submit a citizenship application at the time of birth registration. The Commissioner urges the authorities to
revisit this issue and initiate amendment of the Law on Citizenship in order to render the procedure entirely
automatic. Pending such amendment, the Commissioner calls on the authorities to step up awareness raising
and design effective communication strategies addressing “non-citizen” parents, with a view to ensuring that
every child born in Latvia acquires nationality at birth.
A considerable number of children in Latvia reside in institutions, which maintains them isolated from their
peers and the rest of society. In 2013, the government adopted Guidelines for the development of social
services for 2014-2020, and in June 2015 it developed an Action Plan for Deinstitutionalisation for 2015-2020.
The Commissioner encourages the authorities to invigorate the stalled process of deinstitutionalisation and
improve cooperation with municipalities to devise concrete measures to move the process forward. The
authorities should prioritise alternative care in family-type settings rather than placing children in institutions,
and allocate more resources to increase the engagement of guardians and foster carers.
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. This
approach contravenes the UN Convention on the Rights of Persons with Disabilities, which Latvia has ratified.
The Commissioner calls on the authorities to ensure the right to inclusive education in line with that
Convention and relevant laws and strategies in the areas of development and education, and underscores the
need to ensure that children with disabilities have access to mainstream schools close to their residence and
benefit from support services. The authorities should invest in raising public awareness on this issue, and local
authorities and educational establishments should devote attention to improving inclusion policies for children
with disabilities.
Human rights of LGBTI persons
Following EU accession, Latvia has made some progress on anti-discrimination and the protection of human
rights of lesbian, gay, bisexual, trans and intersex (LGBTI) persons, notably through transposing into its national
law the requirements of the EU Employment Directive 2000/78/EC, which includes sexual orientation as a
prohibited ground of discrimination. However, the protection accorded to LGBTI persons in the Latvian legal
system remains fragmentary, and there is a lack of public policies designed to promote the human rights of
LGBTI persons in all spheres of life. The Commissioner encourages the authorities to address these gaps in a
systematic manner by designing an action plan in cooperation with the Council of Europe.
The Commissioner welcomes the improved policies to protect freedom of assembly and expression of LGBTI
persons, as reflected in measures to protect gay pride events, such as the Europride 2015 held in Riga.
Nevertheless, concerns remain about inadequate responses to homophobic and transphobic crime and hate
speech.
The amendments to the Criminal Law enacted in September 2014 redefined the provision on incitement to
social hatred and enmity by providing an open-ended list of vulnerable groups. Furthermore, violating the
prohibition against discrimination may be criminally sanctioned. The Commissioner recommends that sexual
orientation and gender identity be explicitly included among the prohibited grounds for discrimination. In the
meantime, he encourages the application of the existing legal framework with full consideration of the
protection needs of LGBTI persons. The authorities are also urged to expand the list of aggravating
circumstances in the Criminal Law by including homophobia and transphobia. Continuous trainings should be
organised for the police, prosecutors and judges to ensure effective investigation, prosecution and punishment
of hate crimes and hate speech against all vulnerable groups, including LGBTI persons.
The Latvian legal regime provides only for marriage between men and women and does not envisage any type
of registered partnership for same-sex or different-sex couples. The Commissioner invites the authorities to
consider favourably the possibility of providing cohabiting different-sex and same-sex couples with legal means
to address the practical problems related to the social reality in which they live. In this context, the authorities
are encouraged to take into account the case-law of the European Court of Human Rights regarding protection
of the relationships of cohabiting same-sex couples living in stable de facto partnerships.
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