Government Policies and Programs to Eliminate the Worst Forms of Child Labor
The Government of Latvia has initiated a National Program for Preventing Sexual Violence Against Children for 2000-2004,[2487] and it is cooperating with the Baltic and Eastern European governments to combat regional organized crime groups that engage in trafficking or prostitution.[2488] In 1999, the National Center for the Rights of the Child was restructured to monitor the implementation of legislation on children’s rights. Inspectors who focus on children’s rights protection work at a municipal level to ensure the coordination of activities.[2489] The government has established an anti-trafficking working group that includes representation from government and NGOs involved in anti-trafficking efforts.[2490]
Several international organizations have programs that support children. UNICEF and the AIDS Prophylaxis Center carried out a program in 1999 to educate and train employees of NGOs and municipalities on how to work with street children.[2491] In October 2001, IOM launched an information campaign aimed at potential victims of trafficking, the press, the general public, and government authorities.[2492] IOM also instituted a counter-trafficking project aimed at establishing a coordinated system of assistance for trafficking victims from the Baltic Republics.[2493] The Children’s Unit of the Council of Baltic Sea States supports activities targeting children victimized by sexual exploitation, children living in the streets, and children in institutions.[2494] The National Center for the Rights of the Child started an education program in 1999 called “A Lesson In Children’s Rights for Adults” that in part addresses the situation of children outside the system. The program trains court personnel, teachers, and social workers to deal with the growing street children situation.[2495] The World Bank is providing the Government of Latvia with a loan to implement a 5-year Education Improvement Project to provide school building and structural repairs, improve the quality of education, and strengthen the capacity of the Ministry of Education and Science.[2496]
Incidence and Nature of Child Labor
Statistics on the number of working children under the age of 15 in Latvia are unavailable. However, the commercial sexual exploitation of children is known to exist.[2497] Prostitution by both boys and girls remains a problem.[2498] It is estimated that up to 15 percent of prostitutes in Latvia are children between 8 and 18 years old.[2499] Victims from Latvia are trafficked to countries in Western Europe, including Germany, Switzerland, Denmark, Spain, Greece, Italy, and UK for the purposes of sexual exploitation.[2500]
Chapter 8 of the Latvian Constitution establishes that everybody has the right to education.[2501]The Constitution provides for free and compulsory education until the age of 15, or through the completion of primary school.[2502] However, the 1998 Latvian Education Law guarantees equality in education for all residents and defines the mandatory nature of education in Latvia, making acquiring basic education by age 18 mandatory.[2503]
In 2000, the gross primary enrollment rate was 100.3 percent and the net primary enrollment rate was 92.0 percent.[2504] Primary school attendance rates are unavailable for Latvia. While enrollment rates indicate a level of commitment to education, they do not always reflect children’s participation in school.[2505] School infrastructure has deteriorated, and few investments have been made in teacher training. The financial burden of maintaining and improving schools has fallen heavily on municipalities rather than on the central government, which is burdening local communities with excessive costs. [2506] In accordance with Regulation No. 439 (December 28, 1999) of the Cabinet of Ministers, information on children who are not attending school is compiled annually by the Ministry of Education and Science.[2507] The number of children not attending primary school is increasing. In 1997, the Ministry of Education and Science had a record of 1,311 children ages 5 to 15 who were not attending school.[2508] According to the Education Ministry’s annual report, 2,512 children did not attend school in 2002.[2509]
Child Labor Laws and Enforcement
The Labor Code sets the minimum age for general employment at 15 years, although children over 13 years of age may work in light jobs that are not harmful to their health and morals if it does not interfere with school, and if the child has permission from a parent or guardian.[2510] According to the Labor Code, children under 18 years may not be employed in jobs requiring heavy labor, in night time or overtime work, or under conditions that are hazardous to health or morals.[2511] The Constitution prohibits forced labor, unless it is required by a court order or in the case of a disaster.[2512]
Approved in May 2000, Article 165 of the Criminal Law prohibits sending a person to a foreign country for the purpose of sexual exploitation and serves as Latvia’s primary anti-trafficking legislation. Trafficking of a minor is punishable with 8 to 15 years of imprisonment.[2513] The Cabinet of Ministers adopted Regulations on the Restriction of Prostitution in 1998, which prohibits juveniles from engaging in prostitution.[2514] In addition, the Criminal Law prohibits the procuring, inducing or compelling of a minor to commit prostitution.[2515]
Article 166 of the Latvian Criminal Law establishes child pornography as an offense. The use of juveniles or minors in the production, manufacturing or distribution of pornographic materials is punishable with up to 12 years imprisonment or a fine.[2516] Possession of pornography is also an offense, and sentences range from fines and confiscation to 1 year of imprisonment for repeated offenses.[2517]
The Latvian Children’s Rights Law was ratified in 1998, which guarantees children’s rights and freedoms at the national level.[2518] Under the Children’s Right’s Law and the Criminal Law, the Latvian government began 10 criminal investigations on child abuse during 2002 and 2003.[2519]
The Government of Latvia has not ratified ILO Convention 138 or ILO Convention 182.[2520]
|
