rights NGOs. The Ombudsman’s office is the designated independent mechanism to promote, protect
and monitor the implementation of the Convention in line with Article 33 (2) CRPD.
74.
The national legal framework affords protection against discrimination on the basis of disability. Article
110 of the Constitution recognises the special protection needs of disabled children, and the Law on
the Protection of the Rights of the Child - in addition to prohibiting discrimination based on health
status - provides for an obligation to ensure that all children have equal rights and opportunities to
acquire education commensurate to their ability.65
75.
In 2014, Latvia had 161 094 persons with disability status for 2 million inhabitants, including 7605
children with disabilities.66 Official statistics for 2016 indicate that out of 352 298 children, 8111 were
children with official disability status.67 Latvian law and practice also define a broader category of
children with special needs which includes those with learning disabilities, hearing and visual
impairments, physical and intellectual disabilities, as well as those diagnosed with mental health
disorders and long-term illnesses.68 Such children receive special education, defined as “general and
professional education adapted for persons with special needs and health disorders.”69 In 2016, there
were 60 educational institutions for children with special needs, including boarding schools. In the
academic year 2015/2016, the total number of students with special needs in special education
schools was 5830.70
76.
Persons with special needs are listed among the primary target groups of the education system and
policies, and the Education Law prohibits differential treatment, including on grounds of “state of
health” and “place of residence”.71 In case of violation of the principle of non-discrimination, the
burden of proof lies with the provider of the educational programme to demonstrate that there was
no difference in treatment. Victims have the right to seek redress, including through courts, and to
receive legal assistance from the Ombudsman. The Ministry of Education, together with municipalities
and educational establishments, ensures implementation of inclusive measures in line with the
legislation and government policies. Local governments have a particular duty to provide for
educational activities at an establishment closest to the child’s residence.72 The State Education
Quality Service controls compliance of the educational process with laws and regulations.
77.
Special schools for children with disabilities have long existed in Latvia, and this practice has seldom
been questioned due to prevailing views in society that such children are best educated in segregated
settings. In January 2016, the UN Committee on the Rights of the Child recommended in its Concluding
Recommendations on Latvia that comprehensive measures be drawn up for the development of
inclusive education and priority be given to inclusive education over placement of children in
specialised institutions and classes. In addition, it recommended that priority be given to educating
and assigning specialised teachers and professionals to the integrated classes, in order to provide
individual support and appropriate attention to the children with learning disabilities.
78.
In his 2013 report, the Ombudsman noted that distribution of special schools was irregular. While
special schools for children with mental disabilities were provided in 36 out of 119 municipalities, Riga
was the only municipality in the country able to provide almost all programs of special education. Riga
had the only special school for students with visual impairments and one of the two special schools for
those with hearing impairments. Citing data by the Ministry of Education, the Ombudsman’s report
noted that at the beginning of the 2012/2013 academic year, 6102 students attended special
educational institutions, while special education in general educational institutions was provided to
4058 students. As not all municipalities were willing or able to provide education according to the
special needs of children, many children did not have the possibility to access special education
65 The Constitution of the Republic of Latvia; the Law on the Protection of the Rights of the Child (English translation),
Latvian State Language Centre 2015.
66 Member States' Policies for Children with Disabilities, Country Report on Latvia, Policy Department C - Citizens' Rights and
Constitutional Affairs, European Parliament, December 2014.
67 Children in Latvia 2016, Central Statistical Bureau of Latvia: Riga 2016.
68 E-mail communication with the Ministry of Education of Latvia: 20 October 2016.
69 Children in Latvia 2016, Central Statistical Bureau of Latvia: Riga 2016.
70 Information submitted by the Ministry of Education on 6 September 2016.
71 Education Law, adopted on 29 October 1998. English translation by the Latvian State Language Centre, 2015.
72 Section 17 “Competence of Local Governments in Education”, Education Law.
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