This section needs to be updated.(April 2020) |
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 relatively 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]
In March 2020, Latvia derogated from some of its obligations under ECHR [10] and ICCPR, [11] having referred to the COVID-19 outbreak.
As of end-2019, European Court of Human Rights has delivered 144 judgments in cases against Latvia (beginning from 2001); in 115 cases, it has found violations of the European Convention on Human Rights or its protocols. [12]
UN Human Rights Committee has adopted views in three cases involving Latvia, as at 2020, in two cases finding violation of ICCPR (Raihman v. Latvia and Ignatāne v. Latvia). [13] In 2001, Latvia has extended a standing invitation to Special Procedures of UN Human Rights Council. [14] In 1990, Latvia has acceded to UDHR in an atypical move, which is understood in jurisprudence as accepting the declaration as binding. [15]
UN core treaties [16] | Participation of Latvia | CoE core treaties [17] | Participation of Latvia |
Convention on the Elimination of All Forms of Racial Discrimination | Accession in 1992, declaration allowing individual complaints isn't made | European Convention on Human Rights | Ratified in 1997 |
International Covenant on Civil and Political Rights | Accession in 1992 | Protocol 1 (ECHR) | Ratified in 1997 |
First Optional Protocol (ICCPR) | Accession in 1994 | Protocol 4 (ECHR) | Ratified in 1997 |
Second Optional Protocol (ICCPR) | Accession in 2013 | Protocol 6 (ECHR) | Ratified in 1999 |
International Covenant on Economic, Social and Cultural Rights | Accession in 1992 | Protocol 7 (ECHR) | Ratified in 1997 |
Convention on the Elimination of All Forms of Discrimination Against Women | Accession in 1992 | Protocol 12 (ECHR) | Signed in 2000 |
Optional Protocol (CEDAW) | Not signed | Protocol 13 (ECHR) | Ratified in 2012 |
United Nations Convention Against Torture | Accession in 1992, declaration allowing individual complaints isn't made | European Social Charter | Ratified in 2002 |
Optional Protocol (CAT) | Not signed | Additional Protocol of 1988 (ESC) | Signed in 1997 |
Convention on the Rights of the Child | Accession in 1992 | Additional Protocol of 1995 (ESC) | Not signed |
Optional Protocol on the Involvement of Children in Armed Conflict (CRC) | Ratified in 2005 | Revised European Social Charter | Ratified in 2013 |
Optional Protocol on the sale of children, child prostitution and child pornography (CRC) | Ratified in 2006 | European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment | Ratified in 1998 |
Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families | Not signed | European Charter for Regional or Minority Languages | Not signed |
Convention on the Rights of Persons with Disabilities | Ratified in 2010 | Framework Convention for the Protection of National Minorities | Ratified in 2005 |
Optional Protocol (CRPD) | Ratified in 2010 | Convention on Action against Trafficking in Human Beings | Ratified in 2008 |
Experts' body | State report | Document by experts' body | State response |
Human Rights Committee | 2012 [18] | 2014 [19] | |
Committee on Economic, Social and Cultural Rights | 200? [20] | 2021 [21] | . |
Committee on the Elimination of Racial Discrimination | 2017 [22] | 2018 [23] | . |
Committee Against Torture | 2018 [24] | 2019 [25] | . |
Committee on the Rights of the Child | 2013 [26] | 2016 [27] | . |
Committee on the Elimination of Discrimination Against Women | 2018 [28] | 2020 [29] | . |
European Committee on Social Rights | 2020 [30] | 2020 [31] | . |
Committee for the Prevention of Torture | not foreseen | 2016 [32] | 2017 [33] |
FCNM Advisory Committee | 2016 [34] | 2018 [35] | 2014 [36] |
European Commission against Racism and Intolerance | not foreseen | 2018 [37] | 2019 [38] |
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 28. Earlier, Riga City Council denied an application by lesbian, gay, bisexual and transgender (LGBT) organizations for “Riga Pride 2006”. The banned march was targeted by crowds of anti-gay protesters. [9] In 2009 the gay march was allowed by Administrative Court of Riga. [39]
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 the restoration of independence in 1991, those who or whose ancestors had not been citizens of Latvia prior to its Soviet occupation in 1940 were not automatically granted citizenship. As of January 2011, non-citizens exceed 14% of the population. Russian language, being native for more than 37% of residents according to the 2000 census, is considered to be a 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, 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 [40] and counter-meetings, [41] Remembrance Day of the Latvian Legionnaires [42] and counter-meetings, [43] meetings of the Headquarters for the Protection of Russian Schools [44] 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. [45] In the parliamentary elections of 2014, 81 of 100 elected MPs were males, 71 indicated their ethnicity as ethnic Latvians. [46] For comparison, at the beginning of 2010 ethnic Latvians were 59.4% of the population (and 71.8% among citizens) [47] and women—53.9%. [48]
As of January 2021, the minimum monthly salary is 500 EUR and the minimum old-age pension is 149.6 EUR. [49]
The average calculated age pension in October 2020 was 403.41 EUR. [50] Average net salary in 2019 was EUR 793 (varying from EUR 565 in Latgale to EUR 883 in Riga). [51]
The unemployment rate at the end of November 2020, was 7.4% according to the State Employment Agency, varying between 5.7% in Riga region and 15.1% in Latgale. [52] Ethnic minorities and persons not indicating ethnicity composed 45.5% of the unemployed in the end of December 2014. [53]
Life expectancy at birth was estimated as 75.4 years in 2020. [54] In 2011, there were 6.3 outpatient visits to physicians per capita, 58.8 hospital beds and 39.1 physicians per 10 000 population. [55]
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. [56] According to the 2000 census, 13.9% of those aged 15 and older and giving answers on own education had obtained higher education. [57] 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. [58]
Human rights are granted by Chapter VIII of the Constitution [59] —"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. [60]
Human rights in Europe are generally upheld. However, several human rights infringements exist, ranging from the treatment of asylum seekers to police brutality. The 2012 Amnesty International Annual Report points to problems in several European countries. One of the most accused is Belarus, the only country in Europe that, according to The Economist, has an authoritarian government. All other European countries are considered to have "some form of democratic government", having either the "full democracy", "flawed democracy", or a "hybrid regime".
The human rights situation in Cambodia is facing growing criticisms both within the country and from an increasingly alarmed international community. After a series of flagrant violations against basic human rights a feeling of incertitude regarding the direction the country is emerging, sometimes comparing the situation to a newborn Burma.
The Framework Convention for the Protection of National Minorities (FCNM) is a multilateral treaty of the Council of Europe aimed at protecting the rights of minorities. It came into effect in 1998 and by 2009 it had been ratified by 39 member states.
Human rights in Kyrgyzstan improved after the ouster of President Askar Akayev in the 2005 Tulip Revolution and the installment of a more democratic government under Roza Otunbayeva. While the country is performing well compared to other states in Central Asia, many human rights violations still take place. While LGBT rights have been declining in recent years, freedom of press has been improving.
According to the U.S. Department of State's annual report on human rights in Mali for 2003, Mali's government generally respects the human rights of its citizens and observes relevant constitutional provisions and prohibitions.
North Macedonia is a signatory to the European Convention on Human Rights and the U.N. Geneva Convention relating to the Status of Refugees and Convention against Torture, and the Constitution of North Macedonia guarantees basic human rights to all citizens.
International organizations have frequently alleged that Azerbaijan has violated human rights standards established in international law.
International human rights organizations, along with the United Nations, and the United States Department of State, have reported human rights violations committed by the State of Israel, particularly against minority groups. These reports include violations of the rights of Palestinians, both inside and outside Israel as well as other groups in Israel.
Human rights in Armenia tend to be better than those in most former Soviet republics and have drawn closer to acceptable standards, especially economically. In October 2023, Armenia ratified the Rome statute, whereby Armenia will become a full member of the International Criminal Court.
Human rights in Bangladesh are enshrined as fundamental rights in Part III of the Constitution of Bangladesh. However, constitutional and legal experts believe many of the country's laws require reform to enforce fundamental rights and reflect democratic values of the 21st century.
Human rights in Cyprus are protected by the constitution of the Republic of Cyprus.
Non-citizens or aliens in Latvian law are individuals who are not citizens of Latvia or any other country, but who, in accordance with the Latvian law "Regarding the status of citizens of the former USSR who possess neither Latvian nor other citizenship," have the right to a non-citizen passport issued by the Latvian government as well as other specific rights. Approximately two thirds of them are ethnic Russians, followed by Belarusians, Ukrainians, Poles, and Lithuanians.
Human rights are codified in the Dutch constitution. Together with other European states, the Netherlands is often at or near the head in international civil liberties and political rights rankings. Per year there are about 6,000 victims of and 100 convictions for human trafficking. Despite this, the Netherlands is considered to have one of the best human rights records in the world.
Articles 4 and 114 of the Constitution of Latvia form the foundation for language policy in Latvia, declaring Latvian to be the official state language and affirming the rights of ethnic minorities to preserve and develop their languages. Livonian language is recognized as "the language of the indigenous (autochthon) population" in the Official Language Law, but Latgalian written language is protected as "a historic variant of Latvian." All other languages are considered foreign by the Law on State Language. Latvia provides national minority education programmes in Russian, Polish, Hebrew, Ukrainian, Estonian, Lithuanian, and Belarusian.
Human rights in Poland are enumerated in the second chapter of its Constitution, ratified in 1997. Poland is a party to several international agreements relevant to human rights, including the European Convention on Human Rights, the Universal Declaration of Human Rights, the Helsinki Accords, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights and the Convention on the Rights of the Child.
Liechtenstein, a multiparty constitutional monarchy with a unicameral parliament and a government chosen by the reigning prince at its direction, is generally considered to be a prosperous and free country that is also generally considered to have an excellent human-rights record.
Human rights in Estonia are acknowledgedas being generally respected by the government. Nevertheless, there are concerns in some areas, such as detention conditions, excessive police use of force, and child abuse. Estonia has been classified as a flawed democracy, with moderate privacy and human development in Europe. Individuals are guaranteed on paper the basic rights under the constitution, legislative acts, and treaties relating to human rights ratified by the Estonian government. As of 2023, Estonia was ranked 8th in the world by press freedoms.
According to international observers, human rights in Belgium are generally respected and the law and the judiciary provides effective means of addressing individual instances of abuse. However, some concerns have been reported by international human rights officials over the treatment of asylum seekers, prison overcrowding and the banning of full face veils. Capital punishment is fully abolished and a prohibition on the death penalty is included in the Constitution of Belgium. Belgium was a founding member of the European Union and the Council of Europe and a signatory to the European Convention on Human Rights. Belgium has minimal issues regarding corruption and was ranked 15 out of 167 countries surveyed in Transparency International's 2015 Corruption Perceptions Index.
Expression of racism in Latvia include racist discourse by politicians and in the media, as well as racially motivated attacks. European Commission against Racism and Intolerance notes some progress made in 2002–2007, mentioning also that a number of its earlier recommendations are not implemented or are only partially implemented. The UN Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance highlight three generally vulnerable groups and communities: ethnic Russians who immigrated to Latvia under USSR, the Roma community and recent non-European migrants. Besides, he notes a dissonance between "opinion expressed by most State institutions who view racism and discrimination as rare and isolated cases, and the views of civil society, who expressed serious concern regarding the structural nature of these problems".
Nils Muižnieks is a Latvian-American human rights activist and political scientist. He had served as the Council of Europe's Commissioner for Human Rights between 2012 and 2018, succeeding Thomas Hammarberg (2006–2012) and Álvaro Gil-Robles (1999–2006).