative action can be taken against them.
VI. FAMILY ENVIRONMENT AND ALTERNATIVE CARE
Parental guidance and responsibilities
95. The
Constitutional Law "The Rights and Obligations of A Citizen and a Person" states
that the family and marital rights, as well
as the rights of the mother and the
child, are protected by the State. It also states that the care and upbringing
of children are
in the first instance the right and responsibility of the
parents or the guardians. The role of the State is to assist the parents
or
guardians in fulfilling their responsibilities towards their children. The
State also guarantees special protection and assistance
to children who are left
without parental care.
96. The Civil Law states that children under the
age of 18 are subject to the custody of their parents or guardians. It is the
responsibility
of parents/guardians to raise the child respecting the child's
individuality and abilities. A parent must guarantee the basic needs
of a child
such as food, shelter and clothing, as well as the child's welfare and
education.
97. Latvian legislation emphasises the rights of parents and
children to live together in a family. During marriage both parents
have joint
custody of the child. In the event of a legal separation or divorce, the
parents must decide who will have custody of
the child. If the parents fail to
agree, the court will decide on the issue taking into account the interests of
the child. The
Civil and Education Laws specify that parents have the right and
responsibility to be informed of events affecting their child and
to be present
at the most important moments of the child's life.
98. In order to
support families with young children the Labour Code provides women with the
statutory right to maternity leave related
to pregnancy and birth. Similar
guarantees have been envisaged for persons who have adopted children or become
their guardians.
99. Specific norms apply to civil servants. The Law "On
the Civil Service" provides civil servants the right to take leave of absence
for the first year of the child's life. It also states that a civil servant who
has a child under the age of three cannot be sent
on business trips without
his/her consent.
100. Under the existing legislation, women who have
children up to 36 months old should be allotted, besides the usual break for
rest
and meals, an additional pause for child feeding. The pauses, which are
not less than 30 minutes, are given not less seldom than
every three hours. If
there are two or more children this break may be longer. Women who breastfeed
their children until 1½
years of age are entitled to an additional
half-hour break during the work day. Beside, the breaks for child feeding are
included
in the working time and are paid according to the average salary. The
mother of a child that is below the age of 14 (16 if the child
is disabled)
cannot be employed overtime and cannot be sent on business trips without her
consent. Mothers have the right to take
leave from their place of employment
until the child has reached three years of age. Women who have a child under
the age of three
do not have to work a full day, but are entitled to a full
salary.
101. In accordance with the Law "On Local Governments," every
local government must establish a social assistance centre to be able
to broaden
the type of services provided for children and their well-being. The Laws "On
Social Security" and "On Social Aid" guarantee
that persons raising children are
entitled to receive social assistance. It is the responsibility of the local
governments to provide
assistance to families with children.
Separation from parents
102. According to
the Civil Law , custody of a child ceases in cases where the parent or child
dies, when the child has been adopted
by a third party with the consent of
his/her parents, when the child has reached the age of majority or when the
right to custody
has been removed by a court decision. The Civil Law also
states that if a child becomes an orphan or if custody rights have been
taken
away from the parents, the State appoints a temporary or permanent guardian.
The State provides remuneration to the guardian.
103. If a child has
committed a crime, he/she also can be separated from his/her family while
parents maintain their custody rights.
In such cases the child would be placed
in a juvenile correction facility in accordance with the Criminal Procedure
Code.
104. In situations where a decision must be taken on the separation
of a child from his/her parents, the Civil Procedure Code and
Criminal Procedure
Code ensure the rights of all interested parties to express their views. The
parents have a right to be present
in proceedings regarding the decision to
remove custody rights. If the parents fail to attend and knowingly abuse their
right to
attend, a decision can be taken without their
presence.
105. Article 182 of the Civil Law states that following the
separation of the child from his/her parents, both parties have the right
to
maintain contact. Contact includes the right of the parents to visit the child
and vice versa. It also includes the right to
contact via correspondence and
telephone. Exceptions exist if it is believed and decided by the court that
such contact can be detrimental
to the well-being of the child. If the parents
want to maintain contact with the child but the child does not want to, it is
the
responsibility of the children's court to act on the behalf of the child and
decide what is in the best interests of the child.
106. The intention of
removing custody rights from a child's parents is to achieve the return of the
child to his/her family when
his/her parents are recognised to be capable of
fulfilling their parental obligations. When the children's court establishes
that
the reason due to which the custody rights have been removed have ceased to
exist, the custody rights can be restored.
Family reunification
107. The
Constitutional Law provides that the family is protected by the State. To this
end various legal acts contain norms encouraging
reunification of the family.
Thus, the Constitutional Law states that all citizens and permanent residents
have the right to freedom
of movement, including the right to enter and leave
the territory of Latvia.
108. The Law "On Entry and Residence of Foreign
Citizens and Stateless persons in the Republic of Latvia" states that children
under
the age of majority can enter Latvia together with their parents,
guardians or other persons who are responsible for them. Children
are allowed
to enter the territory of Latvia to join their parents or
guardians.
109. The Repatriation Law guaranties the right of voluntary
repatriation for persons of Latvian or Liv origin, as well as for persons
of
other nationalities, to the country of their ethnic origin. It also guarantees
the same rights to the spouse, parents or children
of the person who is
repatriating.
110. The Law "On Asylum Seekers and Refugees" stipulates
that a request for refugee status is applicable to family members if they
so
agree. Persons who have been granted refugee status have the right to receive
family members (spouses and children) from abroad.
These persons are granted
refugee status as well.
111. The spouse of a Latvian citizen has the
right to acquire citizenship through an accelerated procedure of
naturalisation.
Recovery of maintenance for the child
112. The Civil Law
states that it is the responsibility of the parents to care for their children
within their abilities and financial
capacities until the child has reached the
age of majority. This responsibility rests with both parents equally. If the
parents
live separately, the parent with whom the child is living has custody of
the child. Both parents must provide for the child's well-being
in accordance
with their means.
113. Criminal action can be taken against a parent who
does not pay maintenance or alimony assigned to him/her by the court. When
a
decision is taken by the court for a parent to pay maintenance and the parent
does not do so, it is the executor of the court who
has to enforce the decision.
It should be noted that the registration (propiska) system under the
former Soviet Union was used to assist in locating a parent who was not paying
alimony. Since Latvia has regained
its independence, there have been attempts
to modernise this system and register people on the basis of their tax forms,
but this
practice is not fully functioning yet and often creates problems in
locating the wereabouts of a person.
114. Due to financial difficulties,
some parents are forced to place their children temporarily under the care of
the State. These
low-income families are entitled to financial assistance from
the local governments (e.g. monthly payments to the family to cover
living
expenses, financial assistance for the rent of the apartment). It should be
noted that the minimum level of assistance is
established by the State and is
the responsibility of the local government to render such assistance and,
considering the financial
resources available for the particular local
government, to decide on additional assistance.
Children deprived of family environment
115. The Civil Law
states that if a child is deprived of his/her family or is not under the custody
and care of his/her parents, other
means must be found to guarantee the
well-being of the child. This can happen by placing the child in a foster
family, appointing
a guardian, placing the child in a children's shelter, family
orphanage (smaller in size and trying to maintain a family rather than
institutional environment) or organising adoption.
116. In 1994
government regulations on social guarantees for orphans and children state that
the following categories of children
are considered to be without parental
care:
– A child left in hospital after being born and given up for adoption;
– Children who have been abandoned or left in maternity wards, children hospitals, orphanages or children's shelters and whose parents have shown no interest in the whereabouts of their child;
– A child whose biological parents have had their custody taken away from them by the decision of the court;
– A child whose parents are incapable of caring for their well-being due to their ill health or because they are in prison;
– When one parent is not capable of caring for the child, but the
other has not cared for the child for six months.
117. To guarantee and
assist the implementation of the aforementioned legislation, the Ministry of
Welfare issued a decree in 1995
that places with the hospitals the
responsibility to inform the authorities of children receiving medical care
whose parents have
not retrieved them 10 days following the end of treatment.
Following such action, the child (until the age of three) is taken out
of the
hospital and placed in a children's home or children's shelter. The Department
of Health Services and the Division of Orphans
and Children left without
parental care are the implementing government structures.
118. According
to the Civil Law, if a child cannot be under the custody of his/her parents, it
is in the interests of the child that
he/she be granted a guardian that is a
relative. This can help to maintain language, cultural and religious traditions
and beliefs.
119. Since 1994 by Government decree guardians receive
remuneration equal to a monthly minimum salary as well as financial support
to
cover the living expenses of a child. The guardian is responsible for the
upbringing and well-being of the child and has the
same rights and
responsibilities as a parent. If a guardian abuses his/her power over the
child, he/she can be prosecuted under
the Criminal Code.
120. On 10 June
1997 the government adopted regulations "On Foster Families" which define the
status of a foster family, establish
mutual rights and obligations of the child
and his/her foster parents and provide for financial support from the State for
every
foster family. It is the responsibility of the local governments to
ensure the implementation of the provisions of the
above-mentioned
regulations.
121. The Government realises that support must be provided
to develop foster care and family orphanages. This would help to preserve
a
family environment for a child without parental care and to ensure development
of a child taking into account his/her best interests.
122. Children from
low-income families or those whose family life is not suitable for their
upbringing can be placed in boarding schools.
These schools provide
accommodation for children to live at the school during the week and return home
during the weekends. If
it is in the interests of the child not to go home,
he/she can spend weekends in the boarding school as well. Moreover, boarding
schools can provide an alternative to families living in the rural areas that do
not have access to public transportation and thus
help to overcome difficulties
for children to attend school on a regular basis.
123. The need for
children's centres and foster care for children who must be taken out of their
homes temporarily is increasing.
Local governments are trying to meet these
needs by establishing small children's centres that can also be used as shelters
for
children who run away from home or who are experiencing problems within
their families. It is the responsibility of each local government
to establish
a centre, if necessary.
124. At present, six child care centres for
orphans and three centres for physically and mentally disabled orphans are State
financed.
Under the Law "On Local Governments", the remaining
29 children's
homes or child care centres are financed by the local governments.
Adoption
125. The Civil Law
states that the adoption of a minor is permitted if it is in the best interest
of the child and if there are grounds
to believe that as a result of the
adoption, a parent-child relationship will develop. All persons, including the
child, participating
in the adoption must give their consent for the adoption to
take place and the decision is administered by the children's court and
approved
by the court. Siblings cannot be separated because of adoption unless it is in
the interests of the children (e.g. if one
is in need of serious medical
care).
126. The adopted child becomes a member of the adoptive family and
the parents gain custody of the child. In turn the child takes
on the surname
of his/her adopted family if not stipulated otherwise in the adoption agreement
and has the same rights as a biological
child.
127. The court can revoke
a decision granting adoption if the procedures stated in law have not been
followed or if the participants
in the adoption reach such a conclusion, or if
it is in the best interests of the child. However, the court may disregard the
violation
of prescribed procedures and decide that it is in the best interests
of the child to remain in the adoptive family.
128. Government
regulations on the implementation of adoption procedures apply to the adoption
of children within the territory of
Latvia as well as to other countries. The
regulations state that the children's court takes a decision on whether the
proposed adopters
satisfy a number of requirements. These include the
applicants' physical and mental health, financial situation and motive for
adoption.
The decision of the children's court must be approved by the
court.
129. Adoption of a child by a persons living in a foreign country
is allowed only in cases when the upbringing of a child with respect
to best
his/her interests is not possible in Latvia. A decision to allow a child to be
sent for adoption to a foreign country must
be ratified by the Minister of
Justice.
130. It is common for children in families where only one
spouse the biological parent to be adopted by the other spouse.
Illicit transfer and non-return
131. According to
the existing legislation, every child has to have a passport in order to be able
to leave the territory of Latvia.
Any person other than the parents of the
child has to produce a written authorisation from the parents to accompany the
child abroad.
Authorisation also is required if the parents have divorced and
one of them accompanies the child abroad.
132. Article 126 of the
Criminal Code states that a child's abduction with the purpose of making a
profit, as a form of revenge, or
other inhumane reasons entails criminal
responsibility. It is understood that this article applies to a child's
abduction within
the territory of Latvia as well as to the illicit transfer
abroad. Since 1992 there have been 12 cases brought before the court
under
article 126 of the Criminal Code. However, none of them deals with illicit
transfer abroad.
133. Latvia has ratified the European Convention on
Mutual Assistance in Criminal Matters and has concluded bilateral agreements on
mutual legal assistance with Belarus, Estonia, Lithuania, Krygystan, Moldova,
Poland, Russia, Ukraine, United States of America and
Uzbekistan. Moreover,
Latvian police cooperate with police forces of other countries, particularly
within Interpol, of which it
is a member.
Abuse and neglect, including physical and psychological recovery and social reintegration
134. The
Constitutional Law states that torture and other cruel, inhuman or degrading
treatment and punishment are prohibited. Article
111.1 of the
Criminal Code provides that if, in exercising custody of a child, a parent is
found guilty of abuse or neglect or otherwise
faults on care of the child in a
way which entails a lasting danger to the child's health and development the
court can deprive a
parent of the custody rights, deprive the parent of freedom
or levy a monetary fine on the parent. The Criminal code also establishes
the
principle that any crime (other than provided for in article 111.1 )
the victim of which has been a child is to be considered as a crime with
aggravating circumstances entailing a more severe penalty.
135. Parents
or guardians who do not fulfil their parental obligations, including ensuring
that their child attends school, can be
fined in accordance with the Code of
Administrative Offences. If a parent/guardian is responsible for the alcoholic
inebriation
of their child, they can also be held accountable under the
aforementioned Code.
136. In 1994 the Prosecutors Office conducted an
investigation on child abuse as specified in article 111.1 of the
Criminal Code and found that in 1993 there were seven criminal cases brought
before the court against family members. In
1994 the Prosecutors' Office
received 74 requests from medical institutions, school boards, school directors,
local governments,
relatives and neighbours to investigate possible cases of
child abuse; 56 of these cases have been deemed to be criminal offences
and
punishable under the Criminal Code, of which 9 were before the courts, 8
forwarded to the courts, 7 were terminated and 32 were
still under
investigation. Analysing these criminal cases, fathers are accused of wrongful
action against children most frequently.
Practice has shown that the
investigation of such cases is lengthy and often complicated and harms the
situation even more, because
the child continues to live together with the
person under investigation. Later statistical information does not
differentiate data
according to the stage of the case and shows only the number
of crimes registered and number of cases initiated.
137. According to the
information of the Ministry of Interior, during the first nine months of this
year, 315 crimes have been registered
where victims were children (in 1995 -
312, in 1996 - 257, in 1997 - 434), and the majority of these crimes fall under
article 111.1 of the Criminal Code.
138. A joint decision by
the Ministries of Welfare, Education and Interior "On the Prevention of the
Violation of Children's Rights"
was adopted in 1992. The decision places
responsibility with medical personnel, school pedagogues and police officers to
inform
a children's rights protection inspector within 24 hours of a violation
of children rights that they have observed or have been made
aware of and do
what is in within their power to stop the violation from
continuing.
139. There are children leaving home due to the lack of
supervision, conflicts, physical abuse, or alcohol or other substance abuse
by
parents. These children can be placed in children's shelters, the purpose of
which is to provide temporary accommodation for
children, to render necessary
medical assistance, to assist in placing the child back in his/her home or
finding the most suitable
solution for the well-being of the child, including
separation from the family.
140. Certain reforms have taken place within
the education system relating to the rehabilitation and reintegration of
children who
have suffered physical or psychological traumas. Psychologists are
working in schools to provide assistance to children, parents
and pedagogues.
Under the auspices of the University of Latvia, a Psychological Crisis and
Assistance Centre has been established
that provides qualified and competent
assistance at a nominal fee. The demand for its work is greater than its
ability to satisfy
needs.
141. NGOs have played an important role in this
area by providing information to the general public on children's rights and
abuses,
as well as crisis hot-lines for abused children or those in need of
advice.
VII. BASIC HEALTH AND WELFARE
Survival and development
142. The
Constitutional Law "The Rights and Obligations of a Citizen and a Person"
establishes constitutional protection for the survival
and development of every
child and states that the right to life of every person is the foundation and
greatest value of the country
and the Law places the responsibility on the State
to ensure the survival and development of a child.
143. As regards the
much more difficult question concerning abortion, the 1997 Medication Law states
that every doctor is responsible
for the preservation of the unborn child. The
doctor has to attempt to persuade the woman to preserve the child if the
pregnancy
is not harmful to the health of the expectant mother and there are no
grounds to believe that a child would have serious illnesses.
The doctor has
the right to refuse to perform an abortion if there are no medical reasons for
it.
Disabled children
General
144. The
Law "On the Protection of the Rights of the Child" states that disabled children
have the same rights to active life, development
and general and professional
education according to their abilities as any other child. This Law also
acknowledges that disabled
children require additional care and assistance both
within the family and by the State.
145. On 4 May 1990 Latvia accepted UN
Declaration on the Rights of disabled Persons. The 1992 Law "On Medical and
Social Protection
of Disabled" which is based on the principles of the said
Declaration and states that:
– The main aim of social aid is to ensure the integration of disabled people in the society;
– The right to medical and social help is equal for all disabled persons;
– Social help for disabled persons is individual and should be
rendered in a timely manner.
146. The aforementioned Law determines the
rights of all disabled persons, including those of a disabled child. Under this
Law disabled
children under 16 receive an allowance of 25 lats per month. The
same Law provides that children and their caretakers can use public
transport
free of charge, and also receive medicine free of charge.
147. Under the
Law "On Social Security" disabled persons are entitled to assistance for
activities which promote their social integration,
including assistance in
employment issues. Government integration efforts in practice had led to the
elaboration of a 10-year programme
aimed at ensuring that all public premises
are made accessible for disabled persons. The Law "On Local Governments"
establishes
the competence of local governments to ensure social aid for
disabled persons.
148. The information of the Ministry of Welfare
indicates an increase in the numbers of disabled children:
in
1994 5,445 disabled children
in 1995 5,923 disabled children
in
1996 6,637 disabled children
in 1997 7,690 disabled children
in
1998 (in the first 8 months) 8,007 disabled children
Rehabilitation services
149. There are
several legislative acts establishing the legal bases for rehabilitation of
disabled:
– The Law of 7 September 1995 on Social Security;
– The Law of 14 November 1995 On Social Aid;
– The Law of 29 September 1992 On Medical and Social Protection of Disabled.
150. The State allocated 2 million lats in 1997 from its budget for the
budget subprogramme "Rehabilitation" which includes the following
spending
lines:
– Rehabilitation for employment purposes;
– Day centres for mentally disabled persons;
– Rehabilitative measures for hearing-and vision-impaired persons;
– Provision of a free-of-charge stay in health resorts;
– Acquisition, rent and distribution of special equipment;
– Production of special equipment.
151. The rehabilitation
assistance is rendered to the concerned persons through the local governments,
taking into account the person's
needs assessment by the social aid services of
the local government.
152. Treatment and recovery treatment for disabled
persons, including children, is available at the rehabilitation centre "Vaivari"
and is financed from the State and local government budgets. Recovery treatment
is provided also in the child social rehabilitation
and care centre "Bulduri".
In addition to the State-financed rehabilitation services several NGOs provide
assistance to disabled
persons, including summer camps for disabled children,
and provide financial support for medical treatment.
Education possibilities or disabled children
153. There are
special schools (boarding schools), sanatorium-type boarding schools,
development and rehabilitation centres, and specialised
classes at elementary
schools where disabled children can obtain an education. the education in these
institutions is free of charge.
Moreover, the State covers tuition fees if a
disabled child is taught at home. The objective of specialised education is to
ensure
that children with mental or physical handicaps, with psychoneurological
or serious somatic illnesses obtain an education in the
best possible way
according to their abilities.
154. In 1990 children with serious
psychological disabilities began to attend specialised schools. Prior to this
time, it was considered
that such children were unable to learn. Currently
there are
54 specialised schools in Latvia and 7,820 children with visual or
hearing impairments, psychological or physical disabilities, psychoneurological
illnesses and other health problems attending these schools. there are 31
primary schools providing specialised classes for children
with disabilities and
there are 16 specialised schools for children from all over the country. A
great deal of attention has been
devoted to preparing teachers to be able to
assist in integrating children with physical or psychological development
disorders into
regular classes. Pedagogues from special schools consult and
provide practical advice to teachers and parents.
155. The curriculum for
grade 9 in specialised schools focuses on providing the child an education based
on a vocation so that the
child is able to learn a vocation suited to his/her
needs. If the school has the necessary resources grades 10 and 11 are developed
to provide the child with an even better foundation. Vocational education is
also made available for disabled children in several
specialised institutions,
such as the vocational education and rehabilitation centre in Alsviki and the
National Rehabilitation Centre.
156. The implementation of alternative
pedagogical models in specialised education is being promoted. Great attention
is being paid
to preparing teachers in integrated classes and in classes for
children with serious development handicaps or mental retardation.
The foreign
experience is evaluated in order to improve the special education system in
Latvia.
NGO support
157. The
Government's social policy within its limited financial means may not be
sufficient given the needs of the population in
that respect. There is an
ongoing dialogue among the Government, non-governmental organisations and
various concerned groups aiming
at joining efforts to improve the
situation.
158. Various non-governmental organisations support disabled
children. In implementing the programme "The Health", the Children's
Fund of
Latvia has sought international cooperation partners with the help of whom
equipment for children suffering from children's
cerebral paralysis
(poliomyelitis) has been provided for early rehabilitation at the "Vaivari"
rehabilitation centre. In 1995, a
project was elaborated to transform the
hospital "Baltezers" into a rehabilitation centre for disabled children. Work
is ongoing
on the implementation of an early rehabilitation project for
hearing-impaired children. There are continuos efforts by NGOs to gather
the
necessary medical and other equipment, specialised literature and developmental
toys to carry out the educational activities
for parents. The Children's Fund
of Latvia has financially supported the publication of the magazine "The Anxiety
Child". The Children's
Fund, together with the Red Cross and local governments,
organise recreational camps for children suffering from chronic and serious
diseases. From 1992 till 1996, 1,275 children attended 52 camps.
Health and health services
General
159. Constitutional
protection of the health of the children of Latvia is set forth in the Law "The
Rights and Obligations of a Citizen
and a Person" which stipulates that everyone
has the right to medical care. The main obligation to ensure the protection of
the
health of a child lies with the parents or guardians. Furthermore, it is
provided that the State protects the health of the public
and guarantees each
person a minimum level of medical assistance determined by
law.
160. There is no particular law on the protection of the health of
the child. However, the body of law dealing with the issue, and
in particular
the law "On the Protection of the Rights of the Child", the 1997 Medication Law
and 1997 regulations on the financing
of health care encompass a large number of
relevant provisions relating to the issues covered by the Convention.
Furthermore, all
issues related to children's health and hygiene are regulated
by an extensive number of quality standard acts.
161. Health reform in
Latvia is aimed at the establishment of a financially balanced health care
system. It should be noted that
the centralised health care system inherited
from the Soviet Union was completely State-financed and, therefore, health care
services
were not considered as having monetary value. Moreover, the resources
for health care were allocated notwithstanding the quality
or the quantity of
the services rendered.
162. The current health care system is partially
centralised: the financial resources are allocated to the local governments
according
to the number of residents in their territory. It is the
responsibility of the local governments to ensure the establishment and
maintenance of the necessary health care facilities. The health care policy
focuses on preventive and primary health care and a
universal and effective
system of health insurance. The implementation of this policy has led to an
increase in the number of primary
health care institutions from 393 in 1991 to
617 in 1997.
163. The resources allocated by the State for health care
have increased since 1992 and in 1997 constituted 18.3% of GDP (in 1992
- 12.5%
of GDP).
164. In order to promote international cooperation on medical
issues, Latvia has commenced the elaboration of respective international
agreements. On 1 May 1998 the Agreement between the government of the Republic
of Latvia and the government of the Kingdom of Sweden
on Medical Care for
Temporary visitors entered into force. Conclusion of similar agreements is
envisaged with Estonia, Lithuania
and Finland.
Measures to diminish infant and child mortality
165. The child
population in Latvia constitutes 23.5%, in absolute figures it is 577,239
persons under 18 years of age as of beginning
of 1998. The infant mortality
rate (under 12 months) was 1.52% in 1997. This figure testifies to a trend
towards improvement of
the situation, as the same figure for the previous year
was 1.85%.
Infant mortality (number of deaths under 1
year)
Year
|
Total
|
1980
|
545
|
1985
|
518
|
1986
|
538
|
1987
|
476
|
1988
|
456
|
1989
|
438
|
1990
|
531
|
1991
|
545
|
1992
|
557
|
1993
|
434
|
1994
|
381
|
1995
|
407
|
1996
|
315
|
1997
|
289
|
166. The immunisation of children is an integral part of the State policy
in the health sector aimed at diminishing the child mortality.
The public
Health Department within the Ministry of Welfare has elaborated the national
vaccination policy against infectious diseases,
such as diphtheria, measles,
epidemic parotitis and poliomyelitis. The implementation is delayed because the
necessary financial
means are not fully available. In order to implement the
programme successfully, at least 90% of all children must be vaccinated.
The
actual budgetary situation allows for the vaccination of only 83% of
children.
Practices prejudicial to the health of children
167. As regards the
rites mentioned in article 24, paragraph 3, of the Convention which may harm the
health of children, the Latvian
health authorities are not aware of any cases of
circumcision of women performed by Latvian doctors. Circumcision of boys is not
considered to be harmful to their health and may in certain cases be medically
indicated. Circumcision of boys probably takes place
in Latvia for religious
and cultural reasons. The Latvian authorities are not aware of the performance
in Latvia of any other traditional
rites which may be harmful to
children.
168. A girl who belonged to the Jehovah Witnesses died in the
hospital due to the refusal of her parents to accept the proposed blood
transfusion. This accident caused wide discussion but no legal action was
initiated due to the absence of corpus delicti.
169. The 1997
Medication Law states that it is necessary to receive the permission of a
patient for his/her medical treatment and
for the methods of the treatment.
However, the Law also states that in cases where the consent of a patient,
his/her family members
or legal guardians cannot be obtained and any delay is
dangerous for the health of the patient the doctor has an obligation to carry
out the necessary immediate treatment. The doctor also has an obligation to
inform the children's court of following the medical
treatment of a
child.
Health care for mothers
170. Article 173 of
the Labour Code determines that maternity leave is to begin 56 days before the
birth and 56 days after the birth.
The Law states that maternity allowance
shall fully correspond to the recipient's average salary. According to the Law
"On social
Aid", for the birth of every child a child-birth benefit is given to
one of the parents or to the person who has adopted a child
or taken custody of
a child.
171. All expectant mothers receive medical consultations during
pregnancy free of charge. The State-provided birthing services are
free of
charge, through it is possible to receive birth services in private health
institutions accredited by the Ministry of Welfare.
Health education
172. At present
about 60% of schools in Latvia have health education classes.
173. The
Family Centre of Latvia carries out counselling activities to children on
different health matters. Within the family Centre
of Latvia, the Youth health
Centre has been established. Over a period of 1½ years various lectures
and seminars have been
organised by the Youth Health Centre. The estimated
attendance exceeds 13,000 children. Individual consultations and discussions
took place after lectures.
174. A minor has a right of proper
self-determination as regards guidance on contraceptive methods. Such guidance
can be offered
and received by children and young persons under the age of 18
years without the consent of the person having custody.
175. The Latvian
National Commission for UNICEF has contributed to popular education by issuing a
brochure, "Ten Steps in Successful
Breastfeeding". It is widely available
through medical and care institutions free of charge. NGOs are also actively
participating
in popular education, in particular the organisation "Save the
Children" which disseminates health information, for example about
the benefits
of breastfeeding.
176. In 1995 the Health Promotion Centre commenced its
work to organise and coordinate the implementation of the policies aimed at
the
promotion of individual and public health. The goal of the work of the Centre
is to increase public awareness of questions relating
to health and health care.
The current activities of the Centre focus and on the elaboration of a strategy
for the promotion of individual
and public health, and on measures to decrease
the level of consumption of alcohol, cigarettes, narcotics and toxic
substances.
AIDS and HIV
177. Four cases of
HIV have been registered in Latvia as of the beginning of 1998. With regulation
No. 207 of the Cabinet of Ministers,
"The Regulations of the National AIDS
Centre", a National AIDS Centre under the auspices of Ministry of Welfare has
been created.
The Centre carries out epidemiological supervision and elaborates
preventive measures. The main activities of the Centre are in
line with the WHO
global AIDS programme and UNAIDS programme recommendations.
Social security and child care services and facilities
General
178. The
social security system in Latvia has been considerably transformed in line with
the whole society's transition to a new democratic
model of functioning based on
a market economy. The Government wishes to emphasise that the situation as
regards social security
is closely interrelated with that of economic
development. There are significant indications of a steady growth in the
Latvian economy,
therefore the Latvian Government sees the possibility for
further improvement of the social security system as promising.
179. The
social security policy of Latvia relates not only to measures of social
insurance and social aid, but provides for wide range
of measures to be taken in
order to diminish social risk. The notion "social security" also includes
employment and individual health
care issues as well as public health matters
such as environmental protection.
180. Latvia has concluded
international agreements on social security with Estonia, Lithuania and Ukraine.
In addition, there are
agreements relating to particular groups of persons, e.g.
the 1994 agreement with the Russian federation on social protection of
retired
military personnel of the Russian Federation and their family members residing
on the territory of Latvia and the
995 agreement with Ukraine on employment
and social protection of permanent residents of Latvia and Ukraine in the
territory of the
other Contracting Party.
Social aid and social insurance
181. The legal basis
for social aid is the 1995 Law "On Social Aid" which defines the aim of social
aid as the social protection of
persons from society's vulnerable groups. The
said Law lists the forms of social aid, divides the competence between the State
and
the local governments, as well as states the persons entitled to he social
aid.
182. The budget for social aid in 1997 constituted 2.1% of GDP which
is a considerable increase if compared with previous years (1992
- 0%, 1993 -
0.8%, 1996 - 1.9%).
183. According to the above-mentioned Law, there
are three forms of social aid:
– Material assistance to a person or a family;
– Social care;
– Social rehabilitation.
184. There are 14 different forms of
material assistance to a person or a family financed both by the State budget
and the budget
of local governments. This material assistance can be regular
(financial support for the care of a child up to 3 years of age, remuneration
for the person who has taken custody of a child or has adopted a child,
financial support for a family with a child/children up to
15 years) or
extraordinary (child-birth benefit). The State material assistance does not
depend on the income of a person or a family.
The main part of the assistance
rendered by the local governments is aimed at the stabilisation of the income of
a person (family)
and is based on the income test (e.g., monthly financial
support for low-income families).
185. Article 19 of the Law determines
that child-care benefit can be allotted to persons for child care until 3 years
of age if this
person does not receive maternity allowance from State social
security and if the person is unemployed or is working part-time.
Family
allowance is given by the State to those persons who raise a child who is under
15 or who is over 15 but attends a comprehensive
school and is not married: the
latter benefit is allotted for the time when the child attends
school.
186. The same Law envisages that State family allowance will be
paid taking into account the number of children in the family. For
a family
with one child, the State family allowance is 4.25 lats. Families with several
children receive an allowance for the second
and the fifth child 1.2 times
larger than that for the first child and for the third and fourth child an
allowance 1.6 times larger.
For the sixth and every subsequent child the family
receives benefit in the same amounts as for the first
child.
187. Institutional social care and alternative social care (at
home, in day centres, in foster families) is guaranteed for old persons,
disabled persons as well as for children without parental care and is financed
by the State and local governments. It should be
noted that alternative social
care has been established rather recently. Currently there are 6 State financed
child-care centres
for orphans and disabled children as well as 53 child-care
centres for orphans financed by the local governments.
188. In 1992 the
Government passed a decision "On Recommendations for Local Governments in the
Organisation of Social Services".
It was the beginning of decentralisation of
the social aid services. The 1994 Law "On Local Governments" further enhanced
the responsibilities
of local governments for social care and it is the
responsibility of the local governments to determine the necessary forms of such
care as well as establish and maintain the facilities
needed.
189. According to the data, as of 1 January 1998 the rendering of
social aid involved 881 workers the majority of whom were local
government
employees.
190. To enhance State participation in rendering of social aid
and also in order to give methodical assistance, the Social Aid Fund
has been
established. One of the tasks of the Fund is to distribute State budget funds
for social aid programmes for:
– Social and professional rehabilitation and care;
– Acquisition of rehabilitation and compensatory equipment;
– Obtaining vehicles for disabled persons;
– Vouchers for nutrition;
– Covering the accommodation expenses at State social care institutions;
– Determining Disability and vocational/aptitude.
191. The
system of social insurance is based on the Law "On the State Social Insurance".
Its aim is to compensate for a decrease
in income due to unemployment, accidents
at work, the death of the breadwinner, maternity leave, absence at work due to
illness and
other reasons. The expenses for the social insurance constituted
12.2% of GDP in 1997 (in 1992 - 9.6%, in 1995 - 11.3%).
VIII. EDUCATION, LEISURE AND CULTURAL ACTIVITIES
Education, including training and guidance
General
192. The
Constitutional Law "The Rights and Obligations of a Citizen and a Person" states
that everyone has the right to education.
The State provides compulsory
education free of charge, and provides the opportunity for everyone to continue
education in accordance
with one's abilities. At the same time, it is the
responsibility of the parents to guarantee that a child receives an education
that is appropriate for the child's abilities. If a parent does not fulfil
his/her obligation in this regard, an administrative
fine can be placed on the
parent.
193. The Ministry of Education and Science is the responsible
institution for education policy in Latvia. There is a special law
concerning
education - the 1991 Education Law. Some of the principles in this Law have
become outdated and are in contradiction
to the more recently adopted Law "On
Local Governments". The Ministry of Education and Science has drafted a
progressive programme
on education for the future and ensures the leadership in
drafting the new law. The Ministry also updates some provisions that were
in
contradiction with the Law "On Local Governments".
194. The Ministry has
developed a Youth Plan of Action which stresses that State support for youth
activities is essential, particularly
during the period of socio-economic
transition. The Plan of Action aims to develop policies to promote the rights
of children and
youth, to effectively apply resources in order to develop
everyone's personal traits and needs and participation in society, to hinder
social alienation and to promote conditions for the improvement of stability
within the family.
195. Financial resources for educational institutions
in Latvia are provided by the State and local government budgets, with the
assistance
of private individuals and companies and foreign aid.
Educational system
196. The Educational
Law provides for rights and obligations of the State and a person in the field
of education as well as states
that all residents of Latvia have equal right to
education and any discrimination on the basis of race, nationality, general,
political
or religious affiliation is prohibited. The Law establishes the
following system of education:
– Pre-school education;
– Primary education;
– General secondary education or professional and vocational
education;
–- Higher education (universities).
197. Primary
education includes grades from 1 to 8 or until a child has reached the age of
15, and it is compulsory. Secondary education
in Latvia is not compulsory, but
children are also provided with the possibility to gain a vocational education
following primary
school. The Law "On Institutions for higher Education" states
that every citizen or permanent resident of Latvia has the right to
study in an
institution of higher education. Scholarships provided by the State can be
requested and granted for only one degree.
198. The number of accredited
private schools is growing and provides parents a better opportunity to choose
the most appropriate
school for their child. Professional or vocational
education is available through 124 State vocational schools and the education
is
free of charge. Persons studying at these schools have a right to receive
financial support from the State. Additional assistance
is provided to orphans
or children without parents/guardians. Anyone can receive information on
employment opportunities from the
Vocational Information
Centre.
199. Persons who are over 15 years of age and have not completed
their primary or secondary education may do so by attending evening
school or
through correspondence courses. In the school year 1997/98 there were 36
evening schools.
200. Particular attention is paid to the education of
disabled children. A child is placed in a special education programme based
on
the decision of the Medical Pedagogical Committee of the local government.
Parents have the right to choose what type of school
they would like their child
to attend. Specialised schools are also free of charge and are financed by the
State from targeted subsidies.
201. The Law "On Local Governments" places
responsibility with local governments for gathering information on the number of
schoolchildren
in their territory and to provide suitable conditions for
receiving primary and secondary education, including proper
facilities.
202. The number of children who do not attend compulsory
primary school is increasing. There are children who have enrolled at school
only at the age of nine or ten. According to data provided by the State
Education Inspection, as at September 1997 1,311 children
in the age group 7 -
15 did not attend primary school.
203. Since 1997 the Children's Rights
Protection Centre of the Ministry of Education and Science carries on the
campaign, "School
is waiting for you". The aim of this campaign is to focus the
attention of the society on the need to ensure that all children attend
primary
schools as well as to establish a database containing information on children of
school age. The campaign also attempts
to assist local governments in their
work to implement government regulations on registration of
children.
204. the above-mentioned government regulations instruct local
governments to register all children between the ages of 6 and 16.
This
information is compiled and compared with the information available in the
Department of Citizenship and Migration. This information
is used to design a
functional education network within the territory of the respective local
government.
205. Latvia has signed several bilateral cooperation
agreements on education, culture and science.
Leisure, recreation and cultural activities
206. the Education
Law states the children have the right to attend or participate in
extracurricular activities (music, art, sports,
youth clubs, etc.) which are
part of the whole system of education. Many children also participate in folk
groups (song and dance).
It is the responsibility of local governments to
provide the premises (and their maintenance) for such activities and to maintain
or develop public libraries. Extracurricular activities can receive State
funding and be sponsored from the private sector. In
1995, 200,000 lats were
allocated to support youth sports activities. About one third of all
schoolchildren participate in extracurricular
activities.
207. Young
children have become interested in forming organisations of common interests,
learning organisational skills, making friends
nationally and internationally
and learning foreign languages. The Latvian Youth Board is a member of the
National Youth Organisation
Committee of the Council of Europe. A great deal of
support to youth activities has been provided by foreign embassies in Latvia,
the Nordic Information Office, the German-French Youth Friendship union and the
Soros Foundation which developed the Education in
Transition" programme.
Recreational youth camps are organised by the Girl Scouts and Boy Scouts, the
Red Cross Youth, the Children's
Environmental School and others.
IX. SPECIAL PROTECTION MEASURES
Children in situations of emergency
Refugee children
208. The
1951 Convention on the Status of Refugees and its 1967 Protocol were ratified by
the Parliament of Latvia on 19 June 1997.
On the same day the Law "On
Asylum-Seekers and Refugees in the Republic of Latvia" was adopted. The said
law is based on the principles
of the Convention and establishes the procedure
to be followed in applying for and granting refugee status and defines the
rights
and obligations of asylum-seekers and refugees.
209. According to
the above-mentioned Law, refugee status is granted to a person following an
application submitted by the person
provided that the person concerned does not
fall under any of the exceptions listed in the Law. Upon application, and until
a decision
on whether or not a person is granted refugee status, the said person
is considered to be an asylum-seeker.
210. The Law states that the
request for refugee status is applicable to the family members of the person,
including children, if
they so agree. It also states that a child has the right
to submit an application if he/she is not accompanied by parents or guardians.
In such cases the Appeal Council for Refugee Matters appoints an independent
representative who acts on behalf of the child for
his/her best
interests.
211. According to the Law, the Refugee Affairs Centre decides
whether or not a person is granted refugee status within a period of
three
months from the day of the registration of the application. In
exceptional cases this period can be extended to six months. The written
decision of the Centre is forwarded to the person concerned and, if
the decision
has been negative, the person is informed about his/her right to submit an
appeal to the Appeal Council for Refugee
matters. It is the responsibility of
the Centre to ensure that the person concerned can exercise this right and be
present during
the examination of the case at the Appeal
Council.
212. Asylum-seekers have the right to legal assistance during
the examination of their applications. The State also guarantees that
asylum-seekers receive the necessary medical assistance, the expenses for which
are covered by the State.
213. A person who has been granted refugee
status has the rights, freedoms and obligations provided for by section 3 of the
Constitutional
Law "The Rights and Obligations of a Citizen and a Person", which
include, inter alia, the right to leave Latvia and return, freedom of
thought, conscience and religion, freedom of association and peaceful assembly,
the right to the protection of privacy, the right to work, education and health
care and the right to preserve the native language,
culture and traditions.
These rights are ensured without any discrimination as to race, nationality,
language, political or religious
affiliation or social status.
214. The
Law provides for State support for persons who have been granted refugee status.
If a person does not have any other sources
of income, the State gives financial
assistance to cover living and accommodation expenses as well as the fees of the
courses of
Latvian language. The person is entitled to such assistance for a
period of 12 months.
215. The Law "On Asylum-seekers and Refuges" does
not specifically address the rights and freedoms of refugee children, but the
rights
and freedoms provided for by the Law apply to all persons, adults as well
as children. Moreover, these rights and freedoms are further
guaranteed by
other legal acts such as the Constitutional Law and the law "On the Protection
of the Rights of the Child".
216. According to the information from the
Refugee Affairs Centre within the Ministry of Interior, since the adoption of
the Law there
have been 21 applications. There were 16 children among the
persons who have applied for refugee status. However, all of them were
members
of the families of the persons submitting the applications and there were no
cases of a child him/herself applying for refugee
status. As of today, one
person has been granted refugee status.
Children in armed conflicts, including physical and psychological recovery and social integration
217. Latvia has
ratified the 1949 Geneva Convention relative to the Protection of Civilian
Persons in Time of War, the 1977 Protocols
Additional to the Geneva Conventions.
The Conventions and Protocols entered into force for Latvia on 24 June
1992.
218. According to the existing legislation a citizen must be at
least 18 years of age to join the army and 19 to be called for military
service.
219. The Government wishes to emphasise that there have not been
armed conflicts within the territory of Latvia since the Second World
War and
there is therefore no practice on the application of the Convention with regard
to the measures to be taken in order to ensure
the protection of children in
armed conflicts and their recovery and reintegration.
Children in conflict with the law
The administration of juvenile justice
220. The
Criminal Procedure Code and the Criminal Code establish the principles and
procedure to be followed during investigation
and trial of criminal cases. The
Criminal Code states that criminal charges may be brought only against persons
who have attained
16 years of age. An exception exists if a serious crime has
been committed - then criminal responsibility is possible from the age
of
14.
221. Existing legislation contains guarantees for just, public review
of every case by a competent, independent and impartial court
formed in
accordance with the law. Both the Constitutional law and the Criminal Procedure
Code state that each person is presumed
innocent as long as his/her guilt is not
proven in court. Only the court may find a person guilty of a crime in
accordance with
the laws in effect at the time of the offence.
222. Every
person who has been accused of committing a crime must be informed of the
charges against him/her. Upon the moment of
detention every person has the
right to legal assistance. The Criminal Procedure Code states that the presence
of the attorney is
compulsory in all cases where the accused person is a child
and it is the responsibility of the court and its officials to guarantee
the
participation of the attorney. The Code further states that if a child is the
accused, neither he/she nor the parents or legal
guardians have the right to
refuse the assistance of the attorney.
223. Under the legislation in
force, every person has the right not to testify against him/herself and his/her
family members. The
child gives evidences in the presence of the attorney and,
if necessary, in the presence of pedagogue or psychologist. It is the
responsibility of the court officials to decide on the presence of the parents
or guardians of the child taking into account the
circumstances of the case.
The Criminal Code envisages criminal responsibility for compelling someone to
give evidences.
Children deprived of their liberty, including any form of detention, imprisonment or placement in custodial settings
224. Any restriction
of a person's freedom is permissible only in accordance with the procedure set
by law. Within 72 hours from
a person's detention the judge must issue a court
order to sanction the person's detention and further deprivation of liberty
until
the trial (arrest) or order the immediate release of the person. Each
person is guaranteed the right to an attorney upon the moment
of his/her
detention.
225. The permissible period of pre-trial detention of a minor
is two months. In exceptional cases and only if a child is accused
of a serious
crime, the judge may extend this period up to six months. Further prolongation
of the detention is prohibited.
226. Children sentenced to imprisonment
are kept separately from adults; women and men are kept separately as well.
Children serve
their sentences in correction facilities for minors
notwithstanding the severity of the sentence. According to the existing
legislation,
children in imprisonment have the right to 12 meetings a year with
their parents/guardians and relatives and the right to receive
12 parcels a
year. Imprisoned children receive clothing and food free of charge. Children
also have the right to leave the premises
of the facility for up to 10 days a
year with the permission of the administration of the facility. It is permitted
to leave the
facility for up to 5 days upon the death or serious illness of a
close relative. The period of time spent outside the facility is
not added to
the period of the deprivation of liberty but counts as a part of
it.
227. Children have the opportunity to continue general and vocational
education while they are deprived of liberty. There are no
restriction on
purchase of books, stationery and newspapers. The employment of imprisoned
children is subject to the general principles
of child employment as provided
for by the Labour Code.
228. Upon the attainment of 18 years of age a
child is transferred to the facilities for adults. However, the Administrative
Commission
of the correction facility may decide that it is in the interests of
the child (e.g., it is necessary to complete education) to remain
in the
correction facility for minors but not for longer than until the attainment of
21 years of age.
229. A child who has committed a crime and for this
reason must be isolated from society but who has not attained the age of
criminal
responsibility, in accordance with the Law "On Educational Enforcement
Measures for Children" and upon the decision of the court
may be placed in the
juvenile educational facility provided that the child is at least 11 years of
age. It is the responsibility
of the local school board to make all necessary
arrangements for placement of a child in the educational facility, and all
expenses
are covered by the parents or guardians of the child. However, if the
child is from a low-income family, the expenses are covered
by the local
government.
The sentencing of juveniles, in particular the prohibition of capital punishment and life imprisonment
230. The
Constitutional Law "The Rights and Obligations of a Citizen and a Person"
prohibits torture or other cruel, inhuman or degrading
treatment or punishment.
The Criminal Code envisaged criminal responsibility for inflicting bodily harm
and this crime is considered
as committed in aggravating circumstances if a
victim was a child.
231. Under the Criminal Code, it is prohibited to
impose capital punishment for crimes committed by persons below the age of 18.
The Code further states that the deprivation of liberty as a punishment for
crimes committed by children must not exceed 10 years.
232. According to
the information of the Ministry of Interior, in 1997 there were 3,634 crimes
where children were the suspects (in
1996 - 3,025 and 2,025 in the first half of
1998), which is 20% of all crimes registered in Latvia; 66.8% of the crimes
committed
by children were serious crimes (murder, robbery). In 1997 1,678
children were found guilty of committing a crime (in 1996 1,238
children were
convicted).
Children in situations of exploitation, including
physical
and psychological recovery and social integration
Economic exploitation, including child labour
233. Under
the Labour Code, children under the age of 15 cannot be employed in a full-time
position. A child having attained 13 years
of age may be employed during
his/her free time at an easy job not harmful to his/her health. In such cases
the consent of the parents
or guardians and a medical examination are
necessary.
234. For all children the Labour Code guarantees a shortened
working week: for children
16 - 18 the working week must not exceed 35
hours; for children up to 16 it is 24 hours. Moreover, persons under the age of
18 cannot
be employed during night hours and public holidays.
235. The
Law "On Labour Protection", which is applicable also to children, determines
that children cannot be employed in hard jobs
with conditions harmful and
dangerous for the health or development of a young person. To implement the
above-mentioned Law as well
as the relevant provisions of the Labour Code, the
Government has adopted several regulations which list the jobs where children
cannot be employed and established restrictions on manual labour. Employed
children are entitled to payment not lower that the established
minimum and to
one month of paid annual holidays.
236. The Criminal Code foresees
criminal responsibility for violation of the provisions of the Labour Code and
the laws concerning
safety of employment. As stated before in this report, any
crime the victim of which was a child, is considered as committed in
aggravating
circumstances.
237. The Government wishes to emphasise that exploitation
of child labour is not a characteristic feature of the Latvian society.
The
issue that is becoming increasingly important concerns child beggars and
research implies that about 15% of those children were
forced by their parents.
These children can be placed in children's shelters and it is the responsibility
of the local government
to decide on the measures to assist the child and
his/her family (e.g., if the child is from a low-income family, the local
government
provides social assistance to the family in the form of financial
support).
Drug abuse
238. Under the
Criminal Code persons are criminally responsible for organising drug-use places
and the holding of narcotic drugs,
envisaging more strict responsibility for
encouraging minors to use narcotic drugs.
239. In 1996 the Cabinet of
Ministers established the Commission for Coordination of Narcotics Control and
Drug Abuse Abatement.
This Commission is answerable to the Cabinet of Ministers
and its task is to coordinate the activities of all relevant institutions,
including ministries, local governments and NGOs, in the control over legal and
illicit circulation of narcotic and psychotropic
substances, precursors, as well
as in drug abuse prevention and abatement.
240. The Youth movement "For
Life Free from Alcohol and Narcotics", the organisations "Parents Against
Narcotics", "Day-Top" and other
NGOs promote a healthy life-style and inform
children about intoxicating substances and their harmful effects as well as
promote
recovery and social reintegration of drug-dependent
persons.
241. For more than three years a children's commune, "Saulriti",
exists as a rehabilitation facility within the Straupe narcological
hospital.
The commune has a school where comprehensive subjects are taught.
Sexual exploitation and sexual abuse
242. Under the
Criminal Code, it is prohibited to have sexual intercourse and other sexual
relations with a child under the age of
16. Article 121 of the Criminal Code
envisages criminal responsibility for rape, article 1211 for
satisfaction of sexual needs in perverse forms, article 124 for forced
homosexual intercourse. If the victim of these crimes
was a child, the Criminal
Code foresees more severe sentences. Article 123 provides sanctions for
inducement and coercion to engage
in unlawful sexual activities of a person
under the age of 16. Article 209 foresees criminal responsibility for
exploitative use
of children in pornographic materials.
243. In order to
ensure the implementation of the 1949 Convention for the Suppression of the
Traffic in Persons and of the Exploitation
of the Prostitution of Others, in
1997 the Criminal Code was amended and articles 2092 and
2093 establishing criminal responsibility for inducement of children
in prostitution and exploitative use of children in prostitution
were added.
There were
3 cases falling under these articles before the court in
1997.
244. According to the information of the Ministry of Interior, in
the first eight months of 1998 there were 34 cases of rape reported
to the
police where the victims were children (51 cases in 1997 and 48 cases in 1996),
usually girls 14 - 15 years of age. The second
biggest group of crimes is
satisfaction of sexual needs in perverse forms - 35 cases in the first eight
months of 1998 (69 cases
in 1997 and 48 cases in 1996). There were 34 reported
crimes falling under articles 123 and 124 of the Criminal Code (35 cases in
1997
and 20 cases in 1996) and 24 cases of reported sexual intercourse with persons
under the age of 16 (8 in 1997 and 16 in 1996).
Children belonging to a minority or an indigenous group
245. The
Constitutional Law "The rights and Obligations of a Citizen and a Person"
establishes the guarantees for the protection of
the basic rights of all
permanent residents of Latvia. The Law emphasises that it is the responsibility
of every person to respect
the customs and traditions of national and ethnic
groups living in Latvia, as well as to respect the national pride of other
persons.
The Constitutional Law also ensures the right of everybody to choose
freely his/her religious faith and to practise it.
246. The Law "On the
Unrestricted Development and Right to Cultural Autonomy of Latvia's National and
Ethnic Groups" establishes the
principle of equal treatment and
non-discrimination of all residents of Latvia. It guarantees individual choice
of national affiliation,
the right to establish national organisations and State
support for such organisations, the right to have contact with kin States,
State
support for the development of the education, language and culture of the
national and ethnic groups. Several agreements have
been concluded between
Latvia and kin States of some ethnic minorities. The most effective cooperation
of this kind is with Poland,
Lithuania and Estonia.
247. The Ministry of
Education and Science developed a conceptual framework for ethnic minorities'
education in 1995. This concept,
which was developed in accordance with the
Education Law, provides the possibility to establish national minority schools
with the
native language or Latvian as the language of instruction. It also
ensures State and local government support for minority schools.
The goal of
minority education is to provide assistance for persons to integrate into the
political, economic and cultural life
of Latvia, while retaining their ethnic
awareness, language and culture. The educational levels of minority schools
correspond to
the levels of education set by the Education Law (primary and
secondary general education).
248. The parents of children belonging to
minorities have the right to choose an educational establishment with any
language of instruction,
if the language skills of the child are sufficient.
Latvia has ensured the possibility to obtain State-financed primary and
secondary
education in
8 minority languages. There are 199 Russian, 6
Polish, 1 Jewish, 1 Lithuanian, 1 Estonian and
1 Ukrainian school, as well as
classes for Belorussians and Roma (Gypsies).
249. Currently the language
of instruction in minority schools usually is Latvian or Russian (except for
subjects of ethnic culture).
State standards of education in separate subjects
are the same for schools with Latvian as language of instruction and for
minority
schools. In subjects of ethnic culture (usually these are history,
geography, native language and literature) the educational standards
are not
confirmed by the Ministry of Education and Science, but are elaborated in
cooperation with the minority kin State in order
to promote awareness of its
culture and traditions. Every year the Ministry of Education and Science
prepares a model plan for the
primary and secondary school curricula, which
establishes the proportion of classes to be held in the native language,
depending
on the level of education.
250. Minority schools use the
textbooks published in Latvia and, for the subjects of ethnic culture, textbooks
published in their
kin States. At the request of minority schools several
textbooks, study materials and workbooks have been translated from
Latvian.
251. Besides primary and secondary schools there are "Sunday
schools" which are organised by the minority culture societies; at present
there
are more than 20 ethnic cultural societies. In those schools during holidays
children and their parents have the opportunity
to improve their knowledge of
the native language, as well as to take part in hobby groups and in activities
related to their kin
States.
252. The government of Latvia, in
cooperation with UNDP, has developed the National Programme for Latvian Language
Training. The
Programme, which has been in operation since December 1996, is
designed to promote Latvian language teaching among non-Latvians as
well as to
promote equal study and employment opportunities. The project envisages a
gradual increase in the number of subjects
taught in Latvian in minority
schools. The Programme envisages teaching Latvian to 180,000 schoolchildren
over a period of 10 years.
253. There were 751 pre-school educational
institutions in 1997. To ensure the education of pre-school-age children in
their native
language, the following institutions were established: 483
pre-school institutions with Latvian as the language of instruction; 136
with
Russian as the language of instruction; 130 bilingual (Latvian - Russian)
pre-schools; 2 with Polish as language of instruction,
4 groups with
Lithuanian-language instruction; 2 groups for Jewish children. The Latvian
language is also taught in the pre-school
educational institutions with
languages of instructions other than Latvian.
254. Vocational education
in Latvia can be obtained in Latvian and Russian. Out of the total number of
students, 65% study in Latvian
and 35% in Russian.
255. Higher education
can be obtained in the State language - Latvian. out of the total number of
university students, 86.3% study
in Latvian, 12.6% study in Russian, 0.9% in
English and 0.04% in German. In the private higher educational institutions,
out of
the total number 66.1% have Russian as the language of instruction.
[1] In the report the
term "children's court" means both the children's court and the county courts,
if not specified otherwise, as their
tasks are identical. The term "the court",
in turn, means courts as described in paragraph 10 of this
report.
[1] In Latvian,
term "citizenship" describes the legal link between the person and the State.
The term "nationality", on the other
hand, is used to describe a person's ethnic
origin.
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