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http://www.ttc.lv/New/lv/tulkojumi/E0103.doc Protection of the Rights of the Child Law Chapter I Section 1. Terms Used in this Law The following terms are used in this Law: Section 2. Purpose of the Law (1) The purpose of this Law is to set out the rights and freedoms of a child and the protection therefor, taking into account that a child as a physically and mentally immature person has the need for special protection and care. Section 3. The Child and the Principle of Equality Regarding the Rights of the Child (1) A child is a person who has not attained 18 years of age, excepting such persons for whom according to law, majority takes effect earlier, that is, persons, who have been declared to be of the age of majority or have entered into marriage before attaining 18 years of age. Section 4. Objectives of Protection of the Rights of the Child The rights of the child shall be protected so as to achieve the following objectives: Section 5. Persons and Institutions Protecting the Rights of the Child (1) The protection of the rights of a child in the State shall be ensured by: Section 6. The Principle of Protection of the Rights of the Child (1) In lawful relations that affect a child, the rights and best interests of the child shall take priority. Chapter II Section 7. Rights of the Child to Life and Development Every child has an inalienable right to the protection of life and development. Section 8. Rights of the Child to Individuality (1) From the moment of birth a child has the right to a given name, a surname and acquisition of citizenship. A child shall be registered in conformity with the law. Section 9. The Right of the Child to Privacy and Freedom and Security of Person (1) A child has the right to privacy, living quarters, confidentiality of correspondence, and inviolability and freedom of the person. Section 10. Rights of the Child to Wholesome Living Conditions (1) A child has the right to such living conditions and benevolent social environment as will ensure his or her full physical and intellectual development. Every child shall receive adequate nourishment, clothing and housing. Section 11. Rights of the Child to Education and Creativity (1) The State shall ensure that all children have equal rights and opportunities to acquire education commensurate to their ability. Section 12. Social Rights of the Child (1) A child has the right to acquire a profession and choose employment relevant to it. Professional training shall be provided by educational institutions, but, for children, who have attained 15 years of age and are registered as unemployed, through the national employment service. Section 13. Freedoms of the Child (1) A child has the right to freely express his or her opinions, and for this purpose, to receive and impart any kind of information, the right to be heard, and the right to freedom of conscience and belief. The parents of a child shall determine his or her religious affiliation. Section 14. Rights of the Child Regarding Property. (1) A child has rights of property. Section 15. Rights of the Child to Protection from Exploitation. (1) A child has the right to be protected from economic exploitation, and from employment in conditions that are dangerous or harmful to his or her health or physical, psychological or moral development, or in night work or during such working periods as hinder his or her education. Section 16. Rights of the Child to Recreation and Free Time. A child has the right to recreation and free time appropriate to his or her age and physical and mental development, and the right to take part in games and amusement events, and cultural activities, and to engage in art. Section 17. Rights of the Child to Take Part in the Formulation of Programmes for the Protection of the Rights of Child A child has the right himself or herself or through a lawful representative to take part in the formulation and realisation of programmes for the protection of the rights of the child. Chapter III Section 18. Guarantees of the Rights of the Child Guarantees for the rights of the child shall be as determined by the Constitution, this Law and other laws and regulatory enactments, as well as international agreements binding on Latvia. Section 19. Information on Rights of the Child (1) The State shall ensure that each child has the opportunity to acquire, in primary school and in secondary school or in a comparable educational institution, a basic knowledge of the rights of the child in accordance with the Education Law. Section 20. Examination of Matters Associated with the Protection of the Rights of the Child (1) The State shall ensure that matters related to the protection of the rights of the child shall be examined by specialists who have relevant knowledge in the sphere of the rights of the child and who are especially trained to work with children. Section 21. Limitations on the Rights of the Child (1) In the interests of security and protection of a child himself or herself, the realisation of the rights of the child may be subject to such limitations as are provided for by law and are necessary for the protection of national security, public order, and the morals and health of the public and the protection of the rights and freedoms of other persons. (2) A child shall receive explanations regarding such limitations as soon as the rights of the child are limited. Chapter IV Section 22. Duties of the Child in the Home (1) A child has the duty to keep himself or herself neat and to take part in housework appropriate to his or her age. Section 23. Duties of the Child toward Society (1) A child is a full-fledged member of society. The duties of a child towards society shall increase in correspondence with the age of the child. Chapter V Section 24. Duties of Parents towards the Child (1) In conformity with the provisions of The Civil Law, parents, commensurate to their finances and social standing, have a duty to look after the life and welfare of their child and to provide support for him or her, that is, give the child food, housing, clothing, care, upbringing and education. Section 25. Rights of Parents to Limit Freedoms of the Child (1) Depending on the maturity level of a child, parents may limit the rights of a child to privacy, freedom of association and of speech in order to: Section 26. State and Local Government Assistance to the Family (1) The family is the natural environment for the development and growth of a child and every child has the inalienable right to grow up in a family. The State and local governments shall support the family and provide assistance to it. Section 27. Separation of Child from Family (1) A child may be separated from his or her family, if: Section 28. Procedures for Termination or Suspension of Parental Authority (1) The procedures for termination or suspension of parental authority shall be as determined in The Civil Law and in the Law On Orphans’ Courts and parish courts. Section 29. Extra-familial Care of the Child pursuant to Parental Request (1) The Orphans’ Court (parish court) shall provide extra-familial care for a child pursuant to the request of his or her parents, if they, because of medical treatment, work or other circumstances are not able to care for the child. Section 30. Payment for Extra-familial Care of the Child (1) Parents have the duty to pay for extra-familial care services to such extent as is prescribed in The Civil Law in regard to the duty of parents to support a child. Section 31. Adoption (1) In order to ensure a familial environment for the development of a child, adoption shall be supported. Chapter VI Section 32. Purpose of Extra-familial Care The purpose of extra-familial care is to create a feeling of protection for a child, ensure circumstances for the development and welfare of the child, and support efforts of the child to be independent. Section 33. Contact of a Child in Extra-familial Care with Parents (1) A child who has been placed under guardianship or with a foster family or has been placed in a childcare and instructional institution, has rights of visitation with parents and close relatives, except in cases, in which visitation: Section 34. Informing a Child about His or Her Parents Pursuant to the request of a child, taking into account the age and maturity of the child, a guardian, foster family or head of a child care and instructional institution shall notify the child why he or she is in extra-familial care and provide information about his or her family and how long the child will remain in extra-familial care. Section 35. Care of a Child under Guardianship Procedures by which a guardian is appointed and the duties of a guardian towards a child shall be determined by The Civil Law, the Law On Orphans’ Courts and parish courts, and regulations governing the activity of Orphans’ Courts and parish courts. Section 36. Care of a Child in a Foster Family (1) The Orphans’ Court (parish court) in conformity with Cabinet regulations shall confer foster family status, provide for the training of the respective family and for the entering into of a child care agreement with the family. Section 37. General Child Care and Instructional Institutions for Orphans and Children Left without Parental Care (1) General child care and instructional institutions are orphan care centres and homes for children – shelters, crisis centres and other institutions for children which have been created for ensuring care and upbringing for orphans and children left without parental care. The provisions for general child care and instructional institutions shall also apply to boarding schools in which school-age orphans and children left without parental care are placed. Section 38. Special Child Care and Instructional Institutions (1) Special childcare and instructional institutions are institutions for social correctional education, in which children with socially deviant behaviour are placed and in which, if necessary, compulsory measures of a medical nature are applied. A child shall be placed in a special childcare and instructional institution if social correction of the behaviour of the child while located at his or her residence has not been successful or the child has committed a criminal offence before attaining 14 years of age. Section 39. Status of a Child under Extra-familial Care (1) A child who has been placed in extra-familial care, shall not be humiliated, or his or her defencelessness or dependence stressed, or his or her honour and dignity otherwise infringed. Section 40. Sanctions and Limitations (1) If the head of a child care and instructional institution, the guardian or foster family has cause for suspicion that a child has alcohol, narcotic or toxic substances or the devices necessary for their use, it is permitted to search the child. Section 41. Special Limitations (1) For a prescribed period a child may be prohibited from leaving his or her home, or his or her freedom of movement may be restricted, if it is necessary for the care of the child or in conformity with the interests of the welfare of the child in cases where: Section 42. Termination of Extra-familial Care (1) Extra-familial care shall be terminated when favourable conditions for the development of a child have been ensured by the family of the parents of the child or the child has attained 18 years of age. Leaving a child for a longer time in a care and instructional institution may be permitted if the child must complete his or her education at an educational institution or a course of medical treatment. Section 43. Provision of Assistance for a Child after Termination of Extra-familial Care (1) On termination of guardianship, or of the care of a child by a foster family or in a child care and instructional institution, the local government, according to the permanent place of residence of the child, shall, in conformity with the Law On Local Government Assistance In Solving Housing Issues, provide the orphan or the child who has been left without parental care with residential premises and shall offer other social assistance prescribed by law, including after the attaining of 18 years of age. Section 44. Work with the Parents during Extra-familial Care (1) While a child is in extra-familial care, the local government shall provide educational, social and other assistance to the parents of the child, in order to create conditions for renewal of care of the child within the family. Section 45. Supervision of Care of a Child Placed in Another Family or a Private Child Institution (1) The parents or guardian shall, without delay, give notice regarding the placement of a child in another family or in a private child institution for a period that is longer than three months, to the Orphans’ Court (parish court) according to the residence of this family or the location of the relevant institution. Chapter VII Section 46. The Rights of the Child to a Clean Living Environment (1) All persons and institutions have the obligation to avoid doing harm to the surrounding environment, in order not to infringe on the rights of the child to quality of life, health and development. Section 47. General Provisions for the Protection of the Child from the Influence of a Negative Social Environment (1) It is the duty of State institutions and local governments, and natural persons and legal persons, to protect a child from the influence of a negative social environment. Section 48. Protection of the Child from Smoking and the Influence of Alcoholic Beverages (1) A child shall be protected from smoking and the influence of alcoholic beverages. Section 49. Protection of the Child from the Use of Narcotic, Toxic and other Intoxicating Substances (1) A child shall be protected from the use of narcotic, toxic and other such intoxicating substances as have a negative influence on the organism and from the manufacture, sale and any form of distribution of such substances. Section 50. The Child and Games, Films and Mass Media (1) It is prohibited to show, sell, give as a gift, rent or promote to a child toys or video recordings, newspapers, magazines and other types of publications, in which cruel behaviour, violence, erotica and pornography are promoted and which pose a threat to the psychological development of a child. Section 50.1. Restrictions on Involvement of the Child in Events It is prohibited to involve a child in events (contests, modelling agency work and the like), in which their outer appearance is evaluated. Section 51. Protection of the Child from Illegal Activities (1) For violence against a child, encouraging or forcing a child to take part in sexual activities, exploitation or involvement of a child in prostitution, the persons at fault shall be held liable as prescribed by law. Section 52. Child Victims of Violence or Other Illegal Acts (1) Special institutions or sections in general medical institutions shall be established and special resources allocated in the State budget for the medical treatment and rehabilitation of a child who has suffered as a result of violence. Expenditures for the medical treatment and rehabilitation of the child shall be covered by the State and shall be collected from the persons at fault by subrogation procedures. Section 53. The Concept of the Child with Special Needs A child with special needs is a child who in connection with an illness, trauma or functional impairment of an organ system caused by an innate defect has need of additional medical and social assistance irrespective of whether there is a determination of disability in accordance with procedures set out by law. Section 54. The Right of the Child with Special Needs to Live a Full Life A child with special needs has the same right to an active life, the right to develop and acquire a general and professional education corresponding to the physical and mental abilities and desires of the child, and the right to take part in social life, as any other child. Section 55. Special Care for the Child with Special Needs (1) A child with special needs has the right to special parental care. Section 56. Preparation of Pedagogical and Social Workers for Work with Children with Special Needs Pedagogical and social workers shall be specially trained for work with children with special needs. For this purpose the Ministry of Education and Science and the Ministry of Welfare shall develop special training programmes. Chapter IX Section 57. Liability of a Child for Violations of Law (1) In accordance with the law a child (hereinafter also – minor) who has committed a violation of law after attaining 16 years of age may be held administratively liable, but a minor who has committed a criminal offence after attaining 14 years of age may be held criminally liable. Section 58. Organisation of Work for the Prevention of Violations of Law (1) Work with children for the prevention of violations of law shall be carried out by local governments in collaboration with the parents of children, educational institutions, the State police, public organisations and other institutions. Section 59. Conveying of a Child to a Police Station (1) A child shall be conveyed to a police station, if the child: Section 60. Measures to be Taken if a Child Requires Assistance (1) If a child has been conveyed to the police institution due to circumstances referred to in Section 59, Clauses 3-6 of this Law, the child may be held there until given over to the parents, persons substituting for them or a representative of the child care institution. Chapter X Section 61. Competence of the Cabinet within the Sphere of the Protection of the Rights of the Child The Cabinet: Section 62. Competence of the Ministry of Welfare (1) The Ministry of Welfare: Section 63. Competence of the Ministry of Education and Science (1) The Ministry of Education and Science: Section 64. Competence of the Ministry of the Interior The Ministry of the Interior: Section 64.1. Competence of the Ministry of Justice (1) The Ministry of Justice shall organise the training of judges with respect to issues regarding the rights of the child. Section 64.2. Competence of the Ministry of Culture The Ministry of Culture shall formulate the State programme in the sphere of culture and education regarding culture and shall be responsible for its realisation. Section 64.3. Competence of the Office of the Prosecutor General The Office of the Prosecutor General shall organise training for prosecutors with respect to issues regarding the rights of the child and shall ensure that the rights of the child are observed during pre-trial investigations. Section 65. National Centre for the Protection of the Rights of the Child (1) The National Centre for the Protection of the Rights of the Child: Section 66. Competence of Local Governments in Regard to Protection of the Rights of the Child (1) Parish and city local governments shall analyse the situation in the sphere of observance of the rights of the child, and shall formulate and realise a protection programme for the rights of the child in the administrative territory of the city or the parish. Section 67. Delimitation of the Competence of Local Governments (1) The district and local government according to the residence of a child shall be responsible for the protection of the rights of the child. The local government of the parish (city) shall keep a record of every child residing in its territory. Section 67.1. Informative Statistical Reports Regarding the Status of the Rights of the Child The Ministry of the Interior, the Ministry of Education and Science, the Ministry of Welfare, the Ministry of Justice, the Minister for Special Assignments – State Administration and Local Government Reform Matters and local governments shall ensure statistical surveys in regard to the protection of the rights of the child in the State, and of families, regarding whom parental authority has been terminated or suspended or who together with children have been evicted from their dwellings, regarding child adoption, placing of children in extra-familial care, the application of compulsory measures of an instructional or medical nature to children, children being held to criminal liability, and children who have become victims of violence, and the submission of an appropriate summary report to the Central Statistics Bureau. The Central Statistics Bureau shall annually compile the information referred to and submit it to the National Centre for the Protection of the Rights of the Child. Section 68. Competence of Child Care, Instructional, Educational and Other Institutions (1) Child care, instructional, cultural and educational institutions (kindergartens, children’s homes, shelters, schools, health care institutions, camps and the like) shall ensure the rights of the child within the scope of their competence as determined in their articles of association or by-laws. Section 69. Participation of Social and Religious Organisations in Ensuring the Rights of the Child (1) Social and religious organisations shall realise their programmes for parent and child education, strengthening of the family, organisation of recreation and in regard to other issues as provided for in their articles of association, shall organise public support for protection of the rights of the child, and shall realise public monitoring of protection of the rights of the child in general or in regard to specific spheres of protection of the rights of the child in accordance with the procedures prescribed by law. Chapter XI Section 70. Persons and Institutions Responsible for the Protection of the Rights of the Child (1) It is the duty of all persons and institutions responsible for protection of the rights of the child to provide assistance in every case to a child who has need thereof. Section 71. Prohibition from Disseminating Information Regarding the Child (1) Information regarding a child obtained by an employee of a child care and instructional, educational, social assistance or other institution or by an employee of a State or local government institution, in fulfilling the duties of their office, shall be confidential, and information, which could in any way harm the future development of the child or the maintenance of the psychological balance of the child may not be divulged. Section 72. Liability of Personnel of Child Institutions and Event Organisers (1) Heads and employees of child care and instructional, educational, health care, social assistance and other such institutions as children are found, and organisers of events for children are liable for ensuring that the child is safe, that he or she is provided with specialist services and that his or her other rights are observed. Section 73. Duties of Residents in Protection of the Rights of the Child (1) All residents have the duty to safeguard the safety of their own and other children and to inform not later than the same day the police, the Orphans’ Court (parish court) or other institution for the protection of the rights of the child in regard to any abuse of a child or other threat to a child, or violation of the rights of the child. Chapter XII (1) If in accordance with international or national law a child is a refugee, the child shall receive protection and assistance irrespective of whether the child is together with parents or other adults or alone in conformity with the Law On Asylum Seekers and Refugees in the Republic of Latvia. Section 75. Child Visitation with Parents Living in Different Countries (1) A child whose parents live in another state has the right, except in special circumstances, to regularly maintain a personal relationship and direct contact with them (visit with them). With respect to the right of the parents to enter the State or to exit from it only such restrictions shall be in force as are prescribed by law and are necessary for the protection of national security, public order, the health and morals of the public, or the rights and freedoms of other persons. Section 76. Crossing the State Border (1) A child may cross the State border accompanied by both parents or one of them, or a guardian, or a person authorised by them. A child who has attained the compulsory schooling age may cross the State border independently with the consent of both or one of their parents or of their guardian. Transitional Provisions 1. The Cabinet: before 31 December 2000 shall submit to the Saeima draft laws regarding amendments necessary in other laws; before 31 December 2000 shall submit to the Saeima a draft law regarding application of compulsory measures of a correctional nature to children and a draft law regarding application of compulsory measures of a medical nature to children. 2. Section 29, Paragraph three of this Law that provides for admission of a mother together with her child to an infant home, shall come into force on 31 December 1999. 3. For the implementation of Section 64 of this Law, within two months after the Law comes into force, the local government shall inform police institutions regarding which child care institutions or foster families children who require assistance may be placed in. 4. The Central Statistics Bureau together with the Ministry of the Interior, the Ministry of Education and Science, the Ministry of Welfare, the Ministry of Justice, the Minister for Special Assignments – State Administration and Local Government Matters and local governments shall, by 1 June 2000, formulate and approve a unified statistical report system for issues regarding the protection of the rights of the child. 5. Section 27, Paragraph five of this Law shall come into force on 1 January 2001. 6. The provisions of Section 11, Paragraph two of this Law regarding the right of the child to primary school preparation free of charge, shall come into force on 1 January 2001. 7. Before 1 July 2000 the Cabinet shall issue regulations regarding the procedures pursuant to which the child shall cross the State border. This Law has been adopted by the Saeima on 19 June 1998. President G. Ulmanis Riga, 8 July 1998
General Provisions
1) orphan – a child, whose parents have died or have been declared dead pursuant to procedures prescribed by law;
2) a child left without parental care – a child, whose parents are absent without information as to their whereabouts, are not known or due to a long-term illness are not able to exercise parental authority or whose parents have had their parental authority suspended or taken away;
3) foster family – a family, which ensures care and upbringing for an orphan or a child left without parental care;
4) guardian –a person who is appointed or approved pursuant to procedures prescribed in The Civil Law to ensure the protection of the rights and best interests of a child;
5) support family – a family which provides support in the care and upbringing of a child to a family in which there is a chronically sick child, an incomplete family, a family with many children or a family which lacks proficiency or skill in the care and upbringing of a child.
6) support person – a person who can provide support to a child who has learning or peer relationship problems or has need of other forms of support;
7) home – permanent place of residence of a child;
8) housing – heated living quarters (a dwelling) in habitable condition, which complies with the requirements of construction and sanitary norms;
9) extra-familial care – care ensured for orphans and children who have been left without parental care;
10) child care and instructional institution – an institution in which the providing of care for and upbringing of orphans and children left without parental care, or the correcting of social behaviour of children and, if necessary, the application of compulsory measures of a medicinal nature, are ensured;
11) private institution for children – an institution established by a natural or a legal person, that ensures provision of services corresponding to the best interests and needs of children for their overall development;
12) shelter – a child care institution which ensures short-term extra-familial care and upbringing for children;
13) abused child – a child, who has suffered physical, sexual or emotional abuse from a family member or other person;
14) sexual abuse – the involving of a child in sexual activities which the child does not understand or to which the child cannot knowingly give consent;
15) physical abuse – the application knowingly of such force as threatens the health or life of a child in contacts with the child;
16) emotional abuse – the ignoring of the emotional needs of a child or the psychological coercion of a child;
17) parental neglect – failing to satisfy health care, nourishment, educational, environmental and other fundamental physical or emotional needs of a child, if the parents have been capable of satisfying such needs; and
18) minimum welfare level for a child – the amount of resources necessary to ensure meeting the rights of a child to development, health care, education and other rights of the child prescribed by law.
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(2) This Law also regulates the criteria by which the behaviour of a child shall be controlled and the liability of a child shall be determined, regulates the rights, obligations and liabilities of parents and other natural persons and legal persons and the State and local governments in regard to ensuring the rights of the child, and determines the system for the protection of the rights of the child and the legal principles regarding its operation.
(3) Protection of the rights of the child is an integral part of State policy. The State and local governments shall organise and monitor the protection of the rights of the child throughout the territory of the State.
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(2) The State shall ensure the rights and freedoms of all children without any discrimination – irrespective of race, nationality, gender, language, political party alliance, political or religious convictions, national, ethnic or social origin, place of residence in the State, property or health status, birth or other circumstances of the child, or of his or her parents, guardians, or family members.
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1) the development and reinforcement of an orientation of a child toward values corresponding to the interests of society;
2) orientation of a child to work as the only morally supportable source for obtaining resources for livelihood and welfare;
3) orientation of a child toward the family as the fundamental value in social organisation and one of the principal values of society and of individuals;
4) orientation of a child to a healthy life style as an objective precondition for the survival of the nation; and
5) maximum protection of the health and the life of the child, paying particular attention to such during public events, armed conflict, fires or other emergency situations (floods, storms, increased radiation levels and the like).
1) the parents (adopters), foster family and guardians of a child;
2) educational, health care, social assistance and cultural institutions, and employers;
3) State and local government institutions; and
4) public organisations and other natural or legal persons whose activities are associated with the provision of support and assistance to children.
(2) Children’s organisations and the family shall also be protected.
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(2) In all activities in regard to a child, irrespective of whether they are carried out by State or local government institutions, public organisations or other natural or legal persons engaged in the care and upbringing of the child, and the courts and other law enforcement institutions, the ensuring of the best interests of the child shall take priority.
(3) Protection of the rights of the child shall be realised in collaboration with the family, State and local government institutions, public organisations and other natural and legal persons.
(4) During periods of extra-familial care necessary measures shall be taken to ensure the re-unification of a child with his or her parents.
(5) An act or failure to act, as a result of which the rights of a child are not observed (leaving the child without a minimum amount of nourishment, housing, care, guardianship), or other acts which limit the personal or property rights and freedoms of the child, shall be considered amoral and illegal.
Fundamental Rights of the Child
(2) A child has the right to retain his or her identity.
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(2) A child shall not be treated cruelly, tortured or physically punished, and his or her dignity and honour shall not be violated.
(2) A child with physical or mental disabilities also has the right to everything that is necessary for the satisfaction of his or her special needs.
(3) A child has a right to a permanent place of residence.
(4) The Cabinet shall determine the minimum level of welfare for a child.
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(2) Children have the right to free-of-charge pre-school preparation, primary and secondary education and vocational training.
(3) Children belonging to the ethnic minorities of Latvia have the right to acquire education in their native language in conformity with the Education Law.
(4) A child has copyright, and patent rights to his or her invention.
(5) A child has the right to learn about cultural heritage and to participate in its protection, and to develop his or her creative abilities.
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(2) A child has the right to free-of-charge health care, as determined by the State programme.
(3) A child, who is not receiving adequate parental care, has the right to State and local government social assistance.
(4) A State and local government shall ensure the material conditions necessary for life for each orphan and child left without parental care.
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(2) A child has a right of association, insofar as it does not threaten the health and the life of the child.
(3) A child has the right to participate in self-administration in the spheres of education, culture and sports. In any other spheres which affect the interests of the child, appropriate attention, corresponding to the age and maturity of the child, shall be paid to the opinion of the child.
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(2) A child, depending on his or her age, has the right himself or herself or through his or her lawful representative to carry out transactions and realise other ownership rights prescribed by law.
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(2) A child has the right to be protected from physical and mental exploitation, from sexual exploitation and seduction, and from any other forms of exploitation, which may in any way harm the child.
Guarantees of the Rights of the Child and Limitations of Rights
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(2) The State shall inform the public about the provisions of this Law and other laws and regulatory enactments adopted in the area of the protection of the rights of the child and about the principles of international law in this area.
(2) Submissions and complaints that are related to the protection of the rights of the child shall be examined without delay.
(3) A child shall be given the opportunity to be heard in any adjudicative or administrative proceedings related to the child, either directly or through a lawful representative of the child or through a relevant institution.
(4) Matters that are related to ensuring the rights or best interests of a child, and criminal matters in which the defendant is a minor, shall be adjudicated in court pursuant to special procedures.
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Duties of the Child
(2) A child shall treat his or her parents (adopters), and other family members, guardians and foster family members with respect.
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(2) A child has the duty to study commensurate to his or her physical and mental development. During study time the child shall observe the internal procedural regulations of the educational institution.
(3) A child, depending on his or her age and maturity level, has the duty to safeguard his or her health.
(4) A child shall treat the State and its symbols with respect and shall observe the law.
(5) A child shall observe the behavioural norms accepted by society. The child shall not, in exercising his or her rights, infringe the rights and lawful interests of other children and adults.
(6) A child has the duty to treat the surrounding environment with care.
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Child and Family
(2) It is the duty of the parents of a child to prepare him or her for an independent life in society, as far as possible respecting the individuality of the child and observing the abilities and wishes of the child.
(3) Parents are the natural guardians (lawful representatives) of a child. It is their duty to defend the rights and interests of the child protected by law.
(4) Parents shall be held liable as determined by law for not fulfilling their parental duties and for abuse of parental authority, physical punishment or cruel treatment of a child.
(5) Limitations may be provided on expression of the wishes of the parents in relation to a child, irrespective of their opinions and religious convictions, if it is determined that they could be physically or mentally harmful to future development of the child.
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1) ensure the development of the child;
2) safeguard public order and public morals and health;
3) protect the rights and freedoms of other persons.
(2) A child may apply for assistance to the Orphans’ Court (parish court), if the parents, in the opinion of the child, have set unjustifiable limitations or other differences of opinion have arisen in their relationship.
(2) If the relationship of the parents with their child does not ensure a favourable environment for the development of the child or if the child is chronically ill, the local government shall assist the family, providing consultations with a psychologist, social counsellor or other specialist, and shall appoint a support family or support person for the child, who shall assist in stabilising the relationship between parents and child.
(3) Depending on the age of a child, the local government shall assist the family, particularly, a family in need, in the upbringing and education of the child, in vocational training and in finding employment and housing.
(4) The State and local governments shall provide support to child and family educational, health maintenance, cultural, sports and recreational institutions and organisations, in order to promote physical development and creative activities of a child; provide opportunities for spending free time for a child; and provide other services as will promote full development of a child and assist the family in the upbringing of a child.
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1) the life, health or development of the child is seriously threatened by lack of care or due to the circumstances of his or her home (social environment);
2) the child is seriously threatening his or her health or development by using alcohol, narcotic or toxic substances; or
3) the child has committed a criminal offence.
(2) In the cases provided for in Paragraph one, Clauses 1 and 2 of this Section, a child shall be separated from the family if it is not possible to allay the circumstances unfavourable to the development of the child if he or she remains in the family.
(3) In separating a child from his or her family, extra-familial care shall be ensured for the child with a guardian, a foster family or in a childcare and instructional institution, as well as free-of-charge emergency care in hospitals and rehabilitation institutions.
(4) If extra-familial care is ordered in connection with the circumstances referred to in Paragraph one, Clause 1 of this Section:
1) the children from one family shall not be separated except in special cases where it is done in the best interests of the children; and
2) in selecting the form of extra-familial care, the point of view of the child shall also be taken into account.
(5) In such cases the local government social assistance service together with other local government authorities, the parents of the child and institutions for the protection of the rights of the child shall formulate a programme of support and assistance for the family.
[9 March 2000]
(2) In the cases set out in Section 27, Paragraph one, Clause 3 of this Law, the court shall render a decision or judgment. In the cases set out in Section 27, Clause 2 of this Law, the court shall apply compulsory measures of a correctional or medical nature.2
(2) [9 March 2000]
(3) Pursuant to the request of the mother of a new-born child, if she does not have resources for subsistence, such mother together with her child shall be admitted to a home for infants during the time she is breastfeeding the child.
(2) The circumstance that parents are not able to pay for the extra-familial care of a child, may not be the basis for non-provision of extra-familial services. Payment for services in such cases shall be covered as applicable by the State or local government budget and thereafter shall be recovered from the parents by judicial process.
(3) During periods of extra-familial care, child and family support shall not be paid to parents.
(2) The legal basis of adoption shall be determined by The Civil Law. The Cabinet shall determine the procedures for adoption.
(3) In cases and in accordance with procedures provided for in law, a child may be adopted to a foreign state, if one of the conventions which determine the protection of the rights of the child and co-operation in international adoptions is binding on this state, or if Latvia has entered into a bilateral agreement with it in regard to legal co-operation in the sphere of adoption.
[9 March 2000]
Extra-familial Care
1) is harmful to the health and development of the child; or
2) poses a threat to the guardians, foster families, employees of childcare and instructional institutions or other children.
(2) If the circumstances referred to in Paragraph one of this Section exist, the Orphans’ Court (parish court) or another institution which has taken a decision in regard to extra-familial care may refuse to notify the parents or close relatives of a child in regard to the location of the child.
(3) The persons concerned may appeal a decision regarding a prohibition of visitation in accordance with procedures prescribed by law.
(4) In cases where parental authority of parents has been suspended, the head of a child care and instructional institution may permit a child to stay with the parents on non-working days and holidays, if the Orphans’ Court has given consent in writing.
[9 March 2000]
[9 March 2000]
(2) The local government shall assist foster families in the upbringing of children and shall ensure the necessary social services.
(3) The legal relationship of a child and a foster family shall be regulated by Cabinet regulations.
(2) The by-laws of a general childcare and instructional institution shall be approved by its founder.
(3) A child shall be placed in a general childcare and instructional institution pursuant to the decision of an Orphans’ Court (parish court) or an order of the chairperson of the Orphans’ Court (parish court).
(4) A child shall also be admitted to a general childcare and instructional institution for short-term care pursuant to a police order.
(5) A shelter for children shall not refuse to take a child into its care if the child himself or herself has asked for assistance or his or her admission is requested by a person who has determined that the child has been left without care.
(6) In the cases set out in Paragraphs four and five of this Section, the institution for children shall notify the Orphans’ Court (parish court) regarding a child being taken into care not later than the following day.
(7) There shall be premises and equipment thereof necessary for the development of a child and qualified medical and other personnel in childcare and instructional institutions. The requirements for general care and instructional institutions for orphans and children left without parental care, including the medical health and hygiene requirements therefor, shall be determined by the Cabinet.
[9 March 2000]
(2) A child may be placed in the institutions referred to in this Section pursuant to a court order in accordance with procedures prescribed by a separate law.
[9 March 2000]
(2) During the time of extra-familial care, the behaviour of a child, personal hygiene and social interaction skills shall be developed, and circumstances shall be created for obtaining a general education and acquiring a profession.
(2) If there is cause for suspicion that in correspondence or other mail addressed to a child there is alcohol, narcotic or toxic substances or equipment necessary for their use, pornographic material or something else as may be harmful or dangerous to the child, the head of the care and instructional institution, the guardian or the foster family may examine the correspondence or mail addressed to the child.
1) extra-familial care has been provided for a child because the child is seriously threatening his or her health or development by using alcohol, narcotic or toxic substances, or has committed a criminal offence, or due to other similar behaviour; or
2) special circumstances exist for considering such limitation necessary.
(2) A child may be isolated from other children in the house, if the child threatens his or her life or health or that of another person or such isolation is necessary in connection with the care of the child.
(3) The period of isolation shall not exceed 24 hours and to continue isolation of the child from others shall be permitted only in special cases. The total duration of the isolation shall not exceed 48 hours.
(4) During the period of isolation, supervision shall be provided for the child.
(5) Circumstances concerning isolation of a child and the procedures for its application shall be determined by the Cabinet.
(2) In the cases set out in Paragraph one of this Section, a child on leaving a child care and instructional institution shall be given information in writing in regard to social benefits, including the right to receive a dwelling, as provided for by law.
(3) A decision or judgment regarding renewal of parental authority shall be made by a court or an Orphans’ Court (parish court) in accordance with procedures prescribed by law.
[9 March 2000]
(2) If a child continues to study, the benefits referred to in Paragraph one of this Section and not utilised shall be maintained for the total study period, but not longer than after the attaining of 24 years of age.
[9 March 2000]
(2) A foster family and a childcare and instructional institution shall inform the parents about the development of the child and shall encourage the renewal of family ties.
(2) On receipt of the information mentioned, the Orphans’ Court (parish court) shall decide if the child will be adequately cared for in such a family or private child institution, if the person who is responsible for the care is able to care for the child, and if such placement corresponds to the best interests of the child.
(3) If it is found that a child is not being properly cared for or brought up in such family or private child institution, the local government shall ensure that the care and upbringing is improved. If that is not possible, the Orphans’ Court (parish court) shall enjoin such family or institution from being the caretaker for the child. If the return of the child to the parents is not possible, the Orphans’ Court (parish court) shall decide regarding the future extra-familial care of the child.
(4) A child care and instructional institution may allow a child to visit and stay with another family on weekends and public holidays if the administration of the institution has previously inspected the circumstances of this family and has made the finding that staying with them will not harm the child, and has informed the Orphans’ Court (parish court) in writing regarding such.
(5) A child care and instructional institution may place a child in a family for a period which exceeds the time referred to in Paragraph four of this Section, if the material and household circumstances of the family have been previously examined and the Orphans’ Court (parish court) has found it possible to place the child in such family. The expenses for feeding the child shall be covered by the childcare and instructional institution, in agreement with the family.
(6) A child who has been under extra-familial care may be placed in a family or child institution in a foreign state for a period with the consent of the Orphans’ Court (parish court) if this placement is co-ordinated with the institution for the protection of the rights of the child of the relevant state, while observing the procedures prescribed in such state.
[9 March 2000]
The Child and his or her Living Environment
(2) The State, in accordance with the Law On Environmental Protection, shall ensure supervision of the prevention of such harmful factors and causes of diseases as may negatively affect the health of the child.
(3) The State has a duty to provide relevant information regarding the factual conditions of the environment in both the entire State and in specific territories thereof.
(2) In order to reduce the effects of a negative social environment, the objective of the State social policy is to establish a benevolent cultural environment and to popularise a healthy lifestyle. Resources shall be allocated in the State budget for this.
(3) Public radio and public television shall, pursuant to the national remit, annually create programmes popularising a healthy lifestyle.
[9 March 2000]
(2) A negative attitude towards smoking and the use of alcoholic beverages shall be instilled in a child. A child shall not be permitted to work at jobs that are associated with alcoholic beverage or tobacco product manufacturing, sale or advertising.
(3) In accordance with the Law On Restrictions Regarding Manufacture, Sale, Advertising and Smoking of Tobacco Products, and the Trade in Alcohol Law, alcoholic beverages and tobacco products shall not be sold to a child.
(4)For inducing a child to drink alcoholic beverages, persons at fault shall be held liable as prescribed by law.
(5) A child who has become ill as a result of excessive use of alcoholic beverages, shall be ensured mandatory medical treatment and reintegration into society. Resources shall be allocated in the State budget for this.
[9 March 2000]
(2) For encouraging a child to use narcotic, toxic or other intoxicating substances or inducing the child to use or distribute such, persons at fault shall be held liable as prescribed by law.
(3) A child who has become dependent on narcotic, toxic or other intoxicating substances shall be ensured mandatory special medical treatment and reintegration into society. Resources shall be allocated in the State budget for this.
[9 March 2000]
(2) Restrictions on radio and television programmes for the purposes of protection of the rights of the child shall be as determined by the Radio and Television Law.
(3) It is prohibited for a child to be located in places where materials of an erotic and pornographic nature are manufactured or shown.
(4) It is prohibited to involve a child in the manufacture, distribution and public showings of materials of erotic and pornographic nature.
(5) The Cabinet shall determine restrictions on the distribution and advertising of materials of an erotic and pornographic nature.
(6) For violation of the prohibitions and restrictions referred to in this Section, the persons at fault shall be held liable as prescribed by law.
[9 March 2000]
(2) A child who is a victim of a criminal offence, exploitation, sexual abuse, violence or any other unlawful, cruel or demeaning acts, shall, in accordance with procedures prescribed by the Cabinet, be provided with emergency assistance free of charge, in order that a child may regain physical and mental health and reintegrate into society. Such medical treatment and reintegration shall take place in an environment favourable to the health, self-esteem and honour of a child, carefully guarding the child’s intimate secrets.
(3) Every person has the duty to inform the police or another competent institution regarding violence or any other criminal offence directed against a child. For failing to inform, the persons at fault shall be held to liability as prescribed by law.
(2) Special medical treatment shall be provided for a child who has become ill with a sexually transmitted disease. The adults at fault for the illness of the child shall be held liable as prescribed by law and the costs of the medical treatment shall be collected from them.
(3) It is prohibited for a child who has been a victim of violence (illegal act):
1) to be left alone, except in cases when the child himself or herself so wishes and this choice is considered appropriate by a psychologist who has undergone special preparation for work with children who have suffered from violence;
2) to be left without psychological or other form of care;
3) to be confronted by the possible perpetrator of the violence (illegal act) while the child is not sufficiently psychologically prepared for such a confrontation; or
4) to be subjected to the use of any compulsory measures in order to obtain information or for any other purpose.
(4) Extra-familial care shall be provided without delay for a child who has suffered from violence (illegal act) in his or her family or for whom a real threat of violence exists, if it is not possible to isolate the persons at fault from the child.
[9 March 2000]
Chapter VIII
The Child with Special Needs
[9 March 2000]
(2) The State and the local governments shall assist a child with special needs to integrate into society and ensure for him or her medical and social services in accordance with the Law On Medical and Social Protection of Disabled Persons.
(3) A child with special needs, whose care his or her family is not able to ensure, shall be taken into the full care of the State.
(4) Where a child with special needs is placed for adoption, the adopters shall be informed regarding the state of health of the child, developmental characteristics and their consequences, and the special nature of care for the child.
[9 March 2000]
Liability of a Child for and Prevention of Violations of Law
(2) During the time a child is under arrest for an administrative violation or a criminal offence, in detention, under custodial arrest or is in a place of imprisonment, the guarantees of the rights of the child during the safeguarded period shall be as determined by laws providing for administrative liability, and regulating criminal procedures or serving of sentence.
(3) For involving a child in crime or other illegal activities, the persons at fault shall be held liable as prescribed by law.
(2) Local governments shall establish a prevention file and formulate a social behaviour correction and social assistance programme for each child who:
1) has committed a criminal offence and is not in detention during the pre-trial investigation period;
2) is found guilty of the commission of a criminal offence, but whose sentence is not connected with deprivation of liberty;
3) is released from criminal liability;
4) is released from imprisonment or from the place where they are serving sentence;
5) has committed, prior to attaining 14 years of age, illegal acts set out in The Criminal Law;
6) has committed illegal acts as set out in the Administrative Violations Code more than two times; or
7) begs, is vagrant or performs other acts which may lead to illegal actions.
(3) The State police may enter into prevention records children set forth in Paragraph two, Clauses 1 – 6 of this Section and other children, for whom there is a prevention file established at a local government, if the formulated social correction and social assistance program provides for the joint participation of the police in a specific case.
[9 March 2000]
1) has committed activities for which criminal liability is provided;
2) has committed an administrative violation, if it is not possible to otherwise determine the identity of the child and to draw up an administrative violation report;
3) is found in a public place in a state of intoxication;
4) is begging;
5) has not attained 15 years of age and is found in a public place at night without the supervision of parents or persons substituting for them. Specific times shall be determined by local governments;
6) is lost or abandoned, or is found in such circumstances as are dangerous for a child or may harm his or her development; or
7) has arbitrarily left his or her family, guardian, foster family or childcare and instructional institution.
(2) In the cases provided for in Paragraph one, Clauses 3-7 of this Section, the conveyance of a child to the police is permissible if it is not possible to provide assistance to the child in another way. In cases where the police determine that the child is vagrant, begging, intoxicated with narcotic or toxic substances or alcoholic beverages or there is an unfavourable family environment or that other circumstances exist as may be harmful to the child, they shall inform the relevant Orphans’ Court or parish court.
(3) A child conveyed to the police may not be held together with adult violators of the law, and the child shall be provided with constant adult supervision. The child may not be subjected to any physical or mental influence, and may not be forced to testify against himself or herself or to confess his or her guilt.
(4) Explanations may be requested from a child who has impaired mental development, with the participation of a person who has specialised knowledge in work with children who have mental development disorders.
(5) If a child with special needs has been conveyed to the police, conditions for fulfilling the special needs of the child shall be ensured.
[9 March 2000]
(2) If within a period of three hours it is not possible to determine the identity of a child and to give the child to his or her parents, persons substituting for them or the child care institution that he or she has left, the police shall place the child in a child care institution or a foster family and shall inform the Orphans’ Court (parish court) regarding such.
(3) If a child who has been conveyed to the police is under the influence of alcoholic beverages, narcotic or toxic substances or other intoxicating substances or there is suspicion that the child is being sexually abused, has become the victim of illegal activities or has been induced to beg, the police shall determine the circumstances of the acquisition and use of the intoxicating substances, and the persons who have induced the child to engage in activities harmful to him or her or have performed illegal acts against the child.
(4) If a child who has been conveyed to the police requires medical assistance, the police shall place the child in a medical institution or arrange the providing of outpatient medical assistance.
Organisation of the Protection of the Rights of the Child
1) shall formulate relevant draft laws and issue the necessary regulations in regard to the protection of the rights of the child;
2) shall approve the annual programme for the improvement of the status of children in the State;
3) shall establish an interministerial commission for the protection of the rights of the child, involving therewith organisations for the protection of the rights of the child and local governments or their public organisation representatives; and
4) shall approve a State programme for the preparation of social educators and social workers.
[9 March 2000]
1) shall formulate State policy projects for child and family social security, including social insurance, social assistance (social care, social rehabilitation, material assistance), health care and medical rehabilitation, and in the sphere of adolescent employment shall co-ordinate the realisation of these projects and be responsible for their implementation;
2) shall provide medical and social rehabilitation for children who have suffered from violence or other illegal acts;
3) shall ensure the receipt of medical rehabilitation and technical aids, and shall develop the State institutional and alternative care and rehabilitation service network for children with special needs;
4) shall administer the methodology of the work of institutions for extra-familial care for children;
5) shall supervise and administer the methodology of the work of the Orphans’ Court (parish court) in questions of guardianship; and
6) shall ensure the carrying out, from State budgetary resources, of public procurement regarding the preparation of social workers and social educators .
[9 March 2000]
1) shall formulate State policy projects in the sphere of child education and sports and organise the implementation of approved projects;
2) shall ensure accessibility and quality of education, and integration into society for children with special needs and children who have suffered from violence or other illegal acts, from the use of narcotic, toxic and other intoxicating substances or alcohol or the effects of a negative social environment;
3) shall formulate educational programmes in the sphere of protection of the rights of the child;
4) shall ensure that health studies are introduced in schools as a compulsory subject;
5) shall determine the qualifying requirements and criteria to be met by workers in education, and shall promote the raising of the qualification level of workers in education;
6) in conjunction with the Ministry of Welfare, shall formulate the State programme for the preparation of social workers, social educators and teachers for work with children with special needs and children who require social and pedagogical correction of behaviour, and with the families of such children, and shall co-ordinate the realisation of State programmes; and
7) shall formulate a State draft policy in the sphere of protection of the rights of the child.
(2) The National Centre for the Protection of the Rights of the Child shall be under the supervision of the Ministry of Education and Sciences.
[9 March 2000]
1) shall formulate and realise programmes for the prevention of child crime, as well as programmes for the protection of the child from crime;
2) in collaboration with other authorities shall carry out measures in the fight against illegal relocation of children across the State border and non-return of children from foreign states; and
3) shall ensure special training for police officers for work with law-breakers who are minors and minors who are victims of criminal offences, and with their families.
[9 March 2000]
(2) The Ministry of Justice shall ensure that court work is organised so that priority consideration shall be applicable in the adjudication of matters associated with the protection of the rights and the best interests of the child.
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1) shall formulate proposals for State policy projects in the sphere of the protection of the rights of the child and an annual State programme project for the improvement of the condition of children, and shall be responsible for the realisation of the approved projects;
2) shall supervise the observance of laws and other regulatory enactments in the sphere of protection of the rights of the child and shall formulate proposals for the amendments to regulatory enactments necessary for ensuring protection of the rights of the child;
3) shall co-ordinate the activities of State and local government institutions and shall supervise and analyse the quality of the process for protecting the rights of the child in the sphere of protection of the rights of the child;
4) shall submit once semi-annually to the Saeima and the Cabinet a written report regarding the work of the Centre and an account regarding the status of children in the State;
5) shall prepare once every five years a report regarding the status of children in Latvia and measures that have been taken for ensuring the rights of the child for submission to the United Nations Committee on the Rights of the Child regarding the status of children in Latvia and the measures that have been carried out to ensure the rights of the child.
(2) The district (city) inspections (inspectors) of the protection of the rights of the child, whose duty it is to supervise compliance with the law in the relevant administrative territory, shall be under the supervision of the National Centre for the Protection of the Rights of the Child.
(3) The district (city) inspections (inspectors) of protection of the rights of the child have the right, at their own initiative or in relation with a complaint to review the activity of any State or local government institution, public organisation or any other natural or legal person regarding questions about the protection of the rights of the child, demanding from the referred to institutions, organisations and persons information or clarification in this sphere.
(4) In regard to the results of the review, the inspection (inspector) shall provide recommendations for the prevention of violations and, if necessary, recommend that the responsible person of the relevant institution shall be held liable for the disciplinary or other liability set out by law.
(5) The Cabinet shall appoint the director of the National Centre for the Protection of the Rights of the Child and shall approve the by-laws of the Centre.
[9 March 2000]
(2) In conformity with the law, the local government:
1) shall provide assistance and support to families in which there are children, guaranteeing shelter, warmth and clothing, and nutrition appropriate to his or her age and state of health, for each child residing in the local government territory;
2) shall ensure extra-familial care for those children, who for a time or permanently are without their own family, or who for their own best interests may not be left in their own family.
3) shall ensure the rights of the child to acquire a general secondary education and provide children with assistance in vocational training;
4) shall organise primary health care for mothers and children;
5) shall organise parental education;
6) shall provide for primary schools and extracurricular child institutions, public libraries, and organisation of child recreation; and
7) shall carry out other measures ensuring the rights of the child.
(3) City Orphans’ Courts (parish courts) as guardianship institutions shall ensure the protection of the personal and property rights of the child.
(4) The local district government shall co-ordinate the implementation of the activities referred to in Paragraph one of this Section.
(5) The local government shall involve the public in ensuring the rights of the child and shall co-ordinate the activities of public organisations.
[9 March 2000]
(2) The residence of the parents of a child shall be considered the residence of the child.
(3) If the parents of a child reside in different administrative territories, the residence of the mother shall be considered the residence of the child, provided that it has not been determined pursuant to a court judgment that the child is to reside with the father or the parents have not agreed in regard to this.
(4) During the period that a child is located in extra-familial care, the permanent residence of the child shall remain in the administrative territory of the local government which has taken the decision regarding extra-familial care.
(5) In cases where a child is found in conditions hazardous to the life or health of the child, assistance shall be provided by local government and State institutions according to where the child is located. Lack of secure housing, warmth and clothing, and nutrition appropriate to the age and the state of health of the child, and violence against the child, shall be considered conditions hazardous to the life and health of the child.
(6) If a child alone, or together with his or her parents, is located in a temporary residence, assistance and support shall be provided for the child by local government institutions in accordance with the temporary residence.
(7) The procedures for mutual set-offs by local governments with regard to provision of social assistance in the cases provided for in Paragraphs four and five of this Section shall be determined by the Law On Social Assistance.
(8) If the guardian or the family, in whose care an orphan or a child left without parental care has been placed, does not receive the maintenance expenditures or social assistance provided for by law, assistance for the child shall be ensured without delay from State budget resources, pending the taking of a decision by the relevant local government. The resources paid out of the State budget shall be collected from the local government according to the residence of the child.
[9 March 2000]
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(2) The maintenance of order in these institutions shall be ensured by internal procedural regulations that comply with the requirements of law and do not infringe upon the dignity of children.
(2) Religious organisations may involve children in activities of a religious nature and events conducted by religious organisations only with written consent from parents, but during periods of extra-familial care, with the written consent of a guardian, a foster family or a care and instructional institution.
(3) Within budget limits, the State and local governments shall provide financial support to public organisations for the realisation of programmes devoted to the interests of the family and children.
[9 March 2000]
Liability for Failure to Observe Rights of the Child
(2) A child himself or herself and other persons have the right to apply for assistance to institutions for the protection of the rights of the child and to other State and local government institutions carrying out activities provided for by law, if the father, mother or other legal representative of the child, or a child care, instructional or educational institution employee violates the rights of the child, treats the child cruelly or in some other way fails to observe the rights of the child.
(2) It is prohibited to disseminate personally obtained information regarding a child who has become a victim or a witness to a crime, and such information as could harm the child now or in the future.
(3) Taking advantage, for motives of self-interest, of the information supplied by a child, is prohibited.
(4) It is prohibited to interview a child and disseminate to the press and other mass media information in regard to the child who has committed a violation of law, has become a victim or a witness of an illegal activity, except in cases where the child himself or herself expresses the desire to openly disclose what was experienced, the parents or other lawful representatives of the child consent to it and the person conducting procedures during an inquiry or investigation, or the court do not object.
(5) Persons at fault for utilisation or dissemination of information as is prohibited shall be held disciplinarily liable or otherwise liable as provided by law.
(2) For violations committed, the persons referred to in Paragraph one of this Section shall be held disciplinarily or otherwise liable as prescribed by law.
(3) Persons shall not work as heads or employees of child care and instructional, educational, health care, social assistance and other such institutions as children stay in, who:
1) have allowed violations of this Law and other regulatory enactments regarding protection of the rights of the child;
2) have allowed immoral behaviour at work or outside work, as determined by a court judgment or other decision of a competent institution; or
3) have been sentenced for crimes which are associated with violence against a person.
(4) In hiring the persons referred to in Paragraph one of this Section, information regarding their previous activity, competence and experience shall be requested.
[9 March 2000]
(2) Health care, pedagogical, social sphere or police employees, and elected State and local government officials, who have received information regarding violations of rights of the child and who have failed to inform the institutions referred to in regard to such, shall be held liable as prescribed by law for such failure to inform.
Final Provisions
Section 74. Refugees
(2) The Orphans’ Court (parish court) together with the local government social service and immigration institutions shall carry out measures to find the parents of a child and to determine what possibilities there are for the child to return to his or her family.
(3) If it is not possible to find the parents of a child, the refugee child shall be provided with the same care as any other child who has been left without parental care.
(2) A mother or father living in a different state have the right, in accordance with procedures prescribed, to enter Latvia for purposes of unification of the family.
(2) The Cabinet shall determine the procedures pursuant to which a child shall cross the State border.
[9 March 2000; 18 May 2000]
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