Submitted by crinadmin on
Summary: General overview of Latvia's national legal provisions on children's rights, including guidance on how to conduct further research. National laws on children's rights Status of CRC in national law Constitution: The Constitution contains a number of rights provisions that apply regardless of age, but also a number that specifically address the rights of children: Art. 110 requires the State to protect and support marriage, the family, and the rights of parents and children. It also places a special duty on the State to help disabled children and children who are left without parental care or have been victimised by violence. Art. 112 declares that everyone has the right to education, that primary and secondary education shall be provided by the State free of charge, and that primary education is compulsory. Legislation: The Law on Protection of the Rights of the Child was passed in 1998 and incorporates many of the rights set out in the CRC. Other provisions relevant to children's rights appear both throughout general codes and in specific laws and regulations including, but by no means limited to: Legal Research Case law Case Law Research Compliance with the CRC In depth analysis: Despite some changes to the Citizenship Law, the Committee noted that a number of children in Latvia are stateless and not yet full citizens of Latvia. The Committee also remained concerned that corporal punishment and other degrading practices continued unabated in schools and other institutions, and as such recommended that the State ban all forms of violence against children in all settings. The high rates of institutionalization were also noted as problematic, as was the under-resourced foster-care system. Many children had poor access to appropriate medical care, in particular with regards to mental health and sexual health concerns. Children seeking asylum were also denied health care, and were regularly detained with their parents. Lengthy periods of pre-trial detention were similarly an issue for children alleged to be in conflict with the law, as was lack of access to legal aid or to independent and effective complaints mechanisms. Current legal reform projects
Properly ratified international legal instruments, including the Convention on the Rights of the Child, form part of the national legal system. In addition, international norms take precedence over national law under Section 1 of the Declaration on the Restoration of Independence, and international treaties prevail over conflicting national legislation under Section 13 of the Law of 13 January 1994 on International Treaties. As such, the CRC can and has been directly enforced in national courts.
The Latvian Parliament (Saeima) maintains an official website in Latvian (http://www.saeima.lv/lv) and English (http://www.saeima.lv/en), which offers an extensive database of proposed and approved legislation in Latvian (http://titania.saeima.lv/LIVS11/saeimalivs11.nsf/webAll?OpenView) and an English translation of the Constitution (http://www.saeima.lv/en/legislation/constitution). Latvian legislation is also available via the World Law Guide (http://www.lexadin.nl/wlg/legis/nofr/oeur/lxwelat.htm) and in the International Labour Organization's NATLEX database (http://www.ilo.org/dyn/natlex/natlex_browse.country?p_lang=en&p_country=LVA). In addition, the Globalex initiative at New York University has published a guide to legal research in Latvia (http://www.nyulawglobal.org/globalex/latvia.htm), and both the U.S. Library of Congress (http://www.loc.gov/law/help/guide/nations/latvia.php) and World Legal Information Institute (http://www.worldlii.org/lv/) have assembled selections of relevant legal research and government websites.
CRC Jurisprudence
Please contact CRIN if you are aware of any cases in national courts that reference the Convention on the Rights of the Child.
The Latvian Constitutional Court (http://www.satv.tiesa.gov.lv/?lang=1) publishes its decisions online in Latvian and makes certain judgments available in English, as does the Latvian Supreme Court (http://www.at.gov.lv/lv/?lang=1).
In its 2006 Concluding Observations, the Committee on the Rights of the Child noted with appreciation Latvia's steps toward the development of a legal framework for the protection of children's rights. The Committee in particular welcomed the adoption and amendment of legislation, including changes to the Law on Protection of the Rights of the Child and the Law on Social Services and Social Assistance. The Committee remained concerned, however, “that there is a gap between law and practice, particularly in the areas of education, health care, juvenile justice and protection from violence.”
The Committee appreciated the establishment of Latvian institutional mechanisms focused on the rights of children, including the Ministry for Children and Family Affairs and the State Inspectorate for the Protection of Children’s Rights, but was concerned there was still a lack of coordination between the government agencies responsible for monitoring the Convention. The Committee also expressed serious concerns about discrimination against minority children, in particular Roma children, children with disabilities, and children living in rural areas.
Please contact CRIN if you are aware of any current legal reform projects.