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Summary: A compilation of extracts featuring child-rights issues from the reports submitted to the first Universal Periodic Review. There are extracts from the 'National Report', the 'Compilation of UN Information' and the 'Summary of Stakeholder's Information'. Also included is the final report and the list of accepted and rejected recommendations.
Lithuania - 12th Session - 2011 Scroll to: National Report 13. The Institution of the Ombudsman for Children's Rights has operated since 2000. The activities of the Ombudsman aim at improving the legal protection of the child, protecting the rights and lawful interests of the child, ensuring implementation of the rights and lawful interests of the child established in national legislation, and performing supervision and control over securing and protection of the rights of the child. Recommendations by the Ombudsman are intended not to punish persons who violated the rights and lawful interests of the child, but rather to prevent such violations by drawing the attention of persons to the adopted decisions and to their actions / omission, to identify their causes and ways to address problems and eliminate / prevent violations. The Ombudsman has the right to inform the authorities and other organizations about breaches of law, conflicts or gaps in legal / administrative acts, and to co-ordinate actions in dealing with the rights of the child. 15. The Office of the Inspector of Journalist Ethics has operated since 2001. Under the Law on the Provision of Information to the Public, the Inspector examines complaints of persons regarding breaches of their personal honour and dignity, violations of the right to privacy and in handling personal data in mass media. Under the Law on the Protection of Minors against the Detrimental Effect of Public Information, the Inspector examines complaints regarding violations of this law. In addition, it has the function of determining, based on expert opinions, whether public information provided in mass media instigates discord based on gender, sexual orientation, race, nationality, language, origin, social status, faith, beliefs or attitudes. The Inspector is also engaged in preventive work (warning portal editors about and asking to remove disclosed personal data of minors; submitting proposals to public authorities regarding due compliance with the law). 34. The Law on Education adopted in 2011 provides prerequisites for all citizens to enjoy equal opportunities to gain education and to compete on the labour market. Each citizen of Lithuania and each foreigner with the right of permanent or temporary residence in Lithuania are ensured instruction in and learning of the official language. State schools and municipal pre-school and general education establishments offer conditions for pupils belonging to national minorities to learn their native tongue additionally where there is a realistic need, a specialist of that language is available and the education process is conducted in a different language of instruction. 35. The provisions of Article 30 of the Law on Education, which will come into effect on 1 September 2011, define that comprehensive schools and schools of informal education shall create opportunities for learners belonging to national minorities to foster their national, ethnic and linguistic identity, and to learn their native language, history and culture. At comprehensive schools and schools of informal education whose regulations (statutes), at the request of parents / guardians / carers and learners, provide for teaching a national minority language or instruction in a national minority language, the teaching process may be conducted or some subjects may be taught in the language of the national minority. At those schools the subject of the Lithuanian language shall be part of the curriculum with at least the same amount of time allotted for its teaching as for teaching the native tongue. At this kind of schools: 1) the pre-school education curriculum shall provide at least four weekly hours for education in Lithuanian. Part of the pre-school curriculum, at the request of parents / guardians / carers, may be conducted in Lithuanian; 2) primary, basic, and secondary education curricula shall be conducted in the mode of bilingual education: in the language of the national minority and in Lithuanian. The primary education curriculum shall provide for integrated instruction in the Lithuanian language whereas under the basic and secondary education curriculum, Lithuanian shall be used to instruct curriculum themes on Lithuanian history and geography, exploring the world and basics of civil awareness; 3) at the request of parents / guardians / carers, Lithuanian may serve as the language of instruction for other subjects of primary, basic and secondary education curricula. 36. During the 2009-2010 study year, Lithuania had 153 comprehensive schools with the education process taking place in one or more national minority or foreign languages. In addition, the State supports non-abundant and scattered national minorities when setting up Saturday and Sunday schools (more than 40 operated in 2010). They teach the native tongue, introduce children to their national culture, traditions, history and cultural heritage. 37. Enshrining the culture and education of national minorities living in Lithuania, as one of the State's priorities, is established in the National Long-term Development Strategy and in the Lithuanian Cultural Policy Provisions approved by the Government. Around 300 NGOs of national minorities are engaged in extensive cultural activities in Lithuania. To enable preservation of identity, cultural and educational projects of national minorities are supported. 38. Lithuanian authorities promote ideas of tolerance. In 2007, the Department for National Minorities and Emigration established the nomination "For National Tolerance" awarded to journalists for dissemination of tolerance and for creation of a positive image of national minorities in the media. In 2011, this tradition was renewed by the Ministry of Culture. 40. Within the framework of the Roma Integration Programme 2000-2004, in 2001, Public Institution the Roma Public Centre was set up in Kirtimai offering informal education for children and youth, distance training for Roma youth and adults and courses of the official Lithuanian language as well as social and legal assistance. However, Roma integration into the Lithuanian society is a lasting and complicated process that requires integrated inter-institutional co-operation. 41. The Programme for Developing the National Minority Policy 2013-2021 drafted by the Ministry of Culture will replace the currently effective document, the Strategy for Developing the National Minority Policy up to 2015, and will ensure continuity of existing measures. The programme will be supplemented by two inter-institutional action plans (for national minorities and separately for Roma). The draft Inter-institutional Action Plan for Roma Integration into the Lithuanian Society 2013-2015 provides for a set of integrated and continuous measures focusing on fostering national identity, integration, reduction of social exclusion (developing education for Roma children, youth and adults; including Roma into the labour market; pooling of information on the living environment of Roma; communicating information to Roma about healthy lifestyles), promoting public tolerance and implementing anti-discrimination measures. 42. Lithuanian Civil Code stipulates that regulation of family legal relations within Lithuania shall be based on priority principles of protecting and defending the rights and interests of the child. 43. The major duty and responsibility for implementation of the rights and protection of the interests of the child falls on their parents and guardians/carers. However, public and municipal authorities are also in charge of protecting children's interests. 44. Being aware that successful protection of the rights of the child starts from prevention (strengthening and supporting families through reducing social exclusion and preventing separation of children from their parents and violence against and abuse of children), Lithuania seeks to reinforce preventive activities and to expand social services for children. On 1 July 2006, a Law on Social Services came into force. To improve accessibility of social services to children, the Description of the Procedure of Payment for Social Services stipulates that long-term social care for a child deprived of parental care and for a social risk child shall be provided without charge. Development of social services in municipalities and 556 full-time equivalents of social workers set up in municipalities in 2007 for dealing with social risk families along with annual growth in the numbers of these professionals (612.5 full-time equivalents in 2008 and 629.5 in 2009) have contributed to the drop in the count of social risk families. Social workers work in the local neighbourhoods, social service centres, family support councils and other municipal institutions, and apart from informing and providing advice on social assistance, they offer services of building and supporting social habits. 45. To reduce the social exclusion of families raising children, the Law on Social Assistance to Schoolchildren (2006) provides that pupils from low-income families shall receive free-of-charge catering and support to purchase schooling supplies. Municipalities are authorised to grant free-of-charge catering to pupils also in other cases decided by municipalities in view of the living conditions of families. 46. Under the Strategy of the National Policy on the Welfare of the Child, in 2007 the Government approved the Strategy for the Reorganization of the Child Guardianship / Care System and its action plan for 2007–2012. The aim of the strategy is to provide conditions for the child to grow in the biological family and to offer a child deprived of parental care proper guardianship / care or adoption opportunities in line with the best interests of the child and with their need to grow in a family or family-like environment and to duly prepare for independent life in a family and in the society. 47. The newly revised Regulations on Temporary Guardianship/Care of the Child (2007) solved the issue of appointing a statutory representative for the child when parents temporarily work in a foreign state. Parents planning temporary departure to a foreign state must apply to the municipal department for the protection of the rights of the child and name the person who could guard the child for the temporary period when the parents are outside Lithuania. 48. On 14 September 2009, a single telephone line for social services started operating in Lithuania. Harmonized across Europe, this single service, apart from offering children a chance to utter their problems and apply for emergency assistance, refers children to respective services that provide essential help. 49. In 2010, the Law on the Minimum and Average Care of the Child was revised to create a framework of measures for socialization, development and education of and extending other types of assistance to the child with behavioural problems that could help the child to overcome their formed ill behaviour and to develop the notions of meaningful individual and social life. 50. To mitigate the spread of violence against children and in continuation of existing programmes, the National Programme of Preventing Violence against Children and Assistance to Children 2011-2015, which covers all types and forms of violence, has been implemented. 51. Lithuania has been considering ratification of the 2007 Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse. The Ministry of Social Security and Labour has set up an inter-institutional working group to analyse the possibilities of implementing the Convention in Lithuania. 75. Under the Law on the Legal Status of Aliens, asylum seekers are not subject to liability for illegal entrance to and stay in Lithuania and they are not detained on those grounds. Article 114 of the Law provides that an alien cannot be detained for more than 48 hours without a court judgement, and afterwards the decision regarding detention of an alien shall be passed by a court, which may also apply measures alternative to detention. Under-aged aliens below eighteen may be detained only on exceptional grounds in the best interests of the child. 77. Unaccompanied under-aged aliens are granted temporary guardianship/care for their period of stay in the country. The temporary guardian/carer of the unaccompanied minor represents the interests of such minor. Unaccompanied minors are provided free-of-charge accommodation and are maintained by the state, they are entitled to studying at comprehensive and vocational schools, free healthcare, social services, legal assistance and contacting representatives of Lithuanian NGOs and international organizations. As soon as information about an unaccompanied minor comes in, a search for their family members is arranged. Unaccompanied minors are not subject to the "safe third country" or "manifestly unfounded claim" principles and their asylum applications are examined in the order of priority. 78. Integration of aliens granted asylum in Lithuania starts at the Refugee Registration Centre and continues on the territory of municipalities. It is offered on a needs basis. An alien who was granted asylum may receive integration support only once. Support at the Centre is available for eighteen months. Where during the defined period an alien who had been granted asylum failed to prepare for integration on the territory of the municipality for objective reasons, this period may be extended for up to twelve months. Where aliens who had been granted asylum belong to vulnerable groups, this period may be extended for up to eighteen months. For unaccompanied under-aged aliens, in the best interests of the child, the period of providing support at the Centre may be extended until they turn eighteen. 80. Fields of integration support include teaching of the official language, education, employment, accommodation, social security, healthcare and informing the public about integration of aliens. During the integration period of aliens granted asylum funds are allocated to the single settlement allowance, allowance for renting accommodation and paying for public utilities, monetary allowance to cover essential needs, Lithuanian language teaching, allowance for school-aged children to buy schooling supplies, to pay for the care of preschool-aged children at preschool establishments, benefits for children aged below three not attending a preschool establishment and to health insurance. 96. Prophylaxis and prevention programmes are run using the funds of the Compulsory Health Insurance Fund budget. Lithuania performs free-of-charge screening of vulnerable society groups (children and pregnant women). Based on the structure of prevalent diseases in Lithuania, separate prevention schemes for oncologic illnesses characteristic of men and women are run. 98. Currently, human rights issues are integrated into the general curricula for primary, basic and secondary education of Lithuanian comprehensive schools. Civic education, which forms the basis of human rights education, is implemented by Lithuanian comprehensive schools in the fields of formal (teaching activities) and informal (social activities) education. Human rights issues are included into university study programmes in law and training programmes for lawyers, prosecutors and police officers. Training programmes for professionals focus on the content of Lithuanian international obligations and the implementing Lithuanian legal provisions, issues pertaining to their interpretation and application. 102. Implementing the Programme, in 2009 and 2010 training sessions were delivered to civil servants, police officers and judges on equal treatment and non-discrimination, discussions with human rights NGOs were held, an information campaign on multiple discrimination was carried out, an informal education programme for target groups was developed, events promoting tolerance and exploration of other cultures were arranged, a survey on children's tolerance towards different social groups and on possible manifestations of discrimination in comprehensive schools was conducted. 103. Official publications regularly announce statistics on criminal acts committed to express hatred based on race, nationality, religion, language and sexual orientation. The current system of controlling illegal information on the Internet was analysed, conclusions and proposals were submitted to the Government. The Prosecutor General's Office developed methodological guidelines on criminal acts committed on racial, nationalistic, xenophobic, homophobic and other discriminative grounds and on specifics of pre-trial investigation. The Ministry of Social Security and Labour organized informal education for members of youth associations on nurturing tolerance and respect for a human being. An inter-institutional action plan 2012-2014 is currently being drafted to ensure continuity of the Anti-discrimination Programme. 106. Institutions dealing with protection of human rights in Lithuania, similarly to their international counterparts, have admitted that the public is insufficiently informed about certain aspects of human rights. Legal protection of personal data is one of the areas where awareness should be raised. The State Data Protection Inspectorate has established quite a few instances when privacy of victims of criminal acts, including children, was violated: not always is there awareness what information about the pre-trial investigation may be announced in the media and whether information posted by persons on social websites may be published. Furthermore, in practical terms the issue of balance between the duty of law enforcement authorities to ensure public security and the individual's right to security of electronic communications and data protection often lingers on the verge of ambiguity. 107. In search of more effective ways to address human rights problems, the broader issue of involving the civil society into public debate on human rights and into the related decision-making process is of special relevance. In this respect ensuring the freedom to receive and impart information, especially through the media (including the new types) is of utmost importance. A challenge for the State in this respect is to ensure that safeguarding the right to receive and impart information does not come into conflict with other human rights, i.e. to prevent publishing of information which violates the right to privacy (legal protection of personal data), is harmful to minors and instigates discord in the society. At present, however, Lithuania is facing a situation where the Office of the Inspector of Journalist Ethics, whose task is ensuring protection of human rights in the media, apart from conceptual problems of conflicts of human rights, has to address the issue of limited resources. 4. In 2011, UNESCO and CERD encouraged Lithuania to ratify the UNESCO's Convention against Discrimination in Education. 8. CAT recommended that Lithuania review its rules and provisions on the statute of limitations to ensure that they were fully in line with its obligations under the Convention. CRC recommended that Lithuania reconsider the limitation period for offences covered under OP-CRC-SC so that they commenced only after the child victim had reached the age of majority. 9. CRC urged Lithuania to review its legislation, in particular the Criminal Code, with a view to bringing it into full conformity with OP-CRC-SC, including by introducing definitions of child prostitution and child pornography. 10. CRC noted that the national legislation in some areas, inter alia, protection from violence, corporal punishment, physical and psychological recovery, and reintegration of the child victim, had still not been brought into conformity with the Convention. 17. In 2010, the ILO Committee of Experts noted the Programme on the Prevention and Control of Trafficking in Humans 2009–20012 and hoped that it would address preventive and awareness-raising initiatives. CRC welcomed the adoption and implementation of the Programme for the Prevention and Control of Trafficking in Human Beings (2005–2008), and the National Programme for Prevention of Violence against Children and Assistance for 2005–2007 and 2008–2010. 18. CRC was concerned that there was no specific plan of action in relation to the sale of children, child prostitution and child pornography, and recommended that Lithuania develop a national plan of action aimed at addressing comprehensively all the issues covered by OP-CRC-SC. 27. CRC reiterated its concern that the principle of non-discrimination was not fully implemented for children living in vulnerable families and institutions, children with disabilities, Roma children, refugee and asylum-seeking children and children living in rural areas, in particular with regard to their access to adequate health and educational facilities. 31. CAT remained concerned at allegations of ill-treatment of conscripts in the army. CRC was concerned that Lithuania could engage children under 18 in military activities. 35. CRC was concerned at the information that children under 18 years, in particular adolescent girls in special boarding schools, special child-education and care homes, or socially at-risk families very often became victims of trafficking in human beings, prostitution and pornography. 37. CRC reiterated its concern at the acute problem of violence against children and abuse within families, which was one of the most serious obstacles to the full implementation of child rights in Lithuania. 38. CRC recommended that Lithuania strengthen its measures to effectively protect children from being exposed to violence, racism and pornography through mobile technology, video movies and games and other technologies, including the Internet. 39. CRC remained concerned at the continued use of corporal punishment, in particular within the family, due to the generally tolerant attitude towards this practice and recommended that Lithuania explicitly prohibit corporal punishment in the family and implement existing prohibitions. 40. CESCR was concerned about the problem of street children in Lithuania, as well as the lack of information about children placed in institutions. 43. CAT remained concerned at reports of prolonged pretrial and administrative detention of both minors and adults and the high risk of ill-treatment which it entailed, and regretted the lack of use of alternatives to imprisonment. 45. CRC recommended that Lithuania consider taking measures to extend its universal jurisdiction to cover all the offences referred to in OP-CRC-SC and to abolish the requirement of dual criminality. 46. CRC recommended that Lithuania continue to strengthen its measures, including legislation, to protect the rights and interests of child victims and witnesses of the offences prohibited under OP-CRC-SC, at all stages of the criminal justice process. 47. CRC urged Lithuania to take all possible measures to avoid stigmatization and social marginalization of child victims of the offences covered by OP-CRC-SC. 48. CRC was concerned at the lack of courts with specialized juvenile judges and that judges and lawyers lacked appropriate training for the application of the Convention. CRC also regretted that children could be detained for a long period of time in police stations 49. CRC noted the lack of clarity on the legal minimum age of sexual consent as there was no provision to this effect in domestic legislation. 52. CRC remained concerned that institutionalization was prioritized as a form of alternative care, and that the foster-care system was insufficiently regulated and resourced. 57. In 2009, the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression together with the Special Rapporteur on the situation of human rights defenders sent an urgent appeal to the Government of Lithuania regarding the adoption of the Law on the Protection of Minors against the Detrimental Effect of Public Information. The Law sought to ban public dissemination of information considered harmful to the mental health or the intellectual and moral development of minors. Concern was expressed that the aforementioned legislation could result in limiting the right of freedom of expression in Lithuania. Further concern was expressed that the law could be applied to limit the legitimate work of human rights defenders, particularly those working to defend the rights of lesbian, gay, bisexual and transgender (LGBT) people in the country. The Government sent a detailed response. 61. CRC noted with concern the high number of children living in households below the national poverty line, and that financial assistance and support had not always kept pace with economic growth. 63. CRC was concerned about the frequency of unplanned pregnancies and abortions among adolescents and noted the limited availability of programmes and services in schools in the area of adolescent health. CRC was also concerned at information that abortion was used as a primary method of family planning. 64. CRC expressed concern at the limited access to clean and safe drinking water in the country. It also remained concerned at the number of cases of tuberculosis and of children suffering from iodine deficiency, as well as the low exclusive-breastfeeding rate in the country. The Committee recommended that the Government strengthen its efforts to improve the health situation of children, including through the promotion of healthy feeding practices and exclusive breastfeeding for six months after birth, with the addition of an appropriate infant diet thereafter. 65. CRC reiterated its concern that children with disabilities living in rural areas did not have access to the same level of services and medicines as children living in other parts of the country. Furthermore, it was concerned at the number of children with disabilities who were institutionalized and the general lack of resources and specialized staff for these children. 68. CRC recommended that Lithuania improve the efficiency of the educational system, paying particular attention to the high dropout rates; strengthen support to children in rural communities, minority groups and risk-group families so that these children can attend school; and improve access to preschool education throughout the country, including to children living in rural areas. 69. CERD recommended that Lithuania resolutely address the problemof Roma children dropping out of school, and promote Roma language in the school system. 76. CRC was concerned about reports that children seeking asylum were detained and that they shared facilities with undocumented migrants. It recommended that Lithuania identify at the earliest possible stage refugee, asylum-seeking and migrant children entering Lithuania who may have been recruited or used in hostilities abroad, and take all necessary measures to ensure that the return of a child to his/her country of origin is only arranged when it was in the best interests of the child. 77. CERD expressed concern regarding the high number of stateless persons in the country. CRC reiterated its concern that children born to stateless persons who had no right of permanent residence in Lithuania did not automatically obtain a nationality. 78. In 2011, UNHCR stated that the 2010 amendment to the Law on Citizenship guaranteed that children born to stateless parents who were permanently resident on Lithuanian territory acquired Lithuanian citizenship at birth. The amended law does not ensure that all children acquired a nationality at birth. In particular, the safeguards in the Law do not address the situation of children born to stateless persons who are not permanent residents in Lithuania or whose parents possess a nationality, but could not confer it on their children. 83. For election to the Human Rights Council, Lithuania pledged the following, among others: (b) Continue to implement activities to improve the national human rights situation; give particular attention to the welfare of children, the fight against trafficking in human beings and assisting the victims of this criminal activity; ensure equal opportunities for women and men; improve conditions in the penitentiary; and address issues of corruption; 5. JS1 noted the existence of a number of independent institutions such as the Equal Opportunity Ombudsperson Office, the Children's Ombudsperson, and the Inspector for Journalists' Ethics. It noted however that none of the institutions had a sufficiently broad human rights mandate and did not fulfil requirements to be accredited as a National Human Rights Institution. Joint Submission 5 (JS5) encouraged the Equal Opportunities Ombudsperson to be more proactive in combating discrimination and initiating political debate on LGBT rights. 9. Joint Submission 2 (JS2) indicated that since 2005 a National Programme for Prevention of Violence against Children and Assistance for Children was being implemented. It provided for abuse prevention programmes, victim support and other protection measures. 10. Joint Submission 6 (JS6) noted the Child Health Promotion Program for 2008-2012 in which children's early sexual relations and pregnancy were identified as particularly serious concerns. However, the plan contained no specific measures that would improve adolescent sexual reproductive health. JS6 also noted the Strategy of the State Policy on Child Welfare for 2005–2012, but expressed concern that it did not help teenagers to deal with issues concerning their sexual and reproductive health. 11. Joint Submission 4 (JS4) highlighted the Programme of the Integration of Roma in Lithuanian Society for 2008-2010, which was aimed at improving Roma unemployment and education, reduction of poverty and fighting social exclusion. However, the programme received only 16 per cent of its initial budget and was discontinued in June 2010. The main institution responsible for its implementation, the Department of National Minorities, was dissolved and ceased to exist. 16. The European Committee for the Prevention of Torture and Inhuman or Degrading treatment or Punishment (CPT) reported on allegations of physical ill-treatment during questioning by officers of the criminal police. It appeared that juveniles were particularly at risk in this respect. CPT further noted that some persons alleged ill-treatment of a psychological nature, such as verbal abuse or threats to use violence. A few allegations were received concerning the excessive use of force at the time of apprehension, after the person concerned had been brought under control. CPT called upon Lithuania to redouble efforts to combat ill-treatment by the police and recommended that police officers be reminded, at regular intervals, that all forms of ill-treatment of persons deprived of their liberty were not acceptable and would be the subject of severe sanctions. Regarding allegations of ill-treatment inflicted by staff at some of the prisons, CPT recommended that a clear message be delivered that all forms of ill-treatment of prisoners were unacceptable and would be dealt severely. CPT recommended that Lithuania pursue efforts to address the problem of inter-prisoner violence. 21. JS2 stated that police officers and prosecutors lacked competence and specialized knowledge in treating victims of sexual abuse. It added that the police treated victims as criminals. It also indicated that residential institutions as well as social risk families failed to report missing children. JS2 noted the lack of institutional competence to recognize child abuse and evaluate risks. It indicated that only NGOs incidentally developed guidelines for multi-disciplinary cooperation in child abuse cases. JS2 stated that continuous long-term financing was necessary to provide effective victim support. It was concerned that many of victims did not know what help they were entitled to and how to get it. 22. The Global Initiative to End All Corporal Punishment of Children (GIECPC) noted with concern that corporal punishment was lawful in the home and that there was no explicit prohibition of corporal punishment in schools and alternative care settings. It added that in the penal system corporal punishment was unlawful, but was concerned that there was no explicit prohibition in law. 26. JS2 noted that in recent years important achievements were made to improve the conditions of children in legal procedures. It highlighted existing gaps in the system, e.g. there were no specialized judges, prosecutors and police officers, dealing with child abuse cases and criminal investigations were implemented by criminal police officers dealing with all kinds of violent crimes with young and adult victims. 27. JS2 stated that forensic interviews were one of the core procedures in legal proceedings. It noted that Article 186 of the Penal Procedures Code stated that juveniles were interviewed once; the judge could forbid participation of the suspect in a child's interview, if his/her participation could affect the child; a child could be interviewed in a separate environment from other process participants. It noted however that the provisions of this article were not sufficient. In 2002, 2008 and 2009 the General prosecutor issued orders regulating legal procedures related to children victims and witnesses. Unfortunately, these regulations had not been implemented properly. 28. CPT noted that if the criminal suspect was a juvenile, the parents had to be notified immediately, even when the juvenile did not request this. However, it appeared that in practice parents were usually notified after the "protocol of apprehension" was drawn up. CPT recommended that steps be taken to ensure that juveniles did not make any statement or sign any document relating to the offence of which they were suspected without the benefit of a lawyer and ideally a trusted adult being present to assist them. 29. CPT was concerned to observe that a juvenile remand prisoner at Šiauliai City Police Headquarters had been kept in a cell together with two adults for over a week. As previously stressed by CPT, such a situation was unacceptable. CPT reiterated its recommendation that immediate steps be taken to ensure that juveniles placed in police detention facilities were accommodated separately from adult detainees. 31. JS3 noted that in June 2008, the Parliament adopted the Conceptual Framework for National Family Policy. It stated that this Framework provided for a concept of family limited to married heterosexual couples with children. Such a narrow perception of the family embodied a systematic discrimination against cohabitating couples with children, single parents and homosexual families. Moreover, it did not provide equal legal protection for children born out of wedlock and had a negative impact on women's enjoyment of their human rights in marriage and family relations. Since 2008 Parliament had initiated a number of legal acts relying on the provisions of this Framework and consequently reinforced stigmatization, exclusion and discrimination of persons beyond the restricted concept of family definition. It noted that the Law on Partnership had not been adopted yet and thus, cohabitating couples, both heterosexual and homosexual, could not legally register their civil partnership. As a result, legal acts such as property regulations, social benefits and child adoption, provided different treatment to persons in marriage and cohabitating partners. 33. Amnesty International (AI) indicated that the 2010 Law on the Protection of Minors against the Detrimental Effect of Public Information classified as detrimental to children any information which "denigrated family values" or encouraged a concept of marriage other than the union of a man and a woman, and consequently banned such information from places accessible to children. AI was concerned that the law could be used to restrict freedom of expression of lesbian, gay, bisexual and transgender people (LGBTs) and advocates for their rights. AI called on Lithuania to revise this law to remove all possibilities of it being applied in a manner that stigmatised or discriminated against LGBTs or violated their rights to freedom of assembly and expression; and to refrain from legislative initiatives which would criminalize homosexual relations. 41. JS6 noted that there was no unanimous national strategy or program for sexual and reproductive health care especially with respect to young people. JS6 added that reproductive health services were integrated in the health care system and the issues assigned to this area (such as safe motherhood, child health, prevention of spread of HIV/AIDS, sexually transmitted diseases, cervical cancer, breast cancer prevention) were included in the appropriate programs. However, at present none of the programs were adapted to the needs of adolescent girls and boys. JS6 stated that adolescents were particularly in need of such services because health care services were provided to patients under the age of 16 only with the consent of his or her statutory representatives. JS6 recommended that Lithuania introduce advanced and evidence based reproductive health education programs, develop and implement a national sexual and reproductive health strategy and policy, guarantee sexual and reproductive health services and that every effort be made to facilitate the availability of such services. It also recommended that Lithuania adequately introduce in the national law the right to health of children in compliance with CRC. 42. JS4 stated that human rights education was not considered as important in Lithuania. It referred to a 2010 research showing that almost 50 per cent of teachers considered that schools paid insufficient attention to the issues of social and cultural diversity and respect for human rights. More than one third of students claimed that they had never engaged in activities aimed at multicultural awareness, and there had been insufficient attention for issues such as social and cultural differences and respect for human rights. It also added that current textbooks continued to reproduce stereotypical views on gender roles, and replicated prejudice on different ethnic groups or nationalities. Accepted and Rejected Recommendations The following recommendations were accepted: A - 88.12. Continue to strengthen measures to protect the rights of child victims (Iran); A - 88.13. Adopt more effective measures ensuring that all children throughout the Lithuanian territory enjoy all rights, without discrimination, in line with article 2 of the Convention on the Rights of the Child (Uruguay); A - 88.14. Undertake more effective measures to address the problems of sexual abuse and violence against women and girls (Afghanistan); A - 88.35. Facilitate access to social and health services as well as to education for children belonging to more vulnerable groups (Uruguay); A - 88.36. Address the problem of Roma children dropping out of school, and promote the Roma language in the school system (Iran); A - 88.37. Explicitly prohibit corporal punishment in the family and implement existing prohibitions (Romania); A - 88.38. Establish emergency measures aimed at integrating Roma children in regular schools and solve the problem of the drop-out rate of these children (Uruguay); A - 89.19. Look at how to reduce its dependence on institution-based care for children (Ireland); A - 89.20. Reinforce the measures to protect the rights and interests of children victims and witnesses of offences prohibited by the Optional Protocol to the Convention on the rights of the Child relating to the sale of children, child prostitution and child pornography, in line with CRC recommendations (Chile); A - 89.40. Through its National Strategy for Combating Violence against Women, further seek to address violence proactively by seeking to influence attitudes and behaviours, in particular through the active involvement of men and boys (Finland); A - 89.44. Provide awareness training in the area of victim abuse for those public servants such as police, prosecutors and judges, who most frequently come into contact with victims of gender-based violence in the course of their work, to assist in their understanding of the impact such violence has on its victims, and also other family members in particular children (Ireland); A - 89.50. Move to increase monitoring and enforcement of its system of child protection, building on its recent commendable amendments to the criminal code which tightened penalties for child molestation, with the aim of decreasing the level of child physical and sexual abuse and neglect (Canada); The following recommendations were rejected: No rejected recommendations. The following recommendations were left pending: P - 90.10. Review the Law on the Protection of Minors against the Detrimental Effect of Public Information in order to remove all possibilities that this law may be applied in such a way to stigmatize or discriminate against Lesbian, Gay, Bisexual and Transgender people or to breach their rights to freedom of assembly or expression (Belgium); P - 90.11. Introduce necessary measures to ensure full respect of human rights for all, including for Lesbian, Gay, Bisexual and Transgender people, by reviewing the Law on the Protection of Minors against the Detrimental Effect of Public Information (Switzerland); P - 90.20. Intensify efforts to combat trafficking in person inter alia by renewing individual invitations to the Special Rapporteur on trafficking in persons and the Special Rapporteur on the sale of children, child prostitution and child pornography. Bring the criminal law into full conformity with the provisions of the Optional Protocol to the Convention on the Rights of the child relating to sale of children, child prostitution and child pornography (Belarus);
11th October 2011, 9am to 12pm
UN Compilation
Stakeholder Compilation
Accepted and Rejected Recommendations
and detention centres before trial.