Universal Periodic Review

Latvia
Date of the exam: May-2011

Latvia presented itself at the 11th session of the Universal Periodic Review (May 2011). Its delegation was headed by Andris Teikmanis, State Secretary, Ministry of Foreign Affairs.


Categories
Compliance with International Human Rights Law

Conventions :
 4  70  72  76  80  116  117  122 
Protocols :
 2  3  4  70  72  73  74  75  76  77  78  79 
National rapporteurs :
 81  82  83  84  85  86 
Treaty bodies :
 14  15  16  17  18  61  87  93  96 
UN Resolutions :
HRC :
 11 
International standards :
 22 
Special procedures :
Thematic rapporteurs :
 14  16 
Others :
 1  15  38  111 

Updating of Standards, Practices and Institutions

Institutions and Governance
Institutions :
for Human Rights :
 5  6  7  18 
judiciary :
 26 
Human Rights education :
 34 
judiciary :
 40 
Human Rights education :
 43  44  53 
for Human Rights :
 55  56  57  58 
Human Rights education :
 60 
judiciary :
 71 
for Human Rights :
 88  89  90  91  92 
Human Rights education :
 100  105 
Elections :
Right to vote :
 111 
Legislation :
 21  62  64  65  66  68  94  95  97  101  102  104  106 
Human Rights education :
 107  110  113  118  120 
National action plans :
 19  36 
Others :
 8  41  42  50  54  67 
Civil and political rights
Economic, social and cultural rights


Council recommendations

1
Gradually consider the ratification of outstanding international human rights instruments (Chile);

Accepted

2
Consider acceding to human rights instruments to which it is not yet party, particularly the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Costa Rica);

Accepted

3
Ratify step by step the outstanding core international instruments, namely the Second Optional Protocol to the International Covenant on Civil and Political Rights, the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women (Slovenia);

Accepted

4
Consider the possibility of ratifying the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women, the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, and the International Convention for the Protection of All Persons from Enforced Disappearance (Argentina);

Accepted

5
Seek accreditation for the Office of the Ombudsman with the International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights (United Kingdom of Great Britain and Northern Ireland);

Accepted

6
Consider raising the Ombudsman as a national institution for human rights accredited with the International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights (Algeria);

Accepted

7
Accredit the Ombudsman to ensure its conformity with the Paris Principles (Moldova);

Accepted

8
Further continue its efforts in the field of protection and promotion of human rights (Georgia);

Accepted

9
Continue to earmark sufficient funds for all child protection programs (Moldova);

Accepted

10
Continue to carry out measures in the field of child rights protection (Azerbaijan);

Accepted

11
Contribute to the implementation of the recently adopted Human Rights Council resolution on children living and working on the streets (Hungary);

Accepted

12
Continue its positive actions for further promoting the rights of disabled people (Azerbaijan);

Accepted

13
Consider taking measures to implement its international commitments pertaining to the rights of persons with disabilities and, in particular, take appropriate measures to address the issue of accessibility (Costa Rica);

Accepted

14
Continue efforts to improve and protect the rights of women and children by implementing recommendations made by the United Nations mechanisms and its related special procedures (Palestine);

Accepted

15
Reiterate the commitments expressed on the occasion of its election to the Human Rights Council and continue its cooperation with treaty bodies, particularly by submitting its periodic reports in due time (Djibouti);

Accepted

16
Continue cooperation with treaty monitoring bodies and United Nations special rapporteurs (Azerbaijan);

Accepted

17
Take steps to implement the recommendations of treaty bodies (Slovenia);

Accepted

18
Continue to strengthen the national mechanism on gender equality, as recommended by the Committee on the Elimination of Discrimination against Women (Chile);

Accepted

19
Establish a comprehensive plan on gender equality, especially stressing prosecution of sexual exploitation and prevention of gender violence (Spain);

Accepted

20
Continue efforts to advance gender equality and continue tackling the gender equality issues indicated in the national report (Lithuania);

Accepted

21
Further adopt and implement policies and legislation to combat gender discrimination and to promote the empowerment of women, including equal job opportunities and equal remuneration for work of equal value (Brazil);

Accepted

22
Step up efforts to combat discrimination against vulnerable groups and minorities, in accordance with internationally established standards (Argentina);

Accepted

23
Within the framework of the policy on promoting tolerance, strengthen measures towards interethnic harmony and cultural diversity (Belarus);

Accepted

24
Intensify measures to tackle racism and hate crimes (Australia);

Accepted

25
Actively engage in the fight against racially motivated crimes (Czech Republic);

Accepted

26
Ensure prompt, impartial and effective investigations into all allegations of ill-treatment committed by law enforcement officials (Czech Republic);

Accepted

27
Make further efforts to reduce overcrowding in penitentiary institutions, including through the use of alternative measures, and improve conditions in detention facilities (Uzbekistan);

Accepted

28
Continue efforts to decrease the number of prisoners and take action to improve the conditions in prisons and detention centres (Sweden);

Accepted

29
Improve overall conditions in detention and prison facilities and combat overcrowding in these facilities (Czech Republic);

Accepted

30
Continue reforms to improve conditions of detention and make increased use of non-custodial measures as suggested by treaty bodies (Austria);

Accepted

31
Reduce the prison population (Islamic Republic of Iran);

Accepted

32
Intensify its efforts to prevent, punish and eliminate all forms of violence against women (Argentina);

Accepted

33
Further continue its efforts to combat domestic violence, including through raising public awareness (Azerbaijan);

Accepted

34
Provide specific training to law enforcement staff to enable them to better understand and prevent domestic violence (Hungary);

Accepted

35
Continue taking measures to eliminate human trafficking (Czech Republic)

Accepted

36
Continue to take the necessary measures to end trafficking in human beings, including through the implementation of the national program on combating trafficking in human beings (Palestine);

Accepted

37
Pursue its efforts to combat trafficking in human beings, especially women and children (Algeria);Pursue its efforts to combat trafficking in human beings, especially women and children (Algeria);

Accepted

38
Step up efforts to combat trafficking in human beings, including developing international cooperation with interested governments, international organizations and NGOs (Belarus);

Accepted

39
Continue its efforts to combat trafficking in human beings, and pay special attention to its victims (Costa Rica);

Accepted

40
Continue to adopt appropriate measures to prosecute and punish perpetrators of trafficking in human beings and develop effective systems for the timely prevention of sexual exploitation and trafficking in children (Republic of Moldova);

Accepted

41
Prioritize the implementation of human trafficking protection and rehabilitation programmes (Norway);

Accepted

42
Further develop and strengthen its programs and services to promote the rehabilitation of victims of trafficking (Canada);

Accepted

43
Prioritize training for the judiciary and the police on how to treat victims of trafficking as well as domestic violence (Norway);

Accepted

44
Introduce legislation that allows for partial or segmented transfer of the legal capacity of a disabled person (Netherlands);

Accepted

45
Consider the possibility of strengthening focused social assistance to poor families with children (Belarus);

Accepted

46
Continue its efforts to promote the full integration of ethnic minorities into Latvian society and facilitate the naturalization and acquisition of citizenship, especially in the case of children (Costa Rica);

Accepted

47
Take measures to further facilitate the naturalization of non-citizens (Netherlands);

Accepted

48
Consider further facilitation of the acquisition of citizenship and increased efforts to promote the registration of newborns (Brazil);

Accepted

49
Do more to promote the value of citizenship among all groups, thereby encouraging naturalization of the remaining non-citizens (United States of America);

Accepted

50
Continue pursuing society integration policies aimed at uniting the country's inhabitants in areas such as State-language learning, promotion of cultural identity and cultural interaction, with particular attention to Latvia's 'non-citizens' who represent around 15 per cent of the population (Slovakia);

Accepted

51
Step up efforts to improve the integration of ethnic and minority linguistic groups, including welcoming migrants, asylum-seekers, refugees and stateless persons (Ecuador);

Accepted

52
Improve the living conditions of asylum-seekers and refugees (Islamic Republic of Iran);

Accepted

53
Enhance the training of border guards, immigration personnel and judges in the field of international refugee law with a view to ensuring A/HRC/18/9 16 protection and full respect for the rights of all refugees and asylum-seekers (Canada);

Accepted

54
Build on existing efforts to facilitate integration of immigrants and refugees, including by fully implementing its multiyear program for the integration of third-country nationals (Canada).

Accepted

55
Strengthen the Ombudsman's capacity to investigate and act on allegations of discrimination in all its forms (United Kingdom);
Cette recommandation a déjà été mise en oeuvre ou en cours de l'être. This recommendation has already been implemented or is in the process of implementation.

Accepted

56
Support the Office of the Ombudsman and recognize its competency in all matters relating to equal treatment for all inhabitants, and comply with the principle of non-discrimination (Ecuador);
Cette recommandation a déjà été mise en oeuvre ou en cours de l'être. This recommendation has already been implemented or is in the process of implementation.

Accepted

57
Take all necessary measures to establish a national human rights institution according to the Paris Principles (Czech Republic);
Cette recommandation a déjà été mise en oeuvre ou en cours de l'être. This recommendation has already been implemented or is in the process of implementation.

Accepted

58
Establish its national human rights institution to be fully adapted to the Paris Principles, with a broad and clear legal mandate and sufficient financial resources (Spain);
Cette recommandation a déjà été mise en oeuvre ou en cours de l'être. This recommendation has already been implemented or is in the process of implementation.

Accepted

59
Integrate all groups that constitute Latvian society in national socioeconomic plans (Islamic Republic of Iran);
Cette recommandation a déjà été mise en oeuvre ou en cours de l'être. This recommendation has already been implemented or is in the process of implementation.

Accepted

60
Take into account human rights education and training in its national education and training programs (Morocco);
Cette recommandation a déjà été mise en oeuvre ou en cours de l'être. This recommendation has already been implemented or is in the process of implementation.

Accepted

61
Take advantage of the substantial expertise that civil society represents, and enter into regular consultations with NGOs on human rightsrelated issues, including the follow-up of the recommendations of the various United Nations treaty bodies (Norway);
Cette recommandation a déjà été mise en oeuvre ou en cours de l'être. This recommendation has already been implemented or is in the process of implementation.

Accepted

62
Include provisions in domestic legislation to prohibit discrimination in all areas, including especially discrimination based on national origin, ethnicity, language or linguistic groups; adopt necessary civil and administrative measures to guarantee the elimination of all forms of discrimination against all persons, especially those from ethnic or linguistic groups, who constitute more than one third of the population of Latvia (Ecuador);
Cette recommandation a déjà été mise en oeuvre ou en cours de l'être. This recommendation has already been implemented or is in the process of implementation.

Accepted

63
Adopt specific economic, social and cultural measures to combat discrimination and promote equal opportunities for disadvantaged and marginalized individuals and groups (Islamic Republic of Iran);
Cette recommandation a déjà été mise en oeuvre ou en cours de l'être. This recommendation has already been implemented or is in the process of implementation.

Accepted

64
Codify the prohibition of the propaganda for xenophobia, anti- Semitism, neo-Nazism, and provide for criminal liability for such acts and establish racism as an aggravating circumstance (Russian Federation);
Cette recommandation a déjà été mise en oeuvre ou en cours de l'être. This recommendation has already been implemented or is in the process of implementation.

Accepted

65
Strengthen its criminal legislation on domestic violence to notably make sure that such violence is considered as an aggravating circumstance (France);
Cette recommandation a déjà été mise en oeuvre ou en cours de l'être. This recommendation has already been implemented or is in the process of implementation.

Accepted

66
Adopt the necessary legislative measures in the Criminal Code to define domestic violence and criminalize marital rape as a specific crime (Mexico);
Cette recommandation a déjà été mise en oeuvre ou en cours de l'être. This recommendation has already been implemented or is in the process of implementation.

Accepted

67
Develop an early-warning system by raising public awareness of the risks associated with migration and fictitious marriages (United Kingdom);
Cette recommandation a déjà été mise en oeuvre ou en cours de l'être. This recommendation has already been implemented or is in the process of implementation.

Accepted

68
Adopt the necessary legislation to explicitly prohibit violence against children, including corporal punishment (Finland);
Cette recommandation a déjà été mise en oeuvre ou en cours de l'être. This recommendation has already been implemented or is in the process of implementation.

Accepted

69
Maintain State preschool and general education institutions with education/teaching in minority languages, including the Russian language (Russian Federation);
Cette recommandation a déjà été mise en oeuvre ou en cours de l'être. This recommendation has already been implemented or is in the process of implementation.

Accepted

70
Garantir le respect des droits de l'homme des ressortissants étrangers, quel que soit leur statut au regard de la législation relative à l'immigration, en particulier les personnes appartenant à des groupes vulnérables tels que les réfugiés, les demandeurs d'asile et les apatrides; garantir le respect du principe de non-refoulement, établi par la Convention de 1951 relative au statut des réfugiés et le Protocole de 1967 relatif au statut des réfugiés (Équateur);
Cette recommandation a déjà été mise en oeuvre ou en cours de l'être. This recommendation has already been implemented or is in the process of implementation.

Accepted

71
Take measures to ensure the availability of adequate facilities for refugee children, including access to legal counsel, medical care and education (Poland).
Cette recommandation a déjà été mise en oeuvre ou en cours de l'être. This recommendation has already been implemented or is in the process of implementation.

Accepted

72
Accede to or ratify the following international instruments: the Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty; the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights; the Optional Protocol to the Convention on the Elimination of all Forms of Discrimination Against Women; the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; and the International Convention for the Protection of All Persons from Enforced Disappearance (Ecuador);
Currently, Latvia cannot provide a definitive answer on the eventuality of acceding to or ratifying the following international instruments: OP-ICESCR, OP-CEDAW, OP-CAT, ICPPED. Latvia gradually in the course of time will evaluate the possibility of ratifying these documents and will provide information about the state of implementation of these recommendations in the next report.

No clear position

73
Accelerate the process of ratification of the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women, the Optional Protocol to the Convention against Torture and other Cruel, Inhuman and Degrading Treatment or Punishment, and the Second Optional Protocol to the International Covenant on Civil and Political Rights (Czech Republic);
Currently, Latvia cannot provide a definitive answer on the eventuality of acceding to or ratifying the following international instruments: OP-ICESCR, OP-CEDAW, OP-CAT, ICPPED. Latvia gradually in the course of time will evaluate the possibility of ratifying these documents and will provide information about the state of implementation of these recommendations in the next report.

No clear position

74
Ratify the Optional Protocol to the Convention against Torture and other Cruel, Inhuman and Degrading Treatment or Punishment; the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women; and the Second Optional Protocol to the International Covenant on Civil and Political Rights (Brazil);
Currently, Latvia cannot provide a definitive answer on the eventuality of acceding to or ratifying the following international instruments: OP-ICESCR, OP-CEDAW, OP-CAT, ICPPED. Latvia gradually in the course of time will evaluate the possibility of ratifying these documents and will provide information about the state of implementation of these recommendations in the next report.

No clear position

75
Ratify the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women; the Second Optional Protocol to International Covenant on Civil and Political Rights; the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (France);
Currently, Latvia cannot provide a definitive answer on the eventuality of acceding to or ratifying the following international instruments: OP-ICESCR, OP-CEDAW, OP-CAT, ICPPED. Latvia gradually in the course of time will evaluate the possibility of ratifying these documents and will provide information about the state of implementation of these recommendations in the next report.

No clear position

76
Sign and ratify the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights; the Second Optional Protocol to International Covenant on Civil and Political Rights; the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women; the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; and the International A/HRC/18/9 18 Convention for the Protection of All Persons from Enforced Disappearance (Spain);
provide information about the state of implementation of these recommendations in the next report.

No clear position

77
Ratify the Second Optional Protocol to International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty (Lithuania);
As regards the ratification of ICCPR-OP 2, aiming at the abolition of the death penalty, Latvia informs that on 12 July 2011 the Government approved a legislative package on the accession to the Protocol No. 13 to the European Convention on Human Rights and Fundamental Freedoms concerning the abolition of the death penalty in all circumstances. Following the adoption of these draft laws by the Parliament and their entry into force, Latvia will evaluate the possibility of ratifying ICCPR-OP 2. Information about the state of implementation of this recommendation will be provided in the next report.

to consider

78
Continue the work towards the abolition of the death penalty under all circumstances and accede to the Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty (Sweden);
As regards the ratification of ICCPR-OP 2, aiming at the abolition of the death penalty, Latvia informs that on 12 July 2011 the Government approved a legislative package on the accession to the Protocol No. 13 to the European Convention on Human Rights and Fundamental Freedoms concerning the abolition of the death penalty in all circumstances. Following the adoption of these draft laws by the Parliament and their entry into force, Latvia will evaluate the possibility of ratifying ICCPR-OP 2. Information about the state of implementation of this recommendation will be provided in the next report.

to consider

79
Ratify at the earliest the Second Optional Protocol to International Covenant on Civil and Political Rights as well as Protocol No. 13 to the European Convention on Human Rights concerning the abolition of the death penalty (Belgium);
As regards the ratification of ICCPR-OP 2, aiming at the abolition of the death penalty, Latvia informs that on 12 July 2011 the Government approved a legislative package on the accession to the Protocol No. 13 to the European Convention on Human Rights and Fundamental Freedoms concerning the abolition of the death penalty in all circumstances. Following the adoption of these draft laws by the Parliament and their entry into force, Latvia will evaluate the possibility of ratifying ICCPR-OP 2. Information about the state of implementation of this recommendation will be provided in the next report.

to consider

80
Ratifier dans les meilleurs délais la Convention internationale pour la protection de toutes les personnes contre les disparitions forcées et reconnaître pleinement la compétence du Comité des disparitions forcées, conformément aux articles 31 et 32 de la Convention (France);
Currently, Latvia cannot provide a definitive answer on the eventuality of acceding to or ratifying the following international instruments: OP-ICESCR, OP-CEDAW, OP-CAT, ICPPED. Latvia gradually in the course of time will evaluate the possibility of ratifying these documents and will provide information about the state of implementation of these recommendations in the next report.

No clear position

81
Consider the possibility of ratifying the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (Palestine);
Currently, Latvia cannot provide a definitive answer on the eventuality of acceding to or ratifying the following international instruments: OP-ICESCR, OP-CEDAW, OP-CAT, ICPPED. Latvia gradually in the course of time will evaluate the possibility of ratifying these documents and will provide information about the state of implementation of these recommendations in the next report.

No clear position

82
Ratify the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Paraguay);
Currently, Latvia cannot provide a definitive answer on the eventuality of acceding to or ratifying the following international instruments: OP-ICESCR, OP-CEDAW, OP-CAT, ICPPED. Latvia gradually in the course of time will evaluate the possibility of ratifying these documents and will provide information about the state of implementation of these recommendations in the next report.

No clear position

83
Ratify the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women (Belgium);
Currently, Latvia cannot provide a definitive answer on the eventuality of acceding to or ratifying the following international instruments: OP-ICESCR, OP-CEDAW, OP-CAT, ICPPED. Latvia gradually in the course of time will evaluate the possibility of ratifying these documents and will provide information about the state of implementation of these recommendations in the next report.

No clear position

84
Accede to the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women and the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (Ukraine);
Currently, Latvia cannot provide a definitive answer on the eventuality of acceding to or ratifying the following international instruments: OP-ICESCR, OP-CEDAW, OP-CAT, ICPPED. Latvia gradually in the course of time will evaluate the possibility of ratifying these documents and will provide information about the state of implementation of these recommendations in the next report.

No clear position

85
Sign and ratify the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women (Ireland);
Currently, Latvia cannot provide a definitive answer on the eventuality of acceding to or ratifying the following international instruments: OP-ICESCR, OP-CEDAW, OP-CAT, ICPPED. Latvia gradually in the course of time will evaluate the possibility of ratifying these documents and will provide information about the state of implementation of these recommendations in the next report.

No clear position

86
Accede to the Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty, and take the necessary steps to remove the death penalty from Latvia's justice system (Australia);
As regards the ratification of ICCPR-OP 2, aiming at the abolition of the death penalty, Latvia informs that on 12 July 2011 the Government approved a legislative package on the accession to the Protocol No. 13 to the European Convention on Human Rights and Fundamental Freedoms concerning the abolition of the death penalty in all circumstances. Following the adoption of these draft laws by the Parliament and their entry into force, Latvia will evaluate the possibility of ratifying ICCPR-OP 2. Information about the state of implementation of this recommendation will be provided in the next report.

to consider

87
Recognize the competence of the Committee on the Elimination of Racial Discrimination to receive and consider communications from individuals (Ecuador);
Currently Latvia cannot provide a definitive answer on accepting or rejecting this recommendation. Latvia will continue co-operation with the UN Committee on the Elimination of Racial Discrimination by reporting on the implementation of the provisions of ICERD. Latvia is continuously reviewing and, if need be, adjusting national legislation to the evolving standards in the field of racial discrimination, and ensures their practical implementation. At the same time, Latvia appreciates efforts and extensive expertise of the European Court of Human Rights in the field of eliminating discrimination as well as co-operation with the European Commission against Racism and Intolerance. Accordingly, Latvia considers that it has subjected itself to comprehensive monitoring at the international level, which includes both an individual complaints mechanism and a national reporting system and visits under review mechanisms. Latvia fully relies on the competence of the existing mechanisms. The next report will provide information on whether any changes have taken place in Latvia's position on this matter.

No clear position

88
Enlarge the mandate and allocate sufficient resources to the Office of the Ombudsman, as a human rights institution, and ensure that it complies with the Paris Principles (Poland);
Partially accepted. Latvia partly accepts these recommendations. Latvia does not accept the recommendation in the part concerning the need to enlarge the mandate of the Ombudsman or the need to set up a national human rights institution in compliance with the UN Paris Principles. The Office of the Ombudsman has been established under the law, its mandate is very broad and fully complies with the Paris Principles: Ombudsman has the right to review individual complaints, analyse the compliance of legal provisions with the human rights standards and to submit an application to courts. The Ombudsman can act on the basis of a complaint or upon his/her own initiative and has a major role in raising human rights awareness. The Parliament elects the Ombudsman for the term of five years. The Ombudsman's Strategy for 2011-2013 sets amongst the institution's priorities launching the procedure for its accreditation to the National Human Rights Institutions International Coordinating Committee. In the next report, Latvia will provide information on measures taken to further strengthen the Ombudsman's Office within available national budget resources.

Accepted

89
Strengthen the mandate, functions and resources of the Ombudsman's office in accordance with the Paris Principles, particularly by endowing it with means to act and investigate, and apply for its accreditation with the International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights (France);
Partially accepted. Latvia partly accepts these recommendations. Latvia does not accept the recommendation in the part concerning the need to enlarge the mandate of the Ombudsman or the need to set up a national human rights institution in compliance with the UN Paris Principles. The Office of the Ombudsman has been established under the law, its mandate is very broad and fully complies with the Paris Principles: Ombudsman has the right to review individual complaints, analyse the compliance of legal provisions with the human rights standards and to submit an application to courts. The Ombudsman can act on the basis of a complaint or upon his/her own initiative and has a major role in raising human rights awareness. The Parliament elects the Ombudsman for the term of five years. The Ombudsman's Strategy for 2011-2013 sets amongst the institution's priorities launching the procedure for its accreditation to the National Human Rights Institutions International Coordinating Committee. In the next report, Latvia will provide information on measures taken to further strengthen the Ombudsman's Office within available national budget resources.

Accepted

90
Empower the Office of the Ombudsman by providing enough resources to ensure its effectiveness and full compliance with the Paris Principles (Norway);
Partially accepted. Latvia partly accepts these recommendations. Latvia does not accept the recommendation in the part concerning the need to enlarge the mandate of the Ombudsman or the need to set up a national human rights institution in compliance with the UN Paris Principles. The Office of the Ombudsman has been established under the law, its mandate is very broad and fully complies with the Paris Principles: Ombudsman has the right to review individual complaints, analyse the compliance of legal provisions with the human rights standards and to submit an application to courts. The Ombudsman can act on the basis of a complaint or upon his/her own initiative and has a major role in raising human rights awareness. The Parliament elects the Ombudsman for the term of five years. The Ombudsman's Strategy for 2011-2013 sets amongst the institution's priorities launching the procedure for its accreditation to the National Human Rights Institutions International Coordinating Committee. In the next report, Latvia will provide information on measures taken to further strengthen the Ombudsman's Office within available national budget resources.

Accepted

91
Elevate the Ombudsman to an A-status national human rights institution in accordance with the Paris Principles (Canada);
Partially accepted. Latvia partly accepts these recommendations. Latvia does not accept the recommendation in the part concerning the need to enlarge the mandate of the Ombudsman or the need to set up a national human rights institution in compliance with the UN Paris Principles. The Office of the Ombudsman has been established under the law, its mandate is very broad and fully complies with the Paris Principles: Ombudsman has the right to review individual complaints, analyse the compliance of legal provisions with the human rights standards and to submit an application to courts. The Ombudsman can act on the basis of a complaint or upon his/her own initiative and has a major role in raising human rights awareness. The Parliament elects the Ombudsman for the term of five years. The Ombudsman's Strategy for 2011-2013 sets amongst the institution's priorities launching the procedure for its accreditation to the National Human Rights Institutions International Coordinating Committee. In the next report, Latvia will provide information on measures taken to further strengthen the Ombudsman's Office within available national budget resources.

Accepted

92
Strengthen the capacity of the State Inspectorate for the Protection of Children's Rights and consider establishing an Ombudsman for children (Norway);
Partially accepted The recommendation can be accepted in part. Latvia accepts the part on strengthening the capacity of the State Inspectorate for the Protection of Children's Rights within available national budget resources; information on the measures taken will be provided in the next report. At the same time, Latvia rejects the recommendation to consider establishing an Ombudsman for children, as the functions of the Ombudsman for children are performed by the Ombudsman's Office which is assigned authority over all human rights matters, including those of the children's rights protection.

Accepted

93
Follow up on the recommendation of the Committee on the Elimination of Discrimination against Women in order to strengthen its national system relating to women's rights (Djibouti);
Latvia accepts the recommendation (similarly to the recommendation No.91.18). Latvia has ratified CEDAW and adheres to other binding international law which forbids the discrimination of women. Under the Constitution, all human beings are equal irrespective of their gender. In its next report, Latvia will provide information on steps taken to further strengthen the national system for the protection of women's rights.

Accepted

94
Adopt a comprehensive gender equality law (Poland);
Latvia rejects the recommendations as, instead of adopting a general gender equality law, it has chosen a different approach ' to integrate anti-discriminatory provisions into sectoral laws. Such approach is consistent with the Latvian legal tradition and is no less effective than the comprehensive law approach. Latvia will continue providing information on promoting gender equality in the next report.

Refused

95
Promote the inclusion in the Constitution and national legislation of the definition of discrimination against women, as well as the principle of equality between men and women (Mexico);
Latvia accepts the recommendation and will further intensify efforts to combat discrimination against vulnerable groups. The Constitution guarantees that all human beings in Latvia are equal before the law and the courts, human rights shall be implemented without discrimination of any kind. The provisions on the prohibition of discrimination and differential treatment have also been included in sectoral laws. National legislation provides for administrative liability and criminal liability for violating the prohibition of discrimination. Latvia will continue providing information concerning combating discrimination in its next report.

Accepted

96
Continue to strengthen efforts to combat discrimination against vulnerable groups, in accordance with the recommendations of the Committee against Torture (Chile);
Latvia accepts the recommendation and will further intensify efforts to combat discrimination against vulnerable groups. The Constitution guarantees that all human beings in Latvia are equal before the law and the courts, human rights shall be implemented without discrimination of any kind. The provisions on the prohibition of discrimination and differential treatment have also been included in sectoral laws. National legislation provides for administrative liability and criminal liability for violating the prohibition of discrimination. Latvia will continue providing information concerning combating discrimination in its next report.

Accepted

97
Improve the relevant legislation to further combat racial discrimination and incitement to racial hatred in order to effectively protect the rights of ethnic minorities (China);
Latvia rejects the recommendation. Latvia believes that the Criminal Law and other laws provide for adequate regulation in the field of combating racial and hate crime. Latvian legislation criminalises actions of intentionally inciting national, ethnic or racial hatred or disharmony as required by Article 4 of ICERD and the 28 January 2003 Additional Protocol to the European Convention on Cybercrime concerning the criminalisation of acts of a racist and xenophobic nature committed through computer systems. Racial discrimination and incitement to racial hatred are not only regarded as a separate crime, but the Criminal Law also defines racist motive as an aggravating circumstance. Moreover, racial discrimination is effectively prohibited also in other laws (for instance, Civil law, Labour Law), and the victims are provided with accessible and effective mechanisms for protecting their rights. In recent years, Latvia has succeeded in cutting back on the number of instances of national, ethnic and racial hatred, which is demonstrated by statistics on initiated criminal cases concerning incitement to national, ethnic and racial hatred or disharmony. Notwithstanding the rejection of this recommendation, Latvia will provide further information in its next report on the measures taken towards combating racial discrimination.

Refused

98
Intensify its efforts to combat discrimination on the basis of sexual orientation and gender identity (Spain);
Latvia accepts the recommendations. Under the Constitution, all human beings are equal. The principle of equality has also been integrated in sectoral laws, for instance, in the Labour Law. Latvia will continue providing information on combating discrimination based on person's sexual orientation in its next report.

Accepted

99
Increase efforts to combat discrimination on the grounds of sexual orientation (United Kingdom);
Latvia accepts the recommendations. Under the Constitution, all human beings are equal. The principle of equality has also been integrated in sectoral laws, for instance, in the Labour Law. Latvia will continue providing information on combating discrimination based on person's sexual orientation in its next report.

Accepted

100
Provide general information about anti-discrimination and reform the school curricula to regularly emphasize information about gender equality, lesbian, gay, bisexual and transgender people and ethnic minorities (Norway);
Latvia accepts the recommendations and at the same time indicates that educational measures are carried out concerning both hate crime against LGBT persons and the issues of intolerance, racism and anti-Semitism. Besides, it should be noted that the issues of anti-discrimination, gender equality and human rights, including the issues of sexual minorities, have already been included in the school curricula. Latvia will include information on the provision of general information on anti-discrimination issues in its next report.

Accepted

101
Adopt legislation that recognizes homophobic and transphobic motivation as an aggravating circumstance in the Criminal Law (Finland);
Currently, Latvia cannot provide a definitive answer to the recommendation to sanction under the Criminal Law homophobic and transphobic crime. Such amendments would require an open public debate and the hearing of the views of groups concerned. At the same time, the State Police is considering possibilities to introduce a special programme that would enable any resident to report a hate crime. In its next report, Latvia will provide information on the development of this discussion.

No clear position

102
Amend the Criminal Law to recognizes hate speech against lesbian, gay, bisexual and transgender persons (Norway);
Currently, Latvia cannot provide a definitive answer to the recommendation to amend the Criminal Law in order to sanction hate speech against LGBT persons (to include sexual orientation in the definition of hate crime). Discussions on this issue have not yet been held and currently no amendments to legislation have been planned. In its next report, Latvia will provide information on the development in this matter.

No clear position

103
Further strengthen measures to prevent and combat discrimination and hate crimes against ethnic minorities and other vulnerable groups, including lesbian, gay, bisexual and transgender persons (Brazil);
Latvia accepts the recommendation. The Constitution and other laws contain the principles of equality and the prohibition of discrimination. Besides, work on the transposition of relevant European Union anti-discrimination directives is under way. Within its mandate, the Police will continue efforts in combating discrimination. In recent years, Latvia has succeeded in cutting back on the number of instances of national, ethnic and racial hatred, which is demonstrated by statistics on instituted criminal cases concerning incitement to national, ethnic and racial hatred or disharmony. At the same time, the Police cooperate with LGBT activists by providing security measures during LGBT public events.

Accepted

104
Consider legislative and administrative measures to recognize violence on the basis of gender identity or sexual orientation as a hate crime (United States);
At this point, Latvia cannot provide a definitive answer to the recommendation on recognizing violence on the basis of gender identity or sexual orientation as a hate crime. Discussions on this issue have not yet taken place and currently no amendments to legislation have been planned. At the same time, no violence has been reported against homosexual and transgender persons as such. In its next report, Latvia will provide information on developments in this matter.

No clear position

105
Engage in awareness-raising activities such as stressing diversity in school curricula in order to alleviate discrimination against lesbian, gay, bisexual and transgender persons (Finland);
Latvia accepts the recommendations and at the same time indicates that educational measures are carried out concerning both hate crime against LGBT persons and the issues of intolerance, racism and anti-Semitism. Besides, it should be noted that the issues of anti-discrimination, gender equality and human rights, including the issues of sexual minorities, have already been included in the school curricula. Latvia will include information on the provision of general information on anti-discrimination issues in its next report.

Accepted

106
Abolish the death penalty in the Criminal Code for all crimes and in all times, including war (Hungary);
As regards the ratification of ICCPR-OP 2, aiming at the abolition of the death penalty, Latvia informs that on 12 July 2011 the Government approved a legislative package on the accession to the Protocol No. 13 to the European Convention on Human Rights and Fundamental Freedoms concerning the abolition of the death penalty in all circumstances. Following the adoption of these draft laws by the Parliament and their entry into force, Latvia will evaluate the possibility of ratifying ICCPR-OP 2. Information about the state of implementation of this recommendation will be provided in the next report.

to consider

107
Completely abolish the death penalty in the Criminal Code for all crimes, including in times of war (Austria);
As regards the ratification of ICCPR-OP 2, aiming at the abolition of the death penalty, Latvia informs that on 12 July 2011 the Government approved a legislative package on the accession to the Protocol No. 13 to the European Convention on Human Rights and Fundamental Freedoms concerning the abolition of the death penalty in all circumstances. Following the adoption of these draft laws by the Parliament and their entry into force, Latvia will evaluate the possibility of ratifying ICCPR-OP 2. Information about the state of implementation of this recommendation will be provided in the next report.

to consider

108
Incorporate necessary reforms for the complete abolition of the death penalty (Ecuador);
As regards the ratification of ICCPR-OP 2, aiming at the abolition of the death penalty, Latvia informs that on 12 July 2011 the Government approved a legislative package on the accession to the Protocol No. 13 to the European Convention on Human Rights and Fundamental Freedoms concerning the abolition of the death penalty in all circumstances. Following the adoption of these draft laws by the Parliament and their entry into force, Latvia will evaluate the possibility of ratifying ICCPR-OP 2. Information about the state of implementation of this recommendation will be provided in the next report.

to consider

109
Completely abolish the death penalty (Spain);
atifying ICCPR-OP 2. Information about the state of implementation of this recommendation will be provided in the next report.

to consider

110
Recognize and ensure in the legislation the right of national minorities to receive information in the State and municipal sectors in their national/mother language in the places of their compact residence (Russian Federation);
The recommendation cannot be accepted. Under the Constitution, the Latvian language is the official language in Latvia. The Official Language Law prescribes the use of the official language for record-keeping and documents in State and local government institutions, courts and judicial institutions, State and local government undertakings, and companies where major share of capital is owned by the State or a local government. Correspondence and other type of communication with foreign states may take place in a foreign language. At the same time, the Latvian legislation provides for exceptions when information should be provided to a person in a language other than the official language to ensure that the human rights of those persons are observed. In its next report Latvia will continue providing information on this issue.

Refused

111
In accordance with the recommendations of international human rights institutions, grant to non-citizens, without delay, the right to participate in the political life of the country, including in municipal elections, and the opportunity to enjoy all economic, social and cultural rights (Russian Federation);
The recommendation is to be partly rejected. Latvia indicates that this recommendation has already been partly implemented, because non-citizens are granted economic, social and cultural rights, as well as a number of political rights, for instance, the right to join political parties and exercise their freedom of speech and assembly, thus participating in political life. One of the most significant instruments for promoting participation in decision-making process is local government councils and commissions for the matters of society integration and non-citizens. Latvia's position remains unchanged as to granting non-citizens the right to participate in municipal elections; the right to vote is seen as an integral part of citizenship. This position complies with international law and the existing practice. Non-citizens are ensured practical and effective access to the naturalisation process, which so far has been used by more than 140,000 non-citizens. Latvia accentuates that non-citizen's status is a temporary status and thus obtaining citizenship is the most effective way of expanding the scope of an individual's rights. In its next report, Latvia will provide further information on this matter.

Refused

112
Prevent violence against Roma women and girls, including harassment and abuse at school, and address the gaps in their formal education (Islamic Republic of Iran);
The recommendation can be partly accepted, as the competent state institutions which co-operate with Education authorities, schools, non-governmental organisations and the Roma Culture Society do not possess any information concerning the statement contained in the recommendation. At the same time it should be noted that regular monitoring is being carried out regarding the education opportunities and the quality of education for Roma pupils: statistical data about Roma pupils, education programmes and learning achievements are gathered from all education establishments. Schools are urged to provide additional assistance in cases when pupils have difficulties with learning specific subjects. A number of pre-school and general education establishments provide opportunities to learn about the Romany language, Roma culture and traditions through informal education. Education establishments also involve parents of Roma pupils in informal education. Several local governments ensure that education establishments employ Roma teaching assistants. Latvian project on Roma Teaching Assistants has been recognized by the Council of Europe as an example of good practice. Latvia intends to continue these measures. In its next report Latvia will provide further information on this matter.

Accepted

113
Revise its legislation to provide automatic acquisition of citizenship by children born to non-citizens after 21 August 1991 (Canada);
The recommendations are to be partly rejected. Latvia reminds that the defined circle of citizens is an integral part of a sovereign state. Latvia would like to emphasize that, presently, all non-citizens, including the children of non-citizens, are guaranteed a practical and effective access to Latvian citizenship through registration and/or naturalisation, which has so far been used by more than 140,000 non-citizens. This number as such already demonstrates the effectiveness of the process of citizenship and naturalisation. At the same time it should be noted that on 5 July 2011 the Government approved a number of regulations aimed at further simplification of administrative procedures of acquiring of Latvian citizenship, including granting Latvian citizenship to children born to non-citizens and stateless persons. In its next report Latvia will provide further information on this matter.

Refused

114
Follow through on the proposal to change the Citizenship Law to provide citizenship automatically to newborn children of non-citizen parents, unless the parents refuse it (Norway);
The recommendations are to be partly rejected. Latvia reminds that the defined circle of citizens is an integral part of a sovereign state. Latvia would like to emphasize that, presently, all non-citizens, including the children of non-citizens, are guaranteed a practical and effective access to Latvian citizenship through registration and/or naturalisation, which has so far been used by more than 140,000 non-citizens. This number as such already demonstrates the effectiveness of the process of citizenship and naturalisation. At the same time it should be noted that on 5 July 2011 the Government approved a number of regulations aimed at further simplification of administrative procedures of acquiring of Latvian citizenship, including granting Latvian citizenship to children born to non-citizens and stateless persons. In its next report Latvia will provide further information on this matter.

Refused

115
Seek to further decrease the number of non-citizens and to improve the social and political rights of non-citizens (Australia).
The recommendation can be partly accepted. Latvia will seek to further decrease the number of non-citizens. Further measures will be undertaken for the facilitation and optimization of the naturalization process, as well as for society integration. It must be indicated that non-citizens are ensured economic, social and cultural rights, as well as a number of political rights. At the same time, it should be noted that the state policy is to take care of the well-being of all its residents. In the next report Latvia will provide further information on this matter.

Accepted

116
Ratify the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (Paraguay);
Latvia rejects the recommendations to ratify ICRMW. Domestic legislation already guarantees most of the rights included in the said Convention; Latvia has also acceded to a number of international legal instruments which provide a broad framework for the protection of migrants' rights. Ratification of this convention is not on the agenda of the present Government.

Refused

117
Consider the ratification of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families pursuant to recommendation 1737 of 17 March 2006 of the Parliamentary Assembly of the Council of Europe, of which Latvia is a member (Algeria);
Latvia rejects the recommendations to ratify ICRMW. Domestic legislation already guarantees most of the rights included in the said Convention; Latvia has also acceded to a number of international legal instruments which provide a broad framework for the protection of migrants' rights. Ratification of this convention is not on the agenda of the present Government.

Refused

118
Promote long-term programmes and initiatives to effectively promote full national integration and combat structural discrimination, for example by including minority languages in official procedures and documents, as well as including prohibition of discrimination in the Civil Code (Mexico);
Latvia rejects the recommendation. From 2001, the national programme Society Integration in Latvia has been in force. Draft Guidelines for National Identity and Society Integration have been prepared and as of 10 August 2011 public consultations have been launched with the aim of improving the draft. With regard to including the prohibition of discrimination in the Civil Law, Latvia indicates that the Constitution and other laws include provision concerning a general prohibition of discrimination; besides, the work on the transposition of the relevant European Union's anti-discrimination directives is underway. The already adopted legislative amendments are sufficient and additional amendments to the Civil Law are not required. As regards the use non-official languages in official procedures and documents, Latvia indicates that under the Constitution the Latvian language is the official language in Latvia. Under the Official Language Law, in State and local government institutions, courts and judicial institutions, State and local government undertakings, and companies where major share of capital is owned by the State or a local government, the official language shall be used for record-keeping and documents. At the same time, Latvian legislation provides for exceptions when information should be provided to a person in a language other than the official language to ensure that the human rights of those persons are observed.

Refused

119
Adopt a specific programme to safeguard the rights of victims of torture and ill-treatment (Islamic Republic of Iran);
Either in short or in medium term Latvia is not planning to adopt a specific programme to safeguard the rights of victims of torture and ill-treatment. To date, no criminal offence involving torture has been recorded in Latvia. Neither have international monitoring mechanisms indicated that any practices of torture existed in Latvia. In any case, victims of crimes have access to various rehabilitation services, which would also be accessible for victims of torture and ill-treatment, as well as the right to receive state compensation for victims.

Refused

120
Introduce legislation that recognizes the diversity of forms of families and that provides same sex couples with the same rights and social security as couples of the opposite sex (Netherlands);
The recommendation cannot be accepted. Latvian legislation recognizes marriage as a union between a man and a woman.

Refused

121
Adopt effective steps to promptly eliminate an unacceptable system of non-citizenship. As a priority and urgent step, simplify the naturalization process for persons who have reached retirement age, as well as grant children of non-citizens the right to automatically acquire citizenship at birth (Russian Federation);
Latvia rejects the recommendation. Latvia reiterates its consistent position that the defined circle of citizens is an integral part of a sovereign state. Non-citizen's status is a temporary status. Latvia would like to emphasize that, presently, all non-citizens, including the children of non-citizens, are guaranteed a practical and effective access to Latvian citizenship through registration and/or naturalisation, which has so far been used by more than 140,000 non-citizens. This number as such already demonstrates the effectiveness of the process of citizenship and naturalisation.

Refused

122
Effectively comply with the 1954 Convention Relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness and pay particular attention to the 326,906 persons considered as non-citizens, A/HRC/18/9 21 and therefore stateless persons. Pay special and urgent attention and provide a solution to this severe and current humanitarian problem (Ecuador).
Latvia rejects the recommendation. The status of Latvia's non-citizen is a specific legal status with temporary character that has emerged under specific historical circumstances, when Latvia regained its independence after 50 years of Soviet occupation and shortly afterwards the USSR itself ceased to exist. Latvia's non-citizens cannot be compared with any other legal status of a person as defined in international law. Latvian non-citizens cannot be regarded as stateless persons in the meaning of the 1954 Convention relating to the Status of Stateless Persons, as protection afforded to non-citizens is far broader than what is required by the Convention for stateless persons. Non-citizens of Latvia is the only category of residents who are not Latvian citizens, but who enjoy the right to reside in Latvia ex lege (all others require a residence permit) and an immediate right to acquire citizenship through registration and/or naturalisation (depending on age). Likewise, Latvia undertakes certain obligations with regard to these persons: guarantees diplomatic protection abroad, as well as the right to return to Latvia and not to be extradited from Latvia.

Refused

Documents
Report of the Working Group
National Report
Compliation of UN information
Summary of stakeholders' information
+ Other documents
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