Distr.

GENERAL

CRC/C/15/Add.142
21 February 2001

Original: ENGLISH

Concluding Observations of the
Committee on the Rights of the Child : Latvia.
21/02/2001.

CRC/C/15/Add.142.
(Concluding
Observations/Comments)

Convention Abbreviation: CRC
COMMITTEE ON THE RIGHTS OF THE CHILD
Twenty-sixth session

CONSIDERATION OF REPORTS SUBMITTED
BY STATES PARTIES
UNDER ARTICLE 44 OF THE
CONVENTION

Concluding observations of the
Committee on the Rights of the Child

Latvia

1. The Committee considered the initial report of
Latvia (CRC/C/11/Add.22), received on 25 November 1998, at its 671st and 672nd
meetings (see CRC/C/SR.671 and 672), held on 9 January 2001, and
adopted At the 697th
meeting, held on 26 January 2001 the following concluding observations.

A. Introduction

2. The Committee welcomes the submission of the State
party's initial report and the written replies to its list of issues
(CRC/C/Q/LAT/1). The Committee notes with appreciation the broad ranging
delegation sent by the State party and welcomes the frank discussion and the
positive reactions to the suggestions and recommendations made during the
discussion.

B. Positive
aspects

3. The Committee welcomes the recent adoption of new
laws, as well as the amendments to the domestic legislation with a view to
bringing it into conformity with the principles and provisions of the
Convention. In particular, it welcomes the amendment of 1998 of the Citizenship
Law according to which all children born in Latvia since 1991 are automatically
entitled to citizenship. It also takes note with appreciation of,
inter alia,
the Law on the Protection of the Rights of the Child of 1998 and the Law on
Custody and Local Courts of 1995.

4. The Committee notes the establishment in 1998 of
the Commission for the Protection of Children's Rights at the Cabinet of
Ministers, in 1996 of the Subcommission for the Protection of Children's Rights
within the Parliament, in 1995 of the National Centre for the Rights of the
Child within the Ministry of Education and Science, which was revised in 1998,
and in 1995 of Custody Courts dealing with the protection of the rights of
children in relations with their parents and third parties.

5. The Committee notes with appreciation the National
Programme for Preventing Sexual Violence against Children for 2000-2004 and the
1999 programme of the Ministry of the Interior for the elimination of child
crime and the protection of children against criminal offences.

C. Factors and difficulties
impeding the implementation of the Convention

6. The Committee acknowledges that the economic and
social difficulties facing the State party, including increased unemployment and
poverty, caused mainly by the transition to a market economy, have had a
negative impact on the situation of children and have impeded and are still
impeding the full implementation of the Convention.

D. Subjects of concern and
recommendations

1. General measures of
implementation

Legislation

7. While noting that the Law on the Protection of the
Rights of the Child of 1998 reflects some principles and provisions of the
Convention, the Committee nevertheless remains concerned that other relevant
laws, inter alia some outdated provisions regarding family and adoption in the
1937 Civil Law, are not in full conformity with the Convention and that
disparities exist between law and practice.

8. The Committee recommends that the State party continue its
efforts in the field of law reform to ensure that its legislation is fully
compatible with the provisions and principles of the Convention and with a
child-rights approach, and that it take effective steps to ensure that these
measures are fully implemented.

Coordination

9. The Committee notes with appreciation the
establishment of the National Centre for the Rights of the Child and its role in
coordinating the work of State and municipal institutions on issues regarding
the protection of children's rights, but remains concerned whether the Centre
has the capacity to perform this important role in a satisfying manner.

10. The Committee recommends that the State party provide the
National Centre for the Rights of the Child with the financial and human
resources necessary to enable it to coordinate effectively the various
activities related to the implementation of the Convention at the national level
and between the central Government and the local administration level.

Allocation of budgetary resources

11. In light of article 4 of the Convention, the
Committee expresses its concern that not enough attention has been paid to
allocating adequate budgetary resources for the implementation of existing child
rights legislation, in particular to local governments, and that policies
related to children are not clear priorities in the State budget.

12. Also in light of article 4 of the Convention, the Committee
encourages the State party to identify clearly its priorities with respect to
child rights issues in order to ensure that funds are allocated to the maximum
extent of available resources for the full implementation of the economic,
social and cultural rights of children, in particular to local governments and
for children belonging to the most vulnerable groups in society. It further
recommends that the State party identify the amount and proportion of its budget
that is spent on children at the national and local levels in order to be able
to evaluate the impact of the expenditures on children.

Independent monitoring structures

13. The Committee emphasizes the importance of setting
up an independent mechanism with a mandate to monitor and evaluate progress in
the implementation of the Convention, both at the national and the local level,
and notes that the State party has started to take steps in this direction.

14. The Committee encourages the State party to
continue working towards the establishment of an independent body easily
accessible to children, such as an ombudsperson for children or a national
commission for children's rights, established in accordance with the Paris
Principles (General Assembly resolution 48/134), to monitor the implementation
of the Convention and to deal in an expeditious and efficient way with
individual complaints concerning children's rights. In this regard, the
Committee further recommends that the State party consider seeking technical
assistance from UNICEF, the Office of the High Commissioner for Human Rights and
the United Nations Development Programme (UNDP), among others.

Data collection

15. The Committee expresses its concern at the fact
that a systematic and comprehensive system for the collection of disaggregated
data for all areas covered by the Convention and in relation to all groups of
children is not yet fully developed.

16. The Committee recommends that the State party continue to
develop a system of data collection and indicators consistent with the
Convention. This system should cover all children up to the age of 18 years,
with specific emphasis on those who are particularly vulnerable, including child
victims of abuse, neglect, or ill-treatment; children with disabilities;
non-citizen children; children belonging to minorities; children in conflict
with

the law; children who work; adopted children and
children living in the streets and in rural areas. It further encourages the
State party to use these indicators and data in the formulation of policies and
programmes for the effective implementation of the Convention.

Dissemination of the principles and provisions of the
Convention

17. While noting the efforts of the State party in
disseminating information about the Convention, the Committee is concerned that
the principles and provisions of the Convention are not disseminated at all
levels of society, and in particular in the rural areas.

18. The Committee recommends that the State party develop more
creative methods to promote the Convention, including through audiovisual aids
such as picture books and posters. The Committee also recommends adequate and
systematic training and/or sensitization of professional groups working with and
for children, such as judges, lawyers, law enforcement personnel, teachers,
school administrators and health personnel. The State party is encouraged to
fully integrate the Convention into the curricula at all levels of the
educational system.

Civil society

19. The Committee notes with concern that the
participation and involvement of relevant non-governmental organizations and of
civil society at large in the formulation and implementations of policies and
programmes relating to children is not systematic.

20. The Committee emphasizes the important role civil society and
non-governmental organizations in particular play as partners in implementing
the provisions of the Convention, and recommends that the State party consider a
methodical approach to involving civil society, especially children's
associations and advocacy groups, throughout all stages of the implementation of
the Convention, including policy-making.

2. General
principles

General principles

21. The Committee is concerned that the principles of
non-discrimination (art. 2 of the Convention), best interests of the child (art.
3) and respect for the views of the child (art. 12) are not fully reflected in
the State party's legislation and administrative and judicial decisions, as well
as in policies and programmes relevant to children at both national and local
levels.

22. The Committee recommends that the general principles of the
Convention, in particular the provisions of its articles 2, 3 and 12, be
appropriately integrated in all relevant legislation concerning children and
applied in all political, judicial and administrative decisions and in projects,
programmes and services which have an impact on all children, including
non-citizen children, and guide the determination of policy-making at every
level and actions taken by social and health welfare institutions, courts of law
and administrative authorities.

Non-discrimination

23. The Committee is concerned that the principle of
non-discrimination is not fully implemented for non-citizen children, children
belonging to minorities, including Roma children, poor or dysfunctional
families, children with disabilities and children living in rural areas,
especially with regard to their access to adequate health and educational
facilities. In this context, it notes with interest the State programme for the
improvement of the condition of children in the country for 1999. It further
takes note with concern of the requirement to record ethnic origin in
passports.

24. The Committee recommends that the State party collect
disaggregated data to enable monitoring of discrimination against all children,
in particular those belonging to the above-mentioned vulnerable groups, with a
view to developing measures to put an end to any form of discrimination. It
further reiterates the recommendation of the Committee on the Elimination of
Racial Discrimination to reconsider the requirement to record ethnic origin in
passports (A/54/18, para. 407).

3. Civil rights and
freedoms

Right to nationality

25. The Committee is deeply concerned that, although
all children born in Latvia after 1991 are automatically entitled to citizenship
according to the amendment of 1998 of the Citizenship Law, there is still a
large number of children who are without Latvian nationality. Further it
expresses its concern at the slow pace in general of the process of
naturalization of non-citizens in Latvia.

26. In light of article 7 of the Convention, the Committee concurs
with the recommendation of the Committee on the Elimination of Racial
Discrimination to streamline the process of naturalization for all those who
apply for citizenship (A/54/18, para. 404) and, in particular, it encourages the
State party to provide more information and support to the parents of
non-citizen children to enable them to apply for citizenship on behalf of their
children.

Corporal punishment

27. While noting that the Law on the Protection of the
Rights of the Child of 1998 explicitly prohibits corporal punishment, the
Committee expresses its concern at the still widespread use of corporal
punishment, in particular within the family and in school and other
institutions.

28. In light of articles 19 and 28 (2) of the Convention, the
Committee encourages the State party to develop measures to raise awareness on
the harmful effects of corporal punishment and to promote alternative forms of
discipline in families, to be administered in a manner consistent with the
child's dignity and in conformity with the Convention. It also recommends the
effective enforcement of the ban on corporal punishment in school and other
institutions.

4. Family environment and alternative
care

Children living in institutions

29. The Committee expresses its concern at the high
number of children living in institutions, due mainly to the fact that children
living in vulnerable families or with a very low income cannot be supported
because of the lack of alternative care and of social assistance.

30. In light of articles 18 and 26 of the Convention, the Committee
encourages the State party to develop comprehensive measures to support
vulnerable families with a view to assisting them in their child-rearing
responsibilities, for instance by increasing various forms of social assistance
to families or by securing child-care services and facilities to help them with
their child-rearing.

Child abuse and neglect

31. While noting the National Programme for the
Prevention of Sexual Violence for 2000-2004, the Committee expresses its concern
about the lack of data, appropriate measures and mechanisms and resources to
prevent and combat domestic violence, including child sexual abuse. Further,
child victims do not have the right to free legal assistance and the judicial
procedure is not child-friendly, in particular because the child victims are
subjected to repeated questioning.

32. In light of article 19 of the Convention, the Committee
recommends that the State party undertake studies on domestic violence,
ill-treatment and abuse, including sexual abuse, to understand the extent, scope
and nature of these practices, adopt adequate measures and policies, and
contribute to changing attitudes. The Committee also recommends that cases of
domestic violence and ill-treatment and abuse of children, including sexual
abuse within the family, be properly investigated within a child-friendly
inquiry and judicial procedure in order to ensure better protection of child
victims, including the protection of their right to privacy. Measures should
also be taken to provide support services to children in legal proceedings and
for the physical and psychological recovery and social reintegration of the
victims of rape, abuse, neglect, ill-treatment and violence, in accordance with
article 39 of the Convention.

Adoption

33. The Committee expresses its concern at the fact
that the current legislation regulating adoption is out of date and does not
guarantee adequate protection of the child involved, as recognized in the
Convention. Further, as the procedures for adoption, in particular intercountry
adoption, are complicated and as there is virtually no foster system available,
it notes that a significant number of children are obliged to live in orphanages
and institutions for long periods.

34. In light of article 21 and other related provisions of the
Convention, the Committee encourages the State party to adopt the new
legislation regarding adoption in order to simplify and expedite the procedures
for adoption. Further, it recommends that the State party undertake measures to
facilitate the creation of a foster care system with sufficient financial
support. It also encourages the State party to continue the process for the
ratification of the Hague Convention on the Protection of Children and
Cooperation in Respect of Intercountry Adoption of 1993.

5. Basic health and
welfare

Health and health services

35. While noting that the State party started a
process focusing on preventive health care, the Committee is concerned that the
situation of maternal, child and reproductive health is poor. In particular, it
notes with concern the high rates of infant mortality, even though it has been
decreasing in recent years, and of child morbidity, in particular the high
incidence of tick-induced encephalitis and diphtheria. It also takes note that
the immunization programme has been delayed because sufficient funds were not
available and that it is no longer available in schools.

36. The Committee recommends that the State party allocate
appropriate resources and develop comprehensive policies and programmes to
improve the health situation of all children, without discrimination. With
reference to the immunization programme, the Committee encourages the State
party to look to international cooperation for support in the manufacture and
procurement of vaccines.

Children with disabilities

37. The Committee expresses its concern about the fact
that children with disabilities are granted additional State benefits only up to
the age of 16 and that children with disabilities living in rural areas do not
have access to the same level of services and medicines as children living in
other parts of the country. Further, it is concerned at the high proportion of
children with disabilities who are institutionalized. It also notes with concern
that the integration of children with disabilities into the normal educational
system is problematical owing to the lack of specialized teachers and the fact
that schools are not easily accessible for children with motor impairment.

38. The Committee recommends that the State party allocate the
necessary resources for programmes and facilities for all children with
disabilities up to the age of 18, especially the ones living in rural areas, and
develop community-based programmes in order for the children to be able to stay
at home with their families. In light of the Standard Rules on the Equalization
of Opportunities for Persons with Disabilities (General Assembly resolution
48/96) and the Committee's recommendations adopted at its day of general
discussion on "The rights of children with disabilities" (see CRC/C/69), it is
also recommended that the State further encourage their integration into the
educational system and inclusion into society, including by providing special
training to teachers and by making schools more accessible.

Adolescent health

39. The Committee expresses its concern regarding the
rise in the number of children and youths using drugs, alcohol and tobacco, the
increase in cases of sexually transmitted diseases (SDTs) and HIV/AIDS among
youth, and the growing use of abortion as a method of birth control. Further, it
notes the limited availability of programmes and services in the area of
adolescent health, including mental health, in particular treatment and
rehabilitation programmes for alcohol and drug addiction. It also notes the lack
of sufficient prevention and rehabilitation information, especially on
reproductive health in the schools.

40. The Committee recommends that the State party increase its
efforts to promote adolescent health, including mental health policies,
particularly with respect to alcohol consumption, substance abuse and
reproductive health, and develop a programme for health education in schools.
The Committee further suggests that a comprehensive and multidisciplinary study
be undertaken to understand the scope of adolescent health problems, including
the negative impact of STDs and HIV/AIDS, in order to be able to develop
adequate policies and programmes. It is also recommended that the State party
undertake further measures, including the allocation of adequate human and
financial resources, to evaluate the effectiveness of training programmes in
health education, in particular as regards reproductive health, and to develop
youth-friendly counselling, care and rehabilitation facilities that are
accessible, without parental consent when this is in the best interests of the
child.

Adequate standard of living

41. The Committee expresses its concern at the high
proportion of families, in particular those with three or more children, living
at the subsistence level and families threatened with eviction because of the
effect of the transition to a market economy on the social welfare system as a
whole.

42. In light of articles 3, 4, 6, 26 and 27 of the Convention, the
Committee encourages the State party to take all appropriate measures to the
maximum extent of its available resources, in particular at the local level, to
support families in a difficult economic and/or social situation in order to
ensure, to the maximum extent possible, the survival and development of all
children living in Latvia.

6. Education, leisure and cultural
activities

Education

43. The Committee notes with concern the high number
of children not attending compulsory primary school. Further, it expresses its
concern at the fact that a number of schools in rural areas have been closed and
that the quality of education provided in rural areas is inferior to that in
urban areas.

44. In light of article 28 of the Convention, the Committee
recommends that the State party undertake appropriate measures to ensure regular
attendance at schools and the reduction of drop-out, including by continuing the
"School is waiting for you" campaign carried out by the National Centre for
Protection of Children's Rights to inform society of the need to ensure that all
children attend primary school, and to assist local governments in their work to
implement regulations on registration of children. Further, it encourages the
State party to undertake measures to facilitate the regular attendance at school
of children from poor and/or dysfunctional families.

7. Special protection
measures

Administration of juvenile justice

45. The Committee is concerned that the juvenile
justice system is not fully in compliance with the Convention and that the
justice system as a whole is not efficient.
In particular, it expresses its concern at reports
of juvenile offenders spending long periods in pre-trial detention because the
justice system is overloaded. Further, it expresses its concern at cases of
juvenile offenders kept in adult prison facilities and that there are no
programmes for their rehabilitation and reintegration into society.

46. The Committee recommends that the State party review its law
and practices regarding the juvenile justice system in order to bring it into
full compliance with the Convention, in particular articles 37, 40 and 39, as
well as with other relevant international standards in this area, such as the
United Nations Standard Minimum Rules for the Administration of Juvenile Justice
(the Beijing Rules) and the United Nations Guidelines for the Prevention of
Juvenile Delinquency (the Riyadh Guidelines), with a view to ensuring
child-friendly practices by the police and other levels of the juvenile justice
system and the separation of juvenile and adult offenders in prison. In
particular, it reminds the State party that juvenile offenders should be dealt
with without delay and that pre-trial detention should not be longer than the
period prescribed by law and should be used only as a measure of last resort.
Alternative measures to detention should be used whenever possible. The
Committee recommends that the State party incorporate into its legislation and
practices the United Nations Rules for the Protection of Juveniles Deprived of
Their Liberty, in particular to guarantee them access to effective complaints
procedures covering all aspects of their treatment, and take appropriate
rehabilitative measures to promote the social reintegration of the children
involved in the juvenile justice system. Finally, the Committee recommends that
the State party seek assistance from, among others, the Office of the High
Commissioner for Human Rights, the United Nations Centre for International Crime
Prevention, the International Network on Juvenile Justice and UNICEF, through
the United Nations Coordination Panel on Technical Advice and Assistance on
Juvenile Justice.

Sexual exploitation and trafficking

47. The Committee notes with concern that prostitution
is rapidly spreading among minors and that the only rehabilitation programmes
available are short term.

48. The Committee recommends that the State party implement the
National Programme for the Prevention of Sexual Violence for 2000-2004, in
particular its rehabilitation and reintegration aspects. Further, it recommends
that the State party undertake a study of commercial sexual exploitation and
abuse of children in order to understand its scope and causes and to develop
programmes for monitoring the problem and to prevent and combat it, taking into
account the Agenda for Action adopted at the World Congress against Commercial
Sexual Exploitation of Children. In particular, it encourages the State party to
prevent the criminalization and stigmatization of the victims.

Children living in the streets

49. The Committee expresses its concern at the
significant number of children living in the streets. It notes that even though
the Law on the Protection of the Rights of the Child covers children living in
the street, no specific mechanisms have been established for its implementation
and that assistance to the children living in the streets is generally provided
only by non-governmental organizations.

50. The Committee recommends that the State party support existing
mechanisms to provide children living in the streets with food, clothing,
housing, health care and educational opportunities, including vocational and
life-skills training. Moreover, the State party should ensure that these
children are provided, whenever necessary, with rehabilitation services for
physical, sexual and substance abuse; protection from police brutality; and
services for reconciliation with their families.

Children belonging to minority groups

51. The Committee notes with concern that the
Education Law of 1998 foresees that, as of 2004, all State-funded schools will
provide secondary education in Latvian only, while bilingual education will be
available only until 9th grade. Further, it notes the slow pace of the National
Programme for Integration of Society in Latvia, owing in particular to a lack of
funding.

52. The Committee encourages the State party to ensure that
children belonging to minorities can also use their own language in secondary
education, in accordance with articles 29 and 30 of the Convention. Further, it
encourages the enforcement of the integration process, in particular at
community level, and the provision of more information about the process.

Optional protocols

53. The Committee takes note of the fact that the
Government of Latvia has started the internal procedure of accession to the
Optional Protocols on the sale of children, child prostitution and child
pornography and on the involvement of children in armed conflicts.

54. The Committee invites the State party to continue this process
and to ratify the two Optional Protocols to the Convention.

9. Dissemination of
reports

55. Finally, the Committee recommends that, in light
of article 44, paragraph 6, of the Convention, the initial report and written
replies presented by the State party be made widely available to the public at
large and that the publication of the report be considered, along with the
relevant summary records and the concluding observations adopted by the
Committee. Such a document should be widely distributed in order to generate
debate and awareness of the Convention and its implementation and monitoring
within the Government and the general public, including NGOs.

©1996-2001
Office of the United
Nations High Commissioner for Human Rights
Geneva, Switzerland