Human rights in Latvia: Difference between revisions

Human rights in Latvia are generally respected by the government, according to the US Department of State and Freedom House.^{[1] [2]} Latvia is ranked above-average among the world's sovereign states in democracy,^[3] press freedom,^[4] privacy ^[5] and human development.^[6] The country has a large ethnic Russian community, which has basic rights guaranteed under the constitution and international human rights laws ratified by the Latvian government.^{[1] [7]}

However, human rights organisations have reported multiple problems. Especially non-citizens – including stateless persons – suffer from limited or no access to a broad range of rights. Also there were problems with police abuse of detainees and arrestees, poor prison conditions and overcrowding, judicial corruption, discrimination against women, incidents of violence against ethnic minorities, and societal violence and incidents of government discrimination against homosexuals.^{[1] [8] [9]}

As of end-2017, European Court of Human Rights has delivered 100 judgments in cases against Latvia (beginning from 2001); in 83 cases, it has found violations of the European Convention on Human Rights or its protocols.^[10]

UN Human Rights Committee has adopted views in four cases ination in basic human rights treaties===

According to Amnesty International, non-citizens – including stateless persons – suffer from limited or no access to a broad range of rights, including the right to participate in political processes, and the right to employment in the civil service and private sector. The majority of them were born or lived almost their entire lives in Latvia. Non-citizens also have restrictions on property ownership.^[8]

Amnesty International reported racially motivated attacks against Romani people. Latvia lacks of comprehensive national legislation dealing with all forms of discrimination. Lesbian, gay, bisexual and transgender (LGBT) people have faced discrimination by verbal abuse. There were reported allegations of deliberate physical ill-treatment of detainees by prison staff.^[8]

Human Rights Watch reported in 2006 the attacks on peaceful lesbian and gay pride activists in Riga on July 22. Earlier, Riga City Council denied an application by lesbian, gay, bisexual and transgender (LGBT) organizations for "Riga Pride 2006". The banned march were targeted by crowds of anti-gay protesters.^[9] In 2009 the gay march was allowed by Administrative Court of Riga.^[34]

According to Freedom House, Latvia has wide civil liberties. Also political rights are in a high level, though the country suffered high-profile corruption scandals during 2007. The government generally respects freedom of speech, freedom of press, and freedom of religion. Academic freedom is respected in law and in practice. Freedom of assembly and association are protected by law and in practice.^[2] The highly competitive Latvian mass media are proving to be reliable sources of information and watchdogs against governmental abuses of power.^[7]

While the constitutional guarantee of judicial independence is generally respected, corruption in the judicial and law enforcement systems continues to be a problem. Pretrial detentions are long, police use excessive force against detainees, and prisons suffer from overcrowding and inadequate medical care. Women enjoy the same legal rights as men, but they often face employment discrimination.^[2]

Alleged discrimination suffered by the Russian-speaking community continues to be debated. Parliament has appointed an ombudsman responsible for protecting the rights of individuals in relation to the government. Two men were sentenced to prison terms in January 2007 for attacking a Rwandan citizen. The case marked the first sentencing under a law prohibiting instigation of racial hatred.^[2]

According to Human Right Report of United States Department of State, Latvia generally respects the human rights of citizens and the large resident noncitizen community. However, there were problems with serious police abuse of detainees and arrestees, poor conditions at police detention facilities, poor prison conditions and overcrowding, judicial corruption, obstacles to due process, official pressure to limit freedom of speech, violence against women, child abuse, trafficking in persons, incidents of violence against ethnic minorities, and societal violence and incidents of government discrimination against homosexuals.^[1]

After restoration of independence in 1991, many residents of Latvia weren't acknowledged to be its citizens. As at January 2011, so-called non-citizens (more than by 99% — representatives of the ethnic minorities, mostly Russians) exceed 14% of the population. Russian language, being native for more than 37% of residents according to 2000 census, is considered to be foreign language in the Official Language Law; the possibilities to use it in communication with authorities and in public education were significantly reduced after 1991.

Like in many post-socialist countries, a restitution of real estate has taken place in Latvia. Therefore, a considerable part of former tenants of public housing found themselves in private housing, with higher rent. Rent control for such dwellings was, after multiple extensions, phased out in 2007.

Since 2003, conflicts concerning freedom of assembly are often: on various occasions, gatherings of LGBT^[35] and counter-meetings,^[36] commemorations of Latvian Legion of SS soldiers^[37] and counter-meetings,^[38] meetings of the Russian School Defense Staff ^[39] were banned or limited.

Limitations to eligibility and their enforcement were in the focus of several ECtHR judgments in cases against Latvia (Ādamsons v. Latvia, Ždanoka v. Latvia, Podkolzina v. Latvia ) and UN Human Rights Committee views in case Ignatāne v. Latvia .

In the local elections of 2009, 79.7% of elected councillors indicated their ethnicity as ethnic Latvians, 65.5% were male.^[40] In the parliamentary elections of 2014, 81 of 100 elected MPs were males, 71 indicated their ethnicity as ethnic Latvians.^[41] For comparison, at the beginning of 2010 ethnic Latvians were 59.4% of the population (and 71.8% among citizens)^[42] and women — 53.9%.^[43]

As of January 2017, the minimum monthly salary was 380 EUR^[44] and the minimum old-age pension was 70.43 EUR.^[45]

The average calculated age pension in November 2014 was 285.90 EUR.^[46] Average net salary in September 2014 was EUR 556 (varying from EUR 389 in Latgale to EUR 627 in Riga).^[47]

The unemployment rate at the end of December 2014, was 8.5% according to the State Employment Agency, varying between 5.2% in Riga region and 17.8% in Latgale.^[48] Ethnic minorities and persons not indicating ethnicity composed 45.5% of the unemployed in the end of December 2014.^[49]

Life expectancy at birth was estimated as 72.93 years in 2012.^[50] In 2011, there were 6.3 outpatient visits to physicians per capita, 58.8 hospital beds and 39.1 physicians per 10 000 population.^[51]

Pre-school education and nine-year basic education are compulsory. Secondary education (forms 10-12) is free in public schools. However, according to the Ombudsman, the constitutional principle of free education is violated by the practice of parents having to buy textbooks.^[52] According to the 2000 census, 13.9% of those aged 15 and older and giving answers on own education had obtained higher education.^[53] In 2011, 94.6% of basic school (9 years) graduates had continued their studies, as well as 63.6% of secondary school graduates had done.^[54]

Human rights are granted by Chapter VIII of the Constitution^[55] — "Fundamental Human Rights", adopted in 1998 and consisting of 28 articles. It includes both first-generation and second-generation human rights as well as some third-generation human rights: rights of persons belonging to ethnic minorities and right to live in a benevolent environment. Article 116 defines goals allowing limitations of certain human rights: these are the rights of other people, the democratic structure of the state, public safety, welfare and morals.

Until adopting this chapter the core law in the field of human rights was the Constitutional Law "The Rights and Obligations of a Citizen and a Person", adopted in 1991.^[56]

• Since 1990, a committee on human rights exists in the parliament of Latvia (initially it was called Committee on Human Rights and Ethnic Affairs,^[57] currently — Human Rights and Public Affairs Committee^[58] )
• Since 1996, the Constitutional court exists. Private persons can submit applications concerning their constitutional rights to it since 2001.^[59]
• In 1993—1995, the office of State Minister for Human Rights had existed.^{[60] [61]} In 1998, the office of Representative of the Government before International Human Rights Organisations was founded.^[62]
• In 1995, National Human Rights Office was created,^[63] transformed into Ombudsman's Office since 2007.
• Several NGOs also concern themselves with the state of human rights in Latvia, among them the Latvian Centre for Human Rights and the Latvian Human Rights Committee.

• Democracy Index, 2008: 46 out of 167^[3]
• Worldwide Press Freedom Index, 2010: 30 out of 178.^[4]
• Worldwide Privacy Index, 2007: 13 out of 37.^[5]
• Worldwide Quality-of-life Index, 2005: 66 out of 111.^[64]
• Human Development Index, 2008: 44 out of 179.^[6]
• Freedom in the World, 2008: Political rights score: 2 and Civil liberties score: 1 (1 being most free, 7 least free).^{[2] [7]}
• Global Corruption Report, 2007: 49 out of 163.^[65]

• ECtHR cases involving Latvia and decided on merits by the Grand Chamber:
  • Slivenko v. Latvia
  • Ždanoka v. Latvia
  • Andrejeva v. Latvia
  • Kononov v. Latvia
• Internet censorship and surveillance in Latvia
• LGBT rights in Latvia
• Russians in Latvia
• Latvian nationality law

• Poleshchuk, Vadim (ed.). Chance to Survive: Minority Rights in Estonia and Latvia (PDF). Aleksei Semjonov. Estonia, Moscow, Paris: Institute of Democracy and Cooperation, Foundation for Historical Outlook and Legal Information Centre for Human Rights. ISBN 978-9949-18-818-5. Archived from the original (PDF) on 13 March 2011. Retrieved 18 April 2010. {{cite book}}: Unknown parameter |deadurl= ignored (|url-status= suggested) (help)

• Constitution

Public authorities

• Ombudsman’s Office
• Case-law of the Constitutional Court
• Representative of the Government before International Human Rights Organisations
• Human Rights Institute of the University of Latvia

Intergovernmental organizations

• Human rights in Latvia in the website of Office of the United Nations High Commissioner for Human Rights
• Report on visit to Latvia by CoE Commissioner for Human Rights, 2004
• Memorandum to the Latvian Government by CoE Commissioner for Human Rights, 2007
• ODIHR documents concerning election observation in Latvia

Other states

• US Department of State Country Report on Human Rights Practices in Latvia in 2016
• List of main claims and recommendations of international organizations and NGO to Latvia as regards rights of national minorities (compilation by Russian MFA, 2003)
• Report on the situation with human rights in certain states Russian MFA, 2011
• Report on the human rights situation in the European Union Russian MFA, 2012 — pp. 41–42

NGOs from Latvia

• Latvian Centre for Human Rights
• Latvian Human Rights Committee

International NGOs

• Information on Latvia in the 2007, 2008, 2009, 2010 ^{[permanent dead link ‍]} Amnesty International Reports
• Information on Latvia on the website of the British Helsinki Human Rights Group
• Information on Latvia in the website "Minority Electronic Resources"
• Latvia: The Perilous State of Nationality Rights, a 2011 report focusing on statelessness by Refugees International

• Human rights in Latvia

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