儿童权利委员会审议拉脱维亚的报告（部分翻译）

2016年1月13日

儿童权利委员会今日结束审议拉脱维亚关于落实《儿童权利公约》条款的第三至第五次合并报告。委员会还审议了拉脱维亚在《儿童权利公约关于买卖儿童、儿童卖淫和儿童色情制品的任择议定书》和《儿童权利公约关于儿童卷入武装冲突问题的任择议定书》之下的首份定期报告。

拉脱维亚福利部部长耶瓦·査恩泽沐（Ieva Jaunzem）在呈报报告时表示，2006年提交并审议上一份定期报告以来，拉脱维亚儿童的状况在一些领域得到了改善。 健康儿童数量增加是主要成就之一。婴儿和儿童死亡率下降，达到十年以来的最低水平。与此同时，生活在家庭中的儿童的比例大幅上升。处于贫困风险之中的儿童数量正大幅减少。为所有儿童提供了免费教育，育有子女的家庭享受了大量的税收抵免和减免。拉脱维亚此前未有儿童卷入武装冲突的案例。缔约国还继续落实预防性工作，改善监管法律以打击儿童贩卖。

委员会专家承认了拉脱维亚在过去十年内取得的进展，想要了解儿童权利协调机制和分类数据的收集方面的更多信息。提及了国家间和强迫收养、俄罗斯人等少数群体的权利和教育以及监察员办公室在儿童权利领域的权利等问题。专家们询问了儿童贩运和买卖问题，以及各国为避免这类事件而采取的措施。还详细讨论了少年司法系统、形成对儿童的照料以及法官采纳儿童意见等问题。专家们还想了解对执法人员的意识提升和培训以打击贩运儿童和儿童卖淫的情况，以及受害者的康复。

委员会专家兼拉脱维亚报告员贝尔纳•加斯托（Bernard Gastaud）对代表团的开放和坦诚表示感谢。委员会提出的建议应允许拉脱维亚在保护和促进儿童权利领域做出进一步的改进。

査恩泽沐女士在总结发言中表示，代表团感谢与委员会互动的机会。专家们提出的问题很有意义，在新政府即将宣誓就职之际，这正是拉脱维亚接受新建议的时候。

拉脱维亚代表团包括福利部、卫生部、文化部、外交部、司法部、教育和科学部、内政部以及拉脱维亚常驻联合国日内瓦办事处代表团的代表。

委员会将于1月14日（周四）上午10点举行下一次公开会议，届时将开始在A会场审议爱尔兰的第三和第四次合并定期报告（CRC/C/IRL/3-4）并继续在B会场开始审议法国的第五次定期报告（CRC/C/FRA/5）。

报告

点此阅读拉脱维亚第三至第五次合并定期报告：CRC/C/LVA/3-5。拉脱维亚在《儿童权利公约关于买卖儿童、儿童卖淫和儿童色情制品问题的任择议定书》之下的首份定期报告在此可见：CRC/C/OPSC/LVA/1。拉脱维亚在《儿童权利公约关于儿童卷入武装冲突问题的任择议定书》之下的首份定期报告在此可见：CRC/C/OPAC/LVA/1。

Presentation of the Report

IEVA JAUNZEME, State Secretary at the Ministry of Welfare of Latvia, stated that Latvia attached high priority to the fulfilment of its international commitments and to the implementation at the national level of the well-established principles of international human rights law. The situation of children in Latvia had improved in a number of aspects since the submission and examination of the last periodic report in 2006. During these 10 years, considerable changes had taken place in Latvia, which referred to both the political and economic situation, public awareness and the implementation of rights. Changes in technologies and developments in a number of areas had also created new challenges.

The increase in the number of healthy children was one of main achievements. The decrease in mortality rates of infants and children reflected their lowest level in a decade. At the same time, the proportion of children living in the family environment had significantly increased. The number of children at risk of poverty was considerably decreasing, as the financial situation of families had improved. The Government had considerably improved the regulatory framework. Latvia had expanded the range of acts considered as criminal offences, and, as a result, the compliance with Article 19 and 34 had been improved.

A new information system had been developed to allow for operational sharing of information by the competent institutions and provide an insight into the general situation of the child, which, in turn, enabled the planning of support based on a comprehensive study of the child’s needs. The allowances to families that had been reduced during the global financial and economic crisis had now been restored to the pre-crisis level. Free education was provided to all children, and families with children enjoyed considerable tax credits and relief. State subsidies were provided for free meals at schools and the purchase of study materials for pupils. The amount of the maintenance per child guaranteed by the State for single-parent families had increased. Special support measures had been put in place for families with three or more children.

The professional social work and the integrated child protection system played an important role in preventing violence against children. The State provided financial support and a comprehensive system for the coordination of the protection of the rights of the child had been established. The Law on the Protection of the Rights of the Child and the National Development Plan 2014-2020 were the policy cornerstones in the field of the rights of the child. Non-governmental organizations were an indispensable partner in that regard. A comprehensive overview of the situation regarding the rights of the child in the country was conducted on an annual basis.

Latvia highly appreciated the opportunities provided through international cooperation to further improve the situation of children; recommendations by the Committee were very much valued, as they helped highlight the major tasks for the improvement of the rights of the child, and would also serve as an encouragement for the Government’s further work.

Ms. Jaunzeme informed that there had been no cases of the involvement of children in armed conflicts in Latvia, but an action plan providing for rehabilitation services had been put in place, given that Latvia was expecting an influx of refugees. Latvia had also continued to implement preventive work and improve regulatory enactments to fight against the sale of children, and the involvement of children in prostitution and pornography. The capacity of the law enforcement institutions had been strengthened to take effective actions against persons who committed such offences.

Questions by Experts

PETER GURÁN, Committee Expert and Rapporteur for Latvia, said that it had been 10 years since the last meeting between the Committee and the State party. He noted that various laws had been adopted during that period and asked about the implementation of the relevant legislation. It appeared that there was a lack of relevant bylaws, which would ensure that the provisions of the Convention were fully implemented. Could the delegation provide more details in that regard?

A question was asked about the continuity of the programmes dealing with children, as it seemed that there was some duplication and lack of coordination.

The Expert inquired about the situation in Latvia regarding coordination in the field of children’s rights, as three Ministries were involved in the matter. Was there an intention to change the situation, and perhaps have a single coordinating body in place?

The establishment of the Ombudsman’s Office in 2007 was praiseworthy, with a small department working on children’s issues. More information was sought on the mandate and responsibilities of that department. Could it receive complaints from children?

Was cooperation of the authorities with civil society in the field of children’s rights of a systematic nature, asked the Expert? Had civil society been involved in the preparation of the report?

BERNARD GASTAUD, Committee Expert and Rapporteur for Latvia, raised the issue of discrimination against children in certain categories, such as minority groups, rural children, children with disabilities, or homosexual and transgender individuals. Who were the information seminars mentioned in the report aimed at?

Suicide seemed to have reached relatively high levels in Latvia; numerous children were victims of drowning and road accidents.

More information was sought about the functioning of the Children’s Government.

What measures had been taken with regard to child prostitution, asked the Expert.

A question was asked about limits on the freedom of expression. Had penalties been imposed on those who had violated provisions regarding pornography?

Another Expert raised the issue of disaggregated data.

A question was asked about birth certificates. Why would some parents not declare the birth of their children? What were the procedures to register children at a later stage? How about Roma children?

An Expert inquired how many complaints by children had been received and what the results of those complaints were.

A question was asked about the status of the Russian-speaking minority. How was the State party planning to resolve the situation, especially in the education system?

More information was sought about discussions which students held at schools, and whether any recommendations were made to the Ministry of Education and other bodies.

What was the minimum age for the child’s opinion to be heard? The General Comment on that issue proposed the age of 12. Could children submit complaints in child-friendly settings?

The attitude of the media in protecting the privacy of children involved in criminal cases was raised by another Expert.

Replies by the Delegation

All bylaws on children’s rights had been adopted. The Law on the Rights of the Child served as a basic law and an overarching principle. Sectoral laws were in place to ensure that those principles were applied in practical terms. A special inspectorate was in place which controlled the implementation of the laws and bylaws adopted by the Parliament. The inspectorate could impose fines if there were violations. State bodies and functionaries were used to listening to the inspectorate.

A new strategic document “Latvia Fit for Children” was being prepared, said the delegation. The Ministry of Welfare was the central institution responsible for coordination in the field of children’s rights.

Concerning the Ombudsman, a delegate said that the office had been in place since 2007. The Ombudsman was entitled to initiate various proceedings, including those affecting individuals and minors. It could hear the opinion of the child at any time, and visit institutions without prior notice. A special unit had been created for children’s rights, which encompassed four lawyers. The institution had an “A status” in accordance with the Paris Principles. The highest number of cases brought up to the Ombudsman was related to the right of the child to grow up in a family. The Ombudsman was actively involved in promoting public awareness on children’s rights among the general public.

On the monitoring of early childhood, the delegation informed that all children from the age of a year and a half had the right to kindergarten.

It was important to note that everyone dealing with children was obliged to pass a 40-hour mandatory training course, reviewed every five years. Over the previous years, there had been a shift in teaching human rights, which was now focused more on the practical application of human rights norms.

The main reason for submitting the current report with a delay was the economic crisis and the cutting in the number of Government officials, with a smaller number of staff members having to perform the same work as before. The draft report had been sent to 16 non-governmental organizations, many of whom had shared their comments with the Government. The Government was considering ways to improve the way of circulating concluding observations by the Committee.

Latvia was committed to eliminating discrimination against various groups, including those most disadvantaged. Principles of anti-discrimination were already included in Latvian legislation, with the goal of not leaving anyone out.

Self-government was organized in every school, said the delegation. Such bodies were working with teachers, parents, civil sector and relevant international organizations. Issues discussed mostly included daily activities and everyday life in schools. The information collected that way, including on mobbing, was very valuable when drafting Government policies and campaigns.

Campaigns and signage were in place to alert children not to swim in dangerous areas and not to cross railways in dangerous places. Swimming training was also provided in schools.

On the education of ethnic minorities, it was explained that education was provided in the Latvian language and the languages of ethnic minorities. There were 99 Russian schools, in which children were learning in both Latvian and Russian languages. 1 Polish, Ukrainian, Belarussian and Jewish schools were also in place. The statistical data on exam results in minority schools showed that they were better now than before, including in the knowledge of the Latvian language.

The minimum age for the child to be heard was 15, but, depending on the maturity and the condition of the child, it could be lower than 15. In cases of adoption, it was absolutely mandatory to hear a child aged 12 and older.

With regard to prostitution, in 2012 the Ministry of Justice had been tasked to develop a report on the experiences of other countries and how to reduce prostitution in Latvia. Practitioners and law enforcement agents needed to be better trained to identify sex sellers, and the so-called exit programmes had to be strengthened. All legal regulations were now in place to stop the purchase of sexual services from the victims of trafficking and minors. Criminal liability was in place for prostituting a minor person, which was unambiguously prohibited. There were currently no minors involved in street prostitution. State police had a dedicated unit fighting trafficking and pimping.

There was an average of 100 cases of violence against children reported by children every year and perpetrators were punished. An average of 30 to 50 cases of cruel violence, including corporal punishment, were also recorded every year. The child calling a help line could provide information as understood by the child, based on which inspectors would go to the spot and investigate the matter in detail.

Freedom of association and expression could be fully exercised in Latvia, as long as it was not violent. The Criminal Code provided for the prohibition of pornographic or erotic materials involving children. A State unit fighting against cybercrime was in place.

The delegation said that significant progress had been made in the collection of disaggregated data, which would be shared on Government websites and made accessible to the general public. Data on children with depression was thus available, but not yet online.

It was stressed that all children in Latvia, including refugees and minorities, should be registered and no exceptions should be made in that regard. A child born to non-citizens on the Latvian soil was registered automatically as long as one of the parents expressed a wish that the child be registered as a Latvian citizen. The delegation specified that there were about 12 per cent of non-citizens in 2015, down from 29 per cent in the 1990s.

There was a legal obligation on the media coming from the Law on the Protection of Personal Data to protect the identity of the child. With the growth of the online media, it would become even more challenging to balance the right to information with the right to privacy.

Questions by Experts

An Expert wanted to know about alternative family care in Latvia. What programmes were in place to support foster care or other alternative forms of care? How about children living in boarding schools? A question was also asked about children left behind when their parents went abroad for work.

The delegation was asked to provide details on the training of teachers on inclusive education. What efforts were being taken to ensure the inclusion of children with disabilities in society?

There was a high level of dropouts, particularly for girls. Had the situation been evaluated and had measures been taken to rectify the issue?

Was there a tendency to promote education solely in Latvian, at the expense of the minority languages, as some sources had reported?

Was child labour authorized outside of school periods for children over the age of 13?

Was there a regulation in place on which kind of work was permitted?

The Expert inquired what was being done vis-à-vis the programmes on children offenders and resocialization of minors. Were judges trained to deal with juvenile justice?

Had measures been taken to decrease violence against minors in penitentiaries?

The delegation was asked to provide information on the efforts made by the State party to promote breast feeding. Were there baby-friendly hospital initiatives in place? How long was the maternity leave, asked an Expert?

There was a concern that there was limited access to health care for children living in rural areas and limited access to contraceptives for adolescents.

What were the exact rates of maternal and infant mortality today?

Another Expert asked about the incidence of HIV and measures taken to prevent mother-to-child transmissions. How about drug use by adolescents? A question was also asked about suicide prevention measures and support to adolescents suffering from depression.

The Expert also wanted to hear more about programmes for children who were victims of sexual violence, which helped them recover psychologically. There had been reports of abuse of children in the institutions for children with mental disabilities. What was being done to ensure that such violations were reported and prevented?

What strategies had the State party developed to fight corruption, asked an Expert?

Were children of asylum seekers granted citizenship if born in Latvia?

Replies by the Delegation

On children’s complaints, the delegation said that in 2014 over 670 complaints related to children’s issues had been submitted to the Ombudsman’s office. In 2015, there had been 890 such complaints, which had been examined promptly by the Ombudsman. Complaints included those submitted by children themselves and their siblings and sometimes related to family reunification and custody rights. In 2016, the Ombudsman would introduce further improvements to the submission records.

No criminal cases of discrimination had been recorded in 2015, explained the delegation.

Foster care was increasing in Latvia. There were some 2,000 children in State institutions at the moment, a significant decrease over the previous decade. A foster care training programme was foreseen with the view of ensuring that high quality foster care would be provided to children. A huge deinstitutionalization programme had been launched, with an ambitious goal of bringing to zero the number of children in institutions over the next five years. It was admittedly an ambitious plan. Amendments to the Law on Social Services were currently in the second reading; they also foresaw that the number of days spent in institutions should decrease.

The delegation confirmed that children had a say on their placement in foster families.
State benefits given to foster families were the same for those who had taken in children with disabilities and other children.

Concerning the situation of children whose parents had been deprived of custody rights, it was explained that, when they reached 18, such children received a one-time benefit from the State and were given a possibility to receive housing in the place of their choice. Before they reached 18, they had an opportunity to attend secondary schools at no cost.

In 2007, the number of children left behind by parents who had gone abroad had reached more than 8,000. Those numbers were now much lower as most parents now took their children with them. If parents were leaving the country for more than three months, they had to contact the judicial authorities. Less than half of Latvians abroad seemed ready to return to Latvia, as they normally enjoyed better remuneration abroad.

Street children were not an issue in Latvia; any such cases were immediately recognized by the society and municipal police forces, and children were swiftly placed in the care of social services.

“Baby boxes” were still available in Latvia because it was one of the ways to decrease the number of mothers throwing away their new-borns. It was estimated that the lives of 30 children were saved that way every year. To a suggestion by an Expert that a “confidential birth” was a better alternative, the delegation assured that other options would be considered as well.

Regarding child labour, a delegate informed that Latvia had ratified ILO Conventions 138 and 182, which dealt with those issues. A child had the right to be protected from economic exploitation which could harm his or her physical and mental development. No children under 15 could hold permanent work; only in exceptional cases could children over 13, with the consent of one of their parents, be employed part-time in light work, during their leisure time. The maximum allowed was four hours per day and 20 hours per week. Inspectors met with school pupils on a regular basis. Administrative punishments had been applied in all cases of unregistered employment.

From five years of age, each child had to have a place in kindergartens, as pre-school education for five and six-year olds was obligatory. The delegation, answering to a follow-up question by an Expert, informed that there were kindergartens in Russian and English languages. A number of kindergartens were bilingual. Most children attending Russian kindergartens would proceed to go on to Russian language schools.

Pilot projects were in place for educating children with mental disabilities. Each institution reported back to the Ministry of Welfare about the quality of the services provided, and a number of unannounced visits took place. There was no tolerance for any abuse in such institutions; negligence and violations of children’s rights in such institutions had diminished.

The State was paying for 24/7 helplines. The qualifications of staff working there were strong as they had Master degrees in psychology. The majority of children calling were between the age of 12 and 15; most needed psychological help. Most problems raised were relations with schoolmates, teachers, siblings and family. The helpline was accessible throughout the territory of Latvia.

Regarding inclusive education, a delegate said that measures were in place to ensure its quality. Education for children with special needs could be provided in special groups or in classes in mainstream schools. During the first year of schooling most pupils followed the same mainstream programme; if they demonstrated difficulties, they would be seen by a number of specialists and support measures could be suggested. If such measures did not work, it could be suggested that the child be examined by a psychological/medical commission. The parents would make the final decision on their child’s education. There was a strong political will of the State, with the help of civil society, to proceed with the integration of children with disabilities into the mainstream system. More cooperation was foreseen with municipalities and employment services.

Decisions on sending children to special need kindergartens came from parents, but pedagogical medical commissions were included and spoke to the parents about different options. The authorities were responsible for ensuring that young children received pre-school education not far away from their places of residence.

In order to become a teacher, one had to complete specialized university studies. Topics of health care were included in the curriculum of teachers’ training. Further improvements of new teachers’ professional standards and remuneration models were foreseen.

A delegate informed that eight per cent of all schools were boarding schools, and plans were in place to reduce their number. Teachers in boarding schools had high professional qualifications.

The proportion of pupils leaving school had dropped down to 10 per cent. Dropout rates for girls were higher for girls from the Roma community.

A delegate said that children who had committed less serious crimes could not be deprived of liberty; those who had committed violent serious crimes could be sentenced to up to five years imprisonment. Children could be imprisoned for up to 10 years if they had committed especially serious crimes, including cruel murders, murder of several people and rape of a child. One child had been sentenced to the maximum imprisonment of 10 years for having committed a murder under especially aggravating circumstances.

There were two kinds of correctional institutions for children: schools for social rehabilitation, aimed at improving social skills of children aged 11 to 18, who were sent there by a judge’s decision; and detention centres for children with programmes of primary or secondary education, aimed at changing children’s deviant or anti-social behaviour. The latter catered for children aged 14 to 18 who had criminal sentences of deprivation of liberty; they could remain there until the age of 25 if they were still going through an education programme.

It was explained that in determining the kind of punishment for adults, judges could evaluate the personality of the offender to take into consideration if the offender was a parent of one or more children.

On combatting and preventing corruption in Latvia, the delegation informed that the Bureau for combatting and preventing corruption had the authority of criminal investigation and criminal punishment. Each Government body and municipality had an internal anti-corruption system in place. Efforts were now being made to increase the awareness of the general public on corruption and decrease their tolerance.

There were two girls detained in adult prisons, and 17 detained and 19 convicted boys serving their sentences in a juvenile facility. Sentences for non-violent crimes had decreased and the overall number of inmates in Latvia had gone down. Alternative sanctions were promoted as much as possible. It was clarified that juveniles too could be held in pre-trial detention. Regular inspections of detention facilities were undertaken.

It was the policy that there was a set of activities in place to change the values of minors in institutions so that they could live a law-abiding life. Very clear procedural rules had been developed on the process of rehabilitation and resocialization; specific provisions were in place for juveniles. As of today, the basics for the resocialization programme for juveniles included correction of thinking errors, anger management and social skills.

On the question of inter-prisoner violence, the delegation stated that guidelines had been in place since 2012, and staff were trained in that regard. The Ombudsman’s office surveyed the situation on a regular basis. In 2015, the State Children’s Inspectorate reported that there had been no cases of inter-prisoner violence involving children.

Children could stay with their imprisoned mothers until they turned four years of age; the mother would need to request that and it had to be established that it was in the best interest of the child to do so. If that was not possible, the authorities would look for alternative foster options. At the moment, eight children were in prison with their mothers. Facilities were provided for children to live in the same rooms with their mothers; playgrounds for children were also provided.

In 2015, 127 judges had been trained in child-related matters. They were trained, inter alia, in international legal norms, communication with the child and obtaining an opinion from the child.

Latvia had accepted international standards on breast-feeding and feeding formulas and substitutes. All aspects related to breast-feeding were covered by a relevant State centre; information was disseminated through the network of family doctors. Monitoring of health institutions and advertisements related to breast-feeding and substitutes was conducted. Breaks for breast-feeding were prescribed. Woman was entitled to a prenatal leave of 56 days, and a maternity leave of 56 days, or 112 days in total.

Children were exempt from any health care fees, as those expenses were covered by the State. Medicines for children were 100 per cent reimbursable. The authorities were working on raising the awareness of parents on the availability of health care services for their children across different regions. Health promotion programmes were nation-wide and included the involvement of local authorities. The Ministry of Health had tasked hospitals to decrease the waiting time.

The delegation informed that visits to the dentist for children under the age of 18 were free, provided that the dentist had a contract with the national health insurance system.

Dental care in rural areas was available through specialists paid by the State. Two dental buses were also in operation to provide services to very remote municipalities. Around 7,000 children received dental care that way every year.

Measures to decrease unplanned teenage pregnancies included increased advice on contraception, awareness-raising and seminars. Health care specialists also visited secondary schools and answered questions from students on various sexual and reproductive health aspects. Eighteen HIV prevention points currently distributed free condoms, but there was no special programme to distribute condoms to children. No specific referral was needed to visit a gynaecologist. An improvement of the infrastructure of health care institutions was envisioned.

On mental health, the delegation explained that the Public Health Strategy included raising awareness and promoting early detection. Particular attention was paid to the prevention and detection of depression among school children. Relationships amongst school children were among factors contributing to suicidal behaviour. Promoting an active lifestyle and physical activity contributed to preventing suicides. Work was being done to prevent the distribution of so-called new substances. Social rehabilitation services were in place to ensure more effective integration of children with mental health problems in communities.

Children with disabilities were specifically included in programmes to decrease the number of children going into institutions. Support was provided to families with children with disabilities.

There had been 83 cases of infant deaths in 2014, while maternal mortality stood at three to five cases per year.

There were around 6,000 people living with HIV in Latvia. HIV incidence among children was around 10 cases per year, the main reason for which was vertical transmission from mother to child. HIV screening of pregnant women up to 12 weeks of pregnancy was ensured; between 50 and 70 HIV-positive women were registered every year, and about five of them transmitted the virus to their infants. Early treatment of HIV patients was provided. The anti-retroviral therapy was now more available for HIV-infected persons; about 30 per cent of them currently received such treatment.

Spending of the health budget was supervised by State auditors, said the delegation.

Abortion services were provided in public hospitals and supervised by the Health Inspectorate. Rehabilitation was assured for the victims of physical and sexual violence through a year-long rehabilitation programme.

There were no waiting lists for children to receive mental health services, stressed the delegation.

Latvian law included provisions for children born to refugees and asylum seekers in Latvia to receive Latvian citizenship.

Questions by Experts under the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography

An Expert raised the issue of disaggregated data collection. Would the State party be ready to consider establishing a coordinated data collection system to provide information related to the Protocol? Could it be disaggregated by sex, age, origin and ethnicity?

Did the State envision the development of a comprehensive policy to cover all questions covered by the Optional Protocol, asked the Expert?

The Committee was concerned about the apparent absence of a general plan to raise public awareness. What could be done to address that? The existing efforts were focused on the prevention of trafficking.

The State party had not provided sufficient information on the budget allocated to the activities foreseen under the Optional Protocol, which could hinder success in that regard.

State measures appeared to be taken on a piecemeal basis. Were there sufficient mechanisms in place to cover and help all child victims under the Protocol? The Expert wondered if there was truth in the allegation that police officers could be bribed to sometimes release users of child prostitutes. No cases of sex tourism had been reported by the State party, while in 2008 it had been reported by a United Nations expert that this was on rise. Could the delegation comment?

Were children exploited in prostitution considered as victims or were they criminalized?

Another Expert raised the issue of extraterritorial jurisdiction and extraditions, and wanted to know whether offences under the Optional Protocol were included in extradition treaties with other States.

The Committee noted that Latvia had established a system of identification of victims of trafficking, but there were concerns about its efficiency. How were law enforcement officers trained in the early identification of victims?

A question was also asked about procedures in place for the rehabilitation of victims.

What methods were used to rescue or recover victims, asked an Expert?

Questions by Experts under the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict

An Expert said that it was not clear which authority was in charge of implementing the Protocol.

Information was sought on the data collection system on possible violations of the Protocol. How was it done in practice, if at all, he asked.

Relatively little seemed to have been done to disseminate the provisions of the Protocol among the general public and children in particular.

While there were no armed groups operating in Latvia, how about foreign groups which could possibly recruit children from Latvia?

Did the legislation provide for an extraterritorial responsibility of the Latvian judiciary?

How could potential child soldiers arriving to Latvia be identified among the immigrant population, an Expert asked? How was the State party preparing to conduct rehabilitation programmes for such vulnerable populations?

Another Expert raised the question of the youth guard in Latvia, and whether they were trained to use weapons.

Replies by the Delegation under the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography

The delegation stated that the Ministry of the Interior collected data from all information systems. Based on the collected data, training and awareness-raising activities were planned. The Criminal Procedure Information System, established in 2010, contained all the information related to criminal proceedings. Another information system was that of the courts and was run by the Court Administration. The Ministry of Welfare, for its part, collected information on the victims of trafficking and provided rehabilitation services. Such data was disaggregated by numerous factors, including the duration and nature of provided rehabilitation care.

Answering the question on the existence of a comprehensive policy, the delegation stated that guidelines on juvenile delinquency from 2013 were essentially a national strategy, and a comprehensive document for society, institutions and practitioners. Topics such as morality and sexual inviolability were covered. Another key document was a strategy on the prevention of trafficking in human beings. Prevention, combatting, coordination and cooperation in information collection were the main pillars of the State’s response to trafficking. The authorities were working very closely with non-governmental organizations, which had plentiful experience in that regard.

A very comprehensive, yet specific training was provided for practitioners, experts, judges, prosecutors, police officers, social workers, hotline operators and all others who could be exposed to victims of human trafficking. Border guards were currently undergoing a special training by the European border agency Frontex.

A significant part of awareness-raising among children was conducted by non-governmental organizations, which cooperated closely with the authorities. Awareness was also being raised on the dangers of the Internet and how not to fall victim to potential traffickers.

Funding to implement counter-trafficking measures was allocated to budgets of relevant stakeholders. Every institution and agency had their own functions and tasks, and the funding was made available for that.

Victims of trafficking in human beings received social rehabilitation services from State budget funds. Only victims formally recognized as such were eligible to apply for services. Guidelines and methodological materials were in place for various groups on how best to identify victims of trafficking. The victim identification mechanism had been established in 2006. The number of rehabilitated victims was low, and their names were not announced.

Latvia had a well-established adoption system which was largely electronic and included three tiers of certification. Room for abuse in that regard was thus virtually non-existent. There were no private adoption agencies as the whole process was conducted by the Ministry of Welfare. The law included provisions against both the sale and trafficking of children. The delegation noted the concern expressed by an Expert that the “sale” of children was not defined in Latvian legislation.

If a foreign citizen in Latvia purchased sex services from a minor, he would be prosecuted. Any person under the age of 18 was a minor and was protected.

The definitions of trafficking and sale of children in Latvia covered the sale of children which corresponded to the definitions under the Optional Protocol. The term “exploitation” also included holding of a person in slavery.

On the issue of extradition, the delegation explained that Latvia had comprehensive legislation in that regard. It was prohibited to extradite citizens of Latvia to other country unless there was a bilateral treaty in place. There was also a provision for extraterritorial jurisdiction, so that those Latvian citizens or non-citizens who had committed crimes elsewhere could be held punishable in Latvia. If there was a bilateral treaty in place, the offender could be extradited to the country in question.

Replies by the Delegation under the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict

Latvia had started to pay reinvigorated attention to the Protocol following the wars in Ukraine and Syria. Amendments had been made to the Criminal Code on the illegal participation of Latvian citizens in foreign armed conflicts, which was particularly relevant to Ukraine. Financing foreign armed conflicts and training or sending any persons to such conflicts were also criminalized. The authorities had no knowledge of any children having participated in either conflict; on the other hand, a number of such adults had been identified.

Youth guard existed in Latvia, and it was similar to scouts in other countries. Boys and girls celebrated national feasts, sang national songs, studied history, cleaned up public areas, etc. It was not really a military grouping. On the question on whether children were trained in military techniques in the youth guard, the delegation clarified that they practiced shooting with lighter categories of fire arms, which were adjusted to various age groups. Shooting, which was allowed as a sport in Latvia, was rather a secondary activity in youth guard training.

There were currently no refugees in Latvia, and the first ones were expected in February. Latvia would welcome families with children. Since Latvia had no previous experience in that regard, it was learning from the United Nations Refugee Agency and preparing for the arrivals.

The age of recruitment for private security agencies was 18, but most likely it was retired policemen who were hired by such companies.

The delegation informed that all the documents, including the two Protocols, were translated only into Latvian, the official language of the country.

Concluding Remarks

BERNARD GASTAUD, Committee Expert and Rapporteur for Latvia, thanked the delegation for the quality of the dialogue. Their openness and frankness were appreciated. Recommendations which the Committee would make would allow Latvia to make further improvements in the field of the protection and promotion of children’s rights.

PETER GURÁN, Committee Expert and Rapporteur for Latvia, thanked the delegation for the comprehensive and professional explanations about the situation in the country.

IEVA JAUNZEME, State Secretary at the Ministry of Welfare of Latvia, said that the delegation had appreciated the opportunity to interact with the Committee. Questions posed by the Experts were meaningful and it was the right time for Latvia to receive new recommendations as a new Government would be sworn in soon.

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