LITHUANIA: Persistent violations of children's rights

Summary: The violations highlighted are those issues raised with the State by more than one international human rights mechanism. This is done with the intention of identifying children's rights which have been repeatedly violated, as well as gaps in the issues covered by NGOs in their alternative reports to the various human rights monitoring bodies. These violations are listed in no particular order.

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Violence against children, particularly domestic violence
UN Committee on the Rights of the Child (Concluding Observations, March 2006)

While welcoming the 2005-2007 National Programme for the Prevention of Child Abuse and for the Assistance for Children, the Committee reiterates its concern at the acute problem of violence against children and abuse within families which is one of the most serious obstacles to the full implementation of child rights in Lithuania. The Committee is also concerned about the lack of data, appropriate measures and mechanisms to address the problem.

The Committee urges the State party to:

(a) Strengthen awareness-raising and education campaigns with the involvement of children in order to prevent and combat all forms of child abuse;
(b) Increase its support to and collaboration with the toll-free national helpline and thereby ensure that the helpline reaches more children by: extending hours to a 24-hour daily service with a 3-digit toll-free number, raising awareness amongst children, allocating resources to the marginalised child, and including greater child participation in the development of programmes;
(c) Strengthen measures to encourage reporting of instances of child abuse, including by giving opportunities to this end to children in alternative care, and to prosecute the perpetrators of these acts; and
(d) Continue to provide care, full physical and psychological recovery and social reintegration for child victims of violence.

In the context of the Secretary-General’s in-depth study on the question of violence against children and the related questionnaire to Governments, the Committee acknowledges with appreciation the written replies of the State party and its participation in the Regional Consultation for Europe and Central Asia held in Ljubljana, Slovenia, from 5 to 7 July 2005. The Committee recommends that the State party use the outcome of this regional consultation in order to take action, in partnership with civil society, to ensure the protection of every child from all forms of physical or mental violence and to generate momentum for concrete and, where appropriate, time-bound actions to prevent and respond to such violence and abuse. (Paragraphs 43 to 45)

UN Committee on the Rights of the Child (Concluding Observations on OPSC, October 2008)

The Committee is deeply concerned at the information in the State party report that: “Children under 18 years of age, in particular adolescent girls living in special boarding schools, special child-education and care homes, governmental and non-governmental child-care homes, or social at-risk families, very often become victims of trafficking in human beings, prostitution and pornography”. (paragraph 18)

The Committee, while acknowledging the active measures taken by the State party against trafficking in children and child prostitution, in close cooperation with the Council of the Baltic Sea States (CBSS), is concerned that, according to the State party report, “there were no instances of international legal cooperation in relation to criminal activities covered by the Optional Protocol”.

The Committee recommends that the State party take all necessary measures to strengthen international cooperation by multilateral, regional and bilateral arrangements for the prevention, detection, investigation, repatriation, prosecution and punishment of those responsible for acts involving the sale of children, child prostitution, child pornography. (Paragraphs 31 and 32)

UN Human Rights Committee
Last reported: 10 and 11 July 2012
Concluding Observations published: 31 August 2012

While noting the recent enactment of the Law on Protection against Domestic Violence, the Committee remains concerned at the high prevalence of violence, in particular domestic violence, against women, and the absence of effective measures to protect victims thereof (art. 2).

The State party should allocate sufficient resources to ensure the effective implementation of the Law on Protection against Domestic Violence and the National Strategy for Combating Violence against Women, and should guarantee the availability of a sufficient number of safe and adequately funded shelters as well as legal aid to the victims of such violence. (Paragraph 6)

Reported: 24 and 25 March 2004
Concluding Observations adopted: 1 April 2004

The Committee is concerned that incidents of domestic violence against women and children are rising. While noting the efforts made by the State party to combat domestic violence, including the National Equal Opportunities Programme and the Action Plan on Violence against Children, the Committee notes that there is no special legislation relating to domestic violence within the legal system (arts. 3 and 7).

The Committee urges the State party to:

(a) Introduce restraining orders as a means of protecting women and children from violent family members.

(b) Provide shelters and other support for victims of domestic violence and take measures to encourage women to report domestic violence to the authorities, and to make police officers more sensitive in their handling of allegations of domestic violence, including rape and its psychological impact on the victim. (Paragraph 9)

UN Committee against Torture
Last reported: 4 and 5 November 2008
Concluding Observations published: 19 January 2009

The Committee notes various measures undertaken by the State party, including the approval of the Government on 22 December 2006 of a long-term State Strategy on the Reduction of Violence against Women and a Plan of Implementing Measures 2007-2009. However, the Committee expresses its concern about the high prevalence of violence against women and children, including domestic violence, and it regrets the absence of a definition of domestic violence in national legislation and that such violence is not recognised as a specific crime. The Committee also regrets that the number of crisis centres, which have mostly been established and are operated on the initiative of NGOs, is insufficient due to lack of financial governmental support. While noting that territorial police establishments have started collecting, accumulating and analysing data related to domestic violence, the Committee regrets the lack of State-wide statistics on domestic violence and that statistical data on complaints, prosecutions and sentences in matters of domestic violence were not provided. (arts. 1, 2, 12 and 16)

The Committee urges the State party to:

(a) Allocate sufficient financial resources to ensure the effective implementation of the State Strategy on the Reduction of Violence against Women and to closely monitor the results achieved.

(b) Adopt a specific type of criminal offence for domestic violence.

(c) Participate directly in rehabilitation and legal assistance programmes and ensure that all women who are victims of domestic violence have access to a sufficient number of safe and adequately funded shelters.

(d) Conduct broader awareness campaigns for officials (judges, law officers, law-enforcement agencies and welfare workers) who are in direct contact with the victims.

(e) Strengthen its efforts in respect of research and data collection on the extent of domestic violence, including its prevalence, causes and consequences. (Paragraph 20)

Universal Periodic Review (October 2011)

A - 88.14. Undertake more effective measures to address the problems of sexual abuse and violence against women and girls (Afghanistan); (accepted)

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); (accepted)
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); (accepted)
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Corporal punishment
UN Committee on the Rights of the Child (Concluding Observations, March 2006)

While welcoming the commitment from the State party during the dialogue to prohibit corporal punishment in the family, the Committee remains concerned at the continued use of corporal punishment, in particular within the family, due to the generally tolerant attitude towards this practice.

The Committee recommends that the State party:

(a) Explicitly prohibit corporal punishment in the family and implement existing prohibitions;
(b) Conduct a comprehensive study to assess the causes, nature and extent of corporal punishment as well as an evaluation of the impact of measures undertaken so far by the State party to reduce and eliminate corporal punishment; and
(c) Develop measures to raise awareness on the harmful effects of corporal punishment with a view to changing the general attitude towards this practice and promote positive, non-violent, participatory forms of childrearing and education. (Paragraphs 37 and 38)

UN Human Rights Committee
Last reported: 10 and 11 July 2012
Concluding Observations published: 31 August 2012

While noting the recently adopted Law on the Protection Against Domestic Violence and further noting the intention of the State party to enact the necessary legislation to address this issue in other settings, the Committee is nevertheless concerned that corporal punishment is currently not explicitly prohibited by law in schools, penal institutions, and in alternative care settings (art. 7).

The State party should take practical measures to put an end to corporal punishment in all institutional settings. (Paragraph 10)

Universal Periodic Review (October 2011)

A - 88.37. Explicitly prohibit corporal punishment in the family and implement existing prohibitions (Romania); (accepted)
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Trafficking of children
UN Committee on the Rights of the Child (Concluding Observations, March 2006)

While welcoming the Programme for the Prevention and Control of Trafficking in Human Beings for 2005-2008 and recent amendments in the national penal code, the Committee is concerned at the information that a high number of children under 18, especially adolescent girls, are still being trafficked for the purpose of sexual exploitation.

The Committee recommends that the State party further strengthen its efforts to identify, prevent and combat trafficking in children for sexual and other exploitative purposes, including by undertaking studies to assess the nature and magnitude of the problem and allocating sufficient resources to the field. Furthermore, the Committee recommends that the State party:

(a) Provide adequate and systematic training to all professional groups concerned, in particular law enforcement officials;
(b) Launch awareness-raising campaigns for children, parents and other caregivers in order to prevent trafficking, sexual exploitation and pornography involving children, and sensitise officials working with and for victims of trafficking;
(c) Consider establishing a public care home for the victims of trafficking; and
(d) Provide adequate programmes of assistance, psychosocial recovery and reintegration for sexually exploited and/or trafficked children in accordance with the Declaration and Agenda for Action and the Global Commitment adopted at the First and Second World Congresses against Commercial Sexual Exploitation of Children. (Paragraphs 66 and 67)

UN Human Rights Committee
Last reported: 10 and 11 July 2012
Concluding Observations published: 31 August 2012

While noting the various programmes implemented by the State party to combat trafficking in human beings, including through international cooperation, and to support victims of trafficking, the Committee is concerned at the continued existence of this problem in the State party, and in particular by information that children under 18 years of age, in particular adolescent girls living in boarding schools, special child-education and care homes, governmental and non-governmental child-care homes, and those in risk families, very often become victims of trafficking (art. 8).

The State party should continue its efforts to combat trafficking of human beings and balance its criminal response with protection measures for victims. It should pay particular attention to preventing sexual exploitation of children in this regard. The State party should, furthermore, expand its cooperation with other States in eliminating trafficking across national borders. Lastly, it should evaluate the impact of its programmes with a view to addressing the root causes of the problem. (Paragraph 11)

Reported: 24 and 25 March 2004
Concluding Observations published: 1 April 2004

he Committee is concerned at the situation regarding trafficking in persons, in particular the low number of criminal proceedings instituted for documented cases of trafficking (arts. 3 and 8).

The Committee urges the State party to:

(a) Reinforce measures to combat trafficking of women and children and impose sanctions on those who exploit women for such purposes.

(b) Protect women who are victims of trafficking to enable them to seek refuge and testify against the persons responsible in criminal or civil proceedings.

(c) Cooperate with other States in eliminating trafficking across national borders. (Paragraph 14)

UN Committee against Torture
Last reported: 4 and 5 November 2008
Concluding Observations published: 19 January 2009

The Committee recognises the existence of legislative and other measures to address trafficking in women and children, including for sexual exploitation purposes, such as the Programme for the Prevention and Control of Trafficking in Human Beings for 2005-2008, the establishment, in 2006, of a specialised Department of Investigation of Trafficking in Human Beings at the Police Department under the Ministry of Internal Affairs and the ratification, in 2003, of the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organised Crime. However, the Committee is concerned about persistent reports of cross-border trafficking in women for sexual and other exploitative purposes and it regrets the low number of prosecutions in this respect. The Committee also regrets that the State party does not have an effective system in place to monitor and assess the extent and impact of or to address this phenomenon effectively. (arts. 2, 10 and 16)

The Committee urges the State party to:

(a) Continue to take effective measures to prosecute and punish trafficking in persons, including through the strict application of relevant legislation.

(b) Conduct nationwide awareness- raising campaigns,

(c) Provide adequate programmes of assistance, recovery and reintegration for victims of trafficking

(d) Conduct training for law enforcement officials, migration officials and border police on the causes, consequences and incidence of trafficking and other forms of exploitation. (Paragraph 21)

Universal Periodic Review (October 2011)

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); (pending)
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Inequality and discrimination affecting children from Roma backgrounds, particularly with regards to education
UN Committee on the Rights of the Child (Concluding Observations, March 2006)

The Committee reiterates its concern at the fact that the principle of non-discrimination is not being fully implemented for children living in vulnerable families and in 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.

The Committee recommends that the State party take more effective measures to ensure that all children within its jurisdiction enjoy all the rights enshrined in the Convention without discrimination, in accordance with article 2 of the Convention, by effectively implementing the existing laws which guarantee the principle of non-discrimination. The Committee also recommends that the State party prioritise social and health services and equal opportunities to education for children belonging to the most vulnerable groups.

Furthermore, the Committee requests that specific information be included in the

Next periodic report on the measures and programmes relevant to the Convention on the Rights of the Child undertaken by the State party to follow up on the Declaration and Programme of Action adopted at the 2001 World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, also taking into account the Committee’s general comment No. 1 (2001) on article 29, paragraph 1, of the Convention (aims of education) (CRC/GC/2001/1) and general comment No. 4 (2003) on adolescent health (CRC/GC/2003/4). (Paragraphs 26 to 28)

The Committee is also concerned that there exists discrimination regarding access to education by ethnic and/or national minorities, especially Roma, and that other marginalised groups of children, including children with disabilities, as well as children in the socially and economically vulnerable families face difficulties of access to schooling.

The Committee recommends that the State party:

(a) Take all necessary measures to ensure that articles 28 and 29 of the Convention are fully implemented, in particular with regard to children belonging to the most vulnerable groups (i.e. Roma children, those living in poverty, children with disabilities, etc.); (Paragraphs 54 and 55)

UN Committee on the Elimination of Racial Discrimination
Last reported: 2 and 3 March 2011
Concluding Observations published: 10 March 2011

The Committee notes the State party's efforts to ensure that the education of Roma children is improved. However, it regrets the absence of statistics on the number of Roma children completing secondary education and the placement of Roma children in special- needs schools (art. 5).

The Committee recommends the State party:

(a) Increase its efforts in ensuring that Roma children integrate in the mainstream schools, resolutely address the problem of Roma children dropping out of school and promote Roma language in the school system.

(b) Establish a mechanism to accurately assess the number of Roma children pursuing education at the secondary level and above.

(c) Provide in its next periodic report additional information on the decision-making procedure relating to the placement of Roma children in special-needs schools and on measures undertaken by the State party to provide incentives to Roma parents to send their children to school. (Paragraph 16)

UN Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance
Country visit: 16 to 28 September 2007
Report published: 7 February 2008

In education, the Roma community has the lowest attainment rates, which was considered by local leaders as a matter of serious concern, especially when one considers that almost 50 per cent of Roma citizens are youth […] Roma children are often subject to prejudice once they start regular schools, pointing to the lack of multicultural training for both teachers and pupils in these schools. Roma children have higher drop-out rates than any other minority, as well as poorer educational achievement. (paragraph 57)

Universal Periodic Review (October 2011)

A - 88.36. Address the problem of Roma children dropping out of school, and promote the Roma language in the school system (Iran); (accepted)
A - 88.37. Explicitly prohibit corporal punishment in the family and implement existing prohibitions (Romania); (accepted)

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); (accepted)
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Discrimination against LGBT children and restrictions on related freedom of expression
UN Human Rights Committee
Last reported: 10 and 11 July 2012
Concluding Observations published: 31 August 2012

The Committee is concerned that certain legal instruments such as the Law on the Protection of Minors against the Detrimental Effect of Public Information (art. 7) may be applied in a manner unduly restrictive of the freedom of expression guaranteed under the Covenant and may have the effect of justifying discrimination against lesbian, gay, bisexual and transgender (LGBT) individuals. The Committee is furthermore concerned at various legislative proposals, including amendments to the Code of Administrative Offences, the Constitution, and the Civil Code which, were they to be adopted, would impact negatively on the enjoyment of fundamental rights by LGBT individuals. The Committee is also concerned at the increasing negative attitudes against, and stigmatisation of, such persons in society, which has manifested itself in instances of violence and discrimination, and at reports of reluctance on the part of police officers and prosecutors to pursue allegations of human rights violations against persons on the basis of their sexual orientation or gender identity (arts. 2, 19 and 26).

The State party should take all necessary measures to ensure that its legislation is not interpreted and applied in a discriminatory manner against persons on the basis of their sexual orientation or gender identity. The State party should implement broad awareness-raising campaigns, as well as trainings for law enforcement officials, to counter negative sentiments against LGBT individuals. It should consider adopting a targeted national action plan on the issue. The Committee, finally, recalls the obligation of the State party to guarantee all human rights of such individuals, including the right to freedom of expression and the right to freedom of assembly. (Paragraph 8)

Universal Periodic Review (October 2011)

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 stigmatise or discriminate against Lesbian, Gay, Bisexual and Transgender people or to breach their rights to freedom of assembly or expression (Belgium); (pending)

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); (pending)
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Inadequate sexual and reproductive health care and education
UN Committee on the Rights of the Child (Concluding Observations, March 2006)

The Committee is concerned about the frequency of unplanned pregnancies and abortions among adolescents and notes the limited availability of programmes and services in the area of adolescent health at school. The Committee is also concerned at information that abortion is used as a primary method of family planning. Furthermore, the Committee is concerned at the high number of children who consume drugs and alcohol in the State party. While noting the programme on prevention of suicides, the Committee notes with concern the high suicide rate among adolescents.

The Committee recommends that the State party:

(a) Strengthen its reproductive health education programme(s) for adolescents in order to prevent adolescent pregnancy and the spread of HIV/AIDS and other STDs. Such programmes should provide access to sexual and reproductive health services, including family planning, contraception and adequate and comprehensive obstetric care and counselling;
(b) Intensify its measures to raise awareness about and prevent suicide among adolescents, including by providing adequate resources to the implementation of the programme on prevention of suicides, and continue to improve the quality and capacity of child psychiatry in the country, paying special attention to mental health provisions, both preventive and interventional;
(c) Strengthen measures to address the problem of alcohol consumption and drug abuse among children and implement the projects in this area; and
(d) Pay due attention to the Committee’s general comment No. 4 (2003) on adolescent health (CRC/GC/2003/4). (Paragraphs 50 and 51)

UN Committee on the Elimination of Discrimination against Women
Last reported: 2 July 2008

While noting that some efforts were undertaken by the State party in the area of reproductive health, including the publication and dissemination of booklets on sexual education and reproductive rights, the Committee remains concerned at the remaining high rate of abortion and the limited access of girls and women to methods of family planning, including contraceptives, especially among women in rural areas. In this respect, the Committee expresses its concern at the information that more than half of young women between 15 and 25 years of age do not use any contraceptives and that sexual education is not mandatory in schools. The Committee is deeply concerned at the draft law on the protection of human life in the prenatal phase, which stipulates only three situations in which abortion would be lawful within very strict time-limits. Since, according to the draft law, abortion under circumstances apart from the three situations may be considered a punishable offence under Lithuanian law, the Committee is concerned that the adoption of such a law may lead women to seek unsafe illegal abortions, with consequent risks to their health and lives and contribute to a rise in maternal mortality.

The Committee calls upon the State party to:

(a) Strengthen measures aimed at ensuring women's right to decide freely and responsibly on the number and spacing of their children according to article 16, paragraph 1 (e), of the Convention and thus at prevention of unwanted pregnancies.

(b) Make a wide array of family planning methods, such as a comprehensive range of contraceptives, including emergency contraception, more widely available and affordable, to provide mandatory sexual education in schools and to increase knowledge and awareness about family planning among women as well as men.

(c) Ensure that the draft law is in line with the Convention and accordingly will not lead to women seeking unsafe medical procedures, such as illegal abortion, which may seriously risk their health and lives. (Paragraphs 80 and 81)
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Inappropriate treatment of asylum-seeking and refugee children
UN Committee on the Rights of the Child (Concluding Observations, March 2006)

The Committee is concerned about reception conditions for families and in particular children seeking asylum in Lithuania. The Committee is also concerned about reports that children seeking asylum are detained and that they share facilities with undocumented migrants.

The Committee recommends that the State party:

(a) Take urgent measures to further improve the reception conditions for families and in particular children seeking asylum in Lithuania by, inter alia, providing psychosocial and recovery services for traumatised children and children arriving from armed conflict as well as by improving the environment of the reception facilities;
(b) Ensure that asylum-seeking children, including separated children, are not detained;
(c) Create training programmes about the principles and provisions of the Convention for police, border guards and judiciary in the State party; and
(d) Pay due attention to the Committee’s general comment No. 6 (2005) on treatment of unaccompanied and separated children outside their country of origin (CRC/GC/2005/6).

The Committee is also concerned that persons granted temporary residence permits, including children, are excluded from the Social Welfare system once the two-year integration support period is over.

The Committee recommends that the State party secure access to appropriate Social Welfare guarantees for all refugee children, irrespective of their legal status in the country. (Paragraphs 60 to 63)

UN Committee against Torture
Last reported: 4 and 5 November 2008
Concluding Observations published: 19 January 2009

The Committee welcomes the information provided by the delegation that the Law on the Legal Status of Aliens (the Aliens Law) has been amended in November 2006 and that asylum seekers are now exempt from detention, even in cases where they enter or stay illegally in the State party. While noting that the State party provides mandatory medical screening to newly arrived asylum-seekers upon arrival to the accommodation facilities at the Foreigners' Registration Centre (FRC) in Padrade, the Committee is concerned that there is no mechanism in place to identify persons with special needs and possible victims of torture or ill-treatment. The Committee is also concerned that all asylum-seekers, including single women or women with children, and traumatised asylum-seekers, are accommodated in the same building. (arts. 2 and 16)

The Committee recommends that the State party:

(a) Take the necessary steps to ensure appropriate reception conditions for asylum-seekers with special needs, such as single women or women with children, and traumatised asylum-seekers, by providing them with separate accommodation.

(b) Give medical personnel, social staff in reception centres and others involved in the refugee status determination procedure thorough training and sensitisation in respect of victims of torture or ill-treatment in order to identify such cases at an early stage for referral to the appropriate medical and psychosocial services. (Paragraph 8)
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Inappropriate use of pre-trial detention
UN Committee on the Rights of the Child (Concluding Observations, March 2006)

The Committee also regrets that children can be detained for a long period of time in police stations and detention centres before trial. Furthermore, the Committee is concerned by the fact that in connection with the corrective measures provided for in the State party report no clear mention has been made of an alternative to deprivation of liberty.

The Committee recommends that the State party continue to strengthen its efforts to bring the administration of juvenile justice fully into line with the Convention, in particular articles 37, 40 and 39 and with other United Nations standards in the field of juvenile justice including the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules), the United Nations Guidelines for the Prevention of Juvenile Delinquency (the Riyadh Guidelines), the United Nations Rules for the Protection of Juveniles Deprived of Their Liberty and the Vienna Guidelines for Action on Children in the Criminal Justice System and the recommendations of the Committee made at its day of general discussion on juvenile justice (CRC/C/46, paras. 203-238). In this regard, the Committee recommends in particular that the State party:

(c) Ensure that persons below 18 are only deprived of liberty as a last resort and for the shortest appropriate period of time; (Paragraphs 68 and 69)

UN Committee against Torture
Last reported: 4 and 5 November 2008
Concluding Observations published: 19 January 2009

The Committee notes the changes that have occurred in the legal regulation of the operation of police detention facilities, including the approval in May 2007 of the Rules of Procedure of the Detention Facilities of Territorial Police Establishments and the Manual for Security and Maintenance of Detention Facilities of Territorial Police Establishments. The Committee also notes the Law on the Execution of Detention which will enter into force on 1 April 2009, which stipulates the conditions for keeping detainees in pre-trial wards and sets forth a clear and direct prohibition to subject a person to torture or cruel or degrading treatment upon the execution of detention. However, the Committee remains concerned at reports of prolonged pre-trial detention and administrative detention, of both minors and adults, and the high risk of ill-treatment which it entails and regrets the lack of use of alternatives to imprisonment. (arts. 2, 11 and 16)

The Committee urges the State party to:

(a) Take appropriate measures to further reduce the duration of detention in custody and detention before charges are brought

(b) Develop and implement alternatives to deprivation of liberty, including probation, mediation, community service or suspended sentences. (Paragraph 11)
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Overuse of institutional care
UN Committee on the Rights of the Child (Concluding Observations, March 2006)

The Committee welcomes the efforts made to implement its previous recommendations, in particular through the expansion of the foster care system. However, the Committee remains concerned that institutionalisation is prioritised as a form of alternative care and that the foster care system is insufficiently regulated and resourced.

The Committee recommends that the State party:

(a) Ensure that institutionalisation is used only as a measure of last resort, meaning that it is professionally indicated and in the best interests of the child;
(b) Systematically conduct periodic reviews of the placement of children, in conformity with article 25 of the Convention;
(c) Carry out a reform of the alternative care system and ensure that there are enough qualified supervisors and adequate resources for the proper functioning and monitoring of the system;
(d) Ensure that children, if they are raised in institutions, live in small groups and are individually cared for, that the parent-child relationship will not be negatively affected by placement in alternative care, and that family reunion or establishment of family environment is prioritised;
(e) Provide targeted services to children who will soon become adults and leave the institutions and encourage their reintegration into society;
(f) Strengthen and support the system of foster care, develop quality standards for foster care and significantly decrease the time spent in institutions by children without parental care;
(g) Provide adequate social and economic support to the social risk families, including through the establishment of a support network and the creation of job opportunities for these families;
(h) Consider creating a special fund to provide social service for a family in a crisis situation; and
(i) Adopt and implement the recommendations presented in the regional monitoring report “A Decade of Transition” (2001) of the UNICEF Innocenti research centre on the children under the State guardianship. (Paragraphs 41 and 42)

Universal Periodic Review (October 2011)

A - 89.19. Look at how to reduce its dependence on institution-based care for children (Ireland); (accepted)
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Inadequate measures to protect the rights and interests of child victims and witnesses of crimes
UN Committee on the Rights of the Child (Concluding Observations, March 2006)

The Committee expresses its concern at the increase in the number of reported cases of sexual abuse and exploitation of children.

The Committee urges the State party to reinforce its measures to combat sexual abuse of children and adolescents, including by:

(f) Giving due attention to the United Nations Guidelines on Justice in Matters involving Child Victims and Witnesses of Crime (ECOSOC Resolution No. 2005/20). (Paragraphs 64 and 65)

UN Committee on the Rights of the Child (Concluding Observations on OPSC, October 2008)

The Committee notes with appreciation the various legal measures taken in order to protect the rights and interests of child victims and witnesses in the criminal justice process and the separate specialised judiciary unit which is able to deal with child victims of crimes related to the Protocol. However, the Committee notes with concern that these measures are discretionary rather than mandatory and it also regrets the lack of information on concrete programmes of recovery for the child victim and data on financial compensation to victims.

The Committee recommends the State party to continue to consolidate its efforts to bring its legislation and administrative procedures to closer harmony with the Optional Protocol and in this respect, be guided by the Guidelines on Justice in Matters involving Child Victims and Witnesses of Crime (Economic and Social Council resolution 2005/20), and in particular:
a) Continue to strengthen, in light of article 8 (1) of the Optional Protocol, its measures, including legislation, to protect the rights and interests of the child victims and witnesses of the offences prohibited under the Optional Protocol at all stages of the criminal justice process; (Paragraphs 27 and 28)

Universal Periodic Review (October 2011)

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.
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Sexual abuse and exploitation of children
UN Committee on the Rights of the Child (Concluding Observations, March 2006)

The Committee expresses its concern at the increase in the number of reported cases of sexual abuse and exploitation of children.

The Committee urges the State party to reinforce its measures to combat sexual abuse of children and adolescents, including by:

(a) Ensuring that children’s testimony is recorded in an appropriate way and that the persons carrying out the hearing have the necessary specialists qualifications;
(b) Making prevention of violence and sexual abuse a compulsory subject in all relevant training programmes;
(c) Conducting a comprehensive study to assess the causes, nature and extent of abuse of children;
(d) Ensuring that perpetrators are prosecuted;
(e) Strengthening its efforts, including adequate financial resources, to provide care, full physical and psychological recovery and social reintegration for child victims of sexual abuse; and
(f) Giving due attention to the United Nations Guidelines on Justice in Matters involving Child Victims and Witnesses of Crime (ECOSOC Resolution No. 2005/20). (Paragraphs 64 and 65)

UN Committee on the Rights of the Child (Concluding Observations on OPSC, October 2008)

See full report.

Universal Periodic review (October 2011)

A - 88.14. Undertake more effective measures to address the problems of sexual abuse and violence against women and girls (Afghanistan); (accepted)

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); (accepted)
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