163. El 13 de diciembre de 2012, se aprobaron las enmiendas a la Ley Penal que establecen la responsabilidad penal por contraer matrimonio de mala fe para adquirir el derecho de estancia en Letonia, otro Estado miembro de la UE, un Estado miembro del Espacio Económico Europeo o la Confederación Helvética. Desde la entrada en vigor de esa disposición, la Policía del Estado ha incoado 29 causas penales relativas a matrimonios de complacencia celebrados entre ciudadanos de la UE y nacionales de terceros países con el fin de obtener el permiso de residencia en la UE.
164. A fin de hacer frente al problema de los matrimonios de complacencia en Letonia y Europa, el Ministerio del Interior ha puesto en marcha el proyecto “Prevención de la Trata de Personas y los Matrimonios de Complacencia: Solución Pluridisciplinaria (HESTIA)”, cofinanciado por el programa “Prevención y Lucha contra la Delincuencia” de la UE. Las actividades realizadas en el marco del programa conforman un conjunto de medidas destinadas a crear conciencia y de splegar una intervención global para prevenir esta forma de trata de personas67.
165. El Albergue “Centro de Acogida” contribuye de manera significativa a la sensibilización de la opinión pública acerca de los riesgos de los matrimonios de
complacencia, por ejemplo mediante la campaña informativa “La Libertad Vendida”
que se llevó a cabo entre agosto de 2012 y febrero de 2013.
Notas
1 At that moment, 17 supported recommendations were already implemented or were in the process of implementation.
2 The working group consisted of representatives from the Ministry of Foreign Affairs, the Ministry of the Interior, the Ministry of Education and Science, the Ministry of Culture, the Ministry of Welfare, the Ministry of Justice, the Ministry of Health, the Ministry of Environmental Protection and Regional Development as well as the General Prosecutor's Office and the State Police.
3 The report was reviewed and approved by the Cabinet of Ministers (“CM”) on 15 September 2015.
4 Data source: the Register of Enterprises of the Republic of Latvia.
5 Including psycho-social assistance, including consultations of lawyer or social worker; translator’s services; assistance in preparation of legal documents; and, if necessary, representation before court.
6 State funding for social rehabilitation for victims of human trafficking has been increased considerably - in 2011 –41,250 EUR; in 2012 –87,794 EUR; in 2013 –93,384 EUR; in 2014 – 159,378 EUR.
7 The plan, inter alia, aims to reduce perinatal mortality and maternal mortality by planned and coordinated measures in three areas: improvement of maternal and child health, treatment of infertility, and cross-sectoral cooperation.
8 Statistical data about citizenship issues.
Registering of the status of citizen of Latvia
Applications 2011 2012 2013 2014
Number of applications
No data available No data available No data available 8314
Status of citizen was registered (persons)
5014 5250 5335 7685
Source: Office of Citizenship and Migration Affiars Recognition of a child as a Latvian citizen
2011 2012 2013 2014
Number of applications
No data available No data available 704 631
Number of children recognized as a citizen of Latvia
576 741 637 616
Source: Office of Citizenship and Migration Affairs Number of naturalization applications
Source: Office of Citizenship and Migration Affairs
Number of children of non-citizens born in Latvia after 21 August 1991 with right to receive the
Source: Office of Citizenship and Migration Affairs
Number and proportion of children of citizens and non-citizens who were born in 2011–2014 Year of birth Amount of citizens Citizens (%) Amount of non-citizens Non-citizens (%)
2011 17,919 97.34 397 2.16
2012 19,032 98.03 260 1.34
2013 19,881 99.07 186 0.93
2014 21,293 99.61 83 0.39
Source: Office of Citizenship and Migration Affairs
Number of children of non-citizens to whom the citizenship of Latvia has been granted
Amount of children in age under 15 Amount of children in age from 15 to 18
Year
Source: Office of Citizenship and Migration Affairs
9 The project is implemented by institutions and NGO’s of Latvia, Lithuania, Estonia, Finland, Slovakia, Ireland. Project activities include national and regional discussions in five countries, preparation of the report, experts’ training, and informative activities.
10 It is expected that the new institution will conduct the pre -trial investigation in relation to all criminal offences committed by officials and employees of institutions subordinated to the Ministry of Interior (except officials and employee s of the Security Police) as well as criminal offences committed by officials of the Prison Administration, municipal police and employees of the Port Police, if they are related to violence.
11 The individual applications addressed a wide range of issues , including conditions in prisons and detention centres, right to access to court, prohibition of discrimination in the field of employment.
12 In 2012 the support provided by the Government to the Ombudsman’s Office was increased to 952,171 EUR; in 2013 – 952,939 EUR; and in 2014 –1,126,296 EUR.
13 Between 2011 and 2015, the Ombudsman’s Office prepared reports on the following topics: the rights of children; the rights to obtain free basic and general education and providing of such rights in educational institutions established by local governments; risk of poverty in Latvia;
national social care centres; the rights for providing fair trial in court sittings using video conference; the quality of housings offered in scope of local governments’ help; biling ual education; utilization of EU financial instruments and national budget funds for integration of Roma.
14 In 2013, the UN Committee against Torture examined the periodic report of Latvia on the implementation of the 1984 Convention against Torture and O ther Cruel, Inhuman or Degrading Treatment or Punishment, whereas in 2014 the UN Human Rights Committee examined the periodic report of Latvia on the implementation of the 1966 International Covenant on Civil and Political Rights. In January 2016, the UN Committee on the Rights of the Child will examine the periodic report of Latvia on the implementation of the 1989 Convention on the Rights of the Child and initial reports about implementation of two Optional Protocols of the Convention – on the fight against the involvement of children in armed conflict and on the fight against the sale of children, child prostitution and child pornography.
15 The amendments have been adopted to ensure consistency with Article 78 and Article 150 of the CL which provide for criminal liability for inciting to racial, ethnic, national, social hatred and enmity.
16 Educational and informative events have been organized; training workshops for employees of public administration and local government institutions, employers, journa lists, and specialists of different professions have been arranged; educational activities for different social groups about third-countries nationals and their integration have been implemented; NGOs’ projects including Roma have been supported in order to provide them with comprehensive access to services and participation in development of the civil society.
17 For the first time such conference was organized in 2012.
18 Computer-skills training for seniors and socially isolated persons in the regions of Latvia (6680 seniors participated in the training); a research about obstacles for employment of persons in pre -pension age was conducted; the senior-friendliest undertaking was identified; and awareness raising measures were organized in regions of Latvia.
19 Very wide range of activities was implemented during the project, including establishing
cooperation network among public administration institutions and NGOs; preparing guidelines for development of effective monitoring system of anti -discrimination policies; carrying out public awareness raising activities and implementing measures aimed at Roma integration with a focus on education.
20 Overall, approximately 50 events were held including conferences, seminars, discussions, and exhibitions.
21 In their courses such issues as the prohibition to torture and other cruel, inhuman or degrading treatment or punishment, prevention of human trafficking, psychological and legal aspects of police conduct in cases of sexual violence, domestic violence are discu ssed.
22 For example, in 2015, training on the application of human rights in criminal and administrative procedure, rights of the child and other issues was offered to judges.
23 The amendments were prepared considering conclusions and proposals included in the informative report “About legal framework in relation to liability for incitement of national or ethnic hatred, invitation to liquidate national independence or undermine the territorial integrity and desecration of State symbols” supported in the CM meeting of 17 June 2014.
24 Number of criminal cases passed over to the court and accused persons brought to justice for committing of the criminal offence provided for in Section 78 of the Criminal Law (triggering of national, ethnic and racial hatred)
Number of criminal offences passed over to court Number of accused persons brought to justice
Year
Source: The Public Prosecutor’s Office of the Republic of Latvia
25 See Annex I.
26 The report can be submitted to the State Police or the Security Police (in presence, by telephone, or in writing) or by using portals http://www.naidanoziegumi.lv (in Latvian) and
http://cilvektiesibas.org.lv (in Latvian, Russian, and English). Information received by portals is handed over to the law enforcement agencies.
27 During the project, 5 training cycles took place in total and the “Teachers’ Guide” and brochure about identifying of hate crimes for the police were elaborated. In 2014, the second edition of the brochure was published.
28 During the period from 2012 to 2014, in total 344 teachers of bilingual education participated in the professional development program provided by the Latvian Language Agency, and it has been planned that 168 teachers will participate in the training in 2015. In 2014, the National Centre for Education organized seminars and conferences for minority language teachers on improving pupil’s reading skills at all levels of education; in total, approximately 420 teachers participated in these events.
29 The Supervisory Council on the Implementation of the Guidelines on National Identity, Civil Society and Integration Policy; the Advisory Council for Implementation of Roma Integration Policy; the Minority NGO Committee (established as the Committee of National Minority Organisations’ Representatives for the Monitoring of the Implementation of the Council of Europe Framework Convention for the Protection of National Minorities); the Advisory Council for Integration of Third-country Nationals. Also the President’s Advisory Council on National Minorities and the Advisory Council on Minority Education Affairs under the Ministry of Education and Science.
30 The Ministry has planned to provide such support to 160 educators in 2015.
31 Content and Language Integrated Learning.
32 Its aim is to promote Roma integration policy, to evaluate its implementation and to facilitate civic participation of Roma community.
33 Latvia’s non-citizens are not stateless persons within the meaning of the 1954 Convention relating to the Status of Stateless Persons, given the much wider scope of noncitizens’ rights; in relation to such individuals Latvia has undertaken particular obligations – it guarantees ex lege residence in Latvia, consular protection abroad, as well as the right to return to Latvia and the right not to be expelled from Latvia. Non-citizens enjoy most of the rights guaranteed to Latvian citizens. Every non-citizen has the right to acquire Latvian citizenship through naturalization; and Latvia has provided all preconditions to motivate persons with non-citizen status to acquire Latvian citizenship and to have a possibility to do so.
34 See Annex II.
35 The guide is available in Latvian, Russian and English on web site http://celvedis.pmlp.gov.lv/lv/.
The guide enables each interested person to find information about the ways of becoming a Latvian citizen, acquaints with procedures and documents required for acquiring o f citizenship.
36 See Annex III.
37 The decision-making terms was optimized stipulating that the period for taking of decision on the acceptance of an application for examination or leaving it without examination is prolonged from 5 to 10 working days, while the period for taking of decision on the examination of an application under accelerated procedure is reduced from 10 to 5 days.
38 In 2015, adoption of a new Asylum Law is envisaged with an aim to transpose into the national legislation the directives of the European Parliament and of the Council on common procedures for granting and withdrawing international protection and on standards for the reception of applicants for international protection.
39 In 2014, the SIF continued the implementation of the project “National Integration Centre” that operates as a structure for supporting and promoting of third -countries nationals’ integration – it serves as a one-stop agency for persons involved in the integration process.
In December of 2013, the society “Shelter “Safe House”” with the support from the European Refugee Fund launched the project “Expanding of Integration Possibilities for Refugees, Beneficiaries of Alternative Status and Asylum Seekers” aimed at ensuring the basic needs of the target group by offering assistance of various specialists in solving problematic issues and providing material support.
In the framework of the project courses of the Latvian language and everyday speech clubs are organized to promote inclusion of the project target gro up into society. Furthermore, 65 persons (including 20 children) have received consultations or social assistance, and informative materials about housing, work and education possibilities – “10 steps of Finding a Place to Live”, “10 steps of Job Search” and “10 steps to Education” – have been prepared and are available electronically in English and Russian.
In the framework of the project Diverse Solutions for Public Education and Integration
implemented by the Centre for Public Policy PROVIDUS (19 Decembe r 2012 – 30 June 2013), the Centre established a website (http://dzivotlatvija.lv) on rights and opportunities of third -country nationals in Latvia. The portal also summarizes information about fictitious marriages.
40 Total restriction of capacity to act is no longer possible. The capacity to act for a person with mental or other health disorders may be restricted to the extent he or she cannot understand the meaning of his or her actions or cannot control them. Capacity to act of such a person may be restricted, if it is necessary in the interests of this person and it is the only way to protect him or her. In such case trusteeship is established for such person. When assessing the abilities of a person, the court must first determine whether and to what e xtent a trustee with a person under trusteeship act together and only after that – whether and to what extent the trustee acts independently. In addition, a person cannot be restricted in personal non -financial rights (for example, marriage) and in defending of his or her rights and lawful interests in institutions and court in relation to restrictions of his or her capacity to act and freedom, disagreements, disputes with trustee and appointment and removal of the trustee. The capacity to act can be restri cted in specific areas of property rights only (for example, in financial issues and rights to administer his or her property).
41 By a future authorization an authorizing person instructs an authorized person to conduct his or her matters in case the authorizing person, due to health disorders or other reasons or condition, will not be able to understand the meaning of his or her action and will not be able to control his or her action.
42 Psychological services have been provided to children/youth in age up to 18 years with disability that is established for the first time (and to their legal representatives). In 2012, the service of assistant was introduced in educational institutions for children/youth in age between 5 and 18 years, thus strengthening the inclusive education and ensuring the needs of children in the process of education. If required, the services of sign language interpretation are provided for children with disabilities in acquiring of educational program. Since 2013, the service of assi stant for up to 40 hours per week is available in local governments for persons with disabilities in order to help with certain outdoor activities; in addition, the service of sign language interpretation for up to 120 hours per year is provided to adults for communication with other natural and legal persons.
43 Pilot project on support persons are being elaborated with the aim of providing assistance to disabled persons with mental disorders in performing daily tasks where there is a need for assistance in communication with third parties (in shops, banks, health centres);
The work continues on the service “A Moment of Rest” which is intended to promote parents’
inclusion in socially economic life despite the fact that they care for a child with disabiliti es, and the service of assistant for children under the age of 5 to reduce to the maximum extent possible the exclusion risk both to the child with disabilities and his or her parents;
Negotiations continue with higher education institutions in Latvia, the Students’ Union, the Ministry of Education and Science, and NGOs about providing the service of assistant to persons with disabilities in acquiring the higher education in order to ensure accessible and inclusive life -long education;
The first stage of improving the system of establishing the disability has been concluded; this stage provides for transition to written process and the possibility for the person to participate more actively in the expert-examination for the establishment of disability;
The concept of Social Entrepreneurship is developed with the aim of promoting socially responsible entrepreneurship.
44 Allowance to persons with disability who need special care has been increased by 50%; the State social security benefit to persons with I disability group has been increased by 30%; to persons with II disability group – by 20%. In total, amount of allowances to persons with disabilities has been increased by 30%.
45 To ensure gender-mainstreaming at all policy levels and sectors, each ministry and the State Chancellery has delegated an official who is responsible for promotion of gender equality principles in the respective sector.
46 The Plan set four main lines of action and measures for their implementation: elimination of gender roles and stereotypes, promotion of healthy and environment-friendly lifestyle for women and men, promotion of economic independence and equal opportunities in labour market for women and men, and monitoring and evaluation of gender equality policy. To establish a fur ther framework for gender equality policy, it is planned to elaborate the Guidelines on Equality between Women and Men (2016-2020) and to submit them to the CM by the end of 2015.
47 This document addresses the labour market segregation and the lack of bal anced representation of women and men in different sectors of the labour market that has an impact on formation of the pay gap.
48 Measures have been implemented to promote the reconciliation of work and family informative and educational activities, improvement of child care services and introduction of flexible working hours and forms.
49 Article 48(1)15) provides that the criminal offence related to violence or threats of violence, or the criminal offence against morality and sexual inviolability was com mitted against a person to whom the perpetrator is related in the first or the second degree of kinship, against the spouse or former spouse, or against a person with whom the perpetrator is or has been in unregistered marital relationship, or against a person with whom the perpetrator has a joint (single) household.
50 Pursuant to the amendments, Article 159 of the Criminal Law provides for criminal liability for rape – an act of sexual intercourse taking advantage of the state of helplessness of a victim or an act of sexual intercourse against the will of the victim by means of violence, threats or using trust, authority or exerting other influence over the victim, for which the applicable punishment is deprivation of liberty for a term of four and up to t en years and with probationary supervision for a
50 Pursuant to the amendments, Article 159 of the Criminal Law provides for criminal liability for rape – an act of sexual intercourse taking advantage of the state of helplessness of a victim or an act of sexual intercourse against the will of the victim by means of violence, threats or using trust, authority or exerting other influence over the victim, for which the applicable punishment is deprivation of liberty for a term of four and up to t en years and with probationary supervision for a