Concluding observations on Latvia (excerpt on anti-discrimination law) CERD, 2018

5.The Committee also welcomes the following legislative and policy measures taken by the State party:

(a)Amendments in 2004 and 2006 to article 29 of the Labour Law to clarify the term “racial discrimination”;

(..)

12.While noting certain amendments to a few provisions in the Labour Law, the Code of Administrative Offences and the Criminal Law that prohibit racial discrimination, the Committee is concerned at the lack of a comprehensive anti-discrimination law, which may hinder the full implementation of the rights in the Convention. The Committee is further concerned at the limited invocation of existing provisions prohibiting racial discrimination and the low rate of convictions for offences under these provisions.

13. The Committee recommends that the State party adopt a comprehensive anti-discrimination law, including a definition of direct and indirect discrimination, as stipulated in article 1 (1) of the Convention, in order to ensure the full implementation of the rights in the Convention and effective access to justice and appropriate remedies for victims of racial discrimination. The Committee recalls that the low numbers of complaints and cases of legal action for racial discrimination may reveal a lack of suitable legislation, poor awareness of the legal remedies available, a lack of will on the part of the authorities to prosecute the perpetrators of such acts, a lack of trust in the criminal justice system or a fear of reprisals against victims. The Committee recommends that the State party take measures to ensure the effective implementation of existing legal provisions prohibiting racial discrimination and to ensure access to justice for all victims, and that cases of racial discrimination are registered and investigated, and perpetrators prosecuted and convicted. The Committee requests that the State party provide it with data on the application of the Convention through judicial and administrative decisions in its next periodic report.

(..)

Declaration under article 14 of the Convention

30. The Committee encourages the State party to make the optional declaration provided for in article 14 of the Convention recognizing the competence of the Committee to receive and consider individual complaints.


Document data: adopted 23.08.2018, public 30.08.2018. CERD/C/LVA/CO/6-12 Link:  https://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CERD%2fC%2fLVA%2fCO%2f6-12 (also in Russian)

Tagged: Tags