227.Another important legal act regulating the right to receive information is the Law on the Right to Receive Information from State Agencies and Local Authorities. The Law also regulates the procedures of the implementation of this right. According to the Law, state agencies and local authorities are obliged to provide information on their activities. Refusal of such information is possible only in cases where it is necessary for the protection of democratic society and when such refusal is more important than a person’s right to receive information (Article 2). In accordance with Article 7, an individual is entitled to receive personal information about himself, except in cases where such information is not be provided under the laws of the Republic of Lithuania.
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228.It is noteworthy that since the time the Law on the Right to Receive Information from State Agencies and Local Authorities came into force, the citizens of Lithuania have availed themselves very actively of the rights provided for by the Law. A clear indication of this is the activities of the Chief Commission on Administrative Disputes.
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229.Certain provisions of the new Civil Code are also very important from the point of view of the right to receive information. Such provisions include Article 2.23 on the right to privacy and secrecy, Article 2.24 on the protection of honour and dignity and Article 2.22 on the right to an image.
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230.The laws of the Republic of Lithuania also provide for the restriction of the right to receive information. The Law on the Right to Receive Information from State Agencies and Local Authorities provides that information which is, under law, a state, official, commercial, banking or private secret is not to be provided except in the case provided for in Article 7. The applicant must be notified of the refusal to provide information indicating the reasons for the refusal. Information is not to be provided if its provision is prohibited by other laws because it would affect adversely the interests of state security and defence, the interests of foreign policy, criminal prosecution or would violate the territorial integrity of the State or public order, the rights and lawful interests of other persons or the refusal to provide information would prevent other serious violations of law or would be essential in the protection of human health and morality (Paragraph 1 Article 13). In cases where the provision of information is denied, the applicant must be informed of the fact together with the reason for denial and the indication of the possibility of appeal (Paragraph 3 Article 13).
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231.Another law – the Law on State Secrets and Official Secrets – provides that the right of access to information which is a state secret may be exercised by persons having an appropriate national personnel security clearance and only in accordance with the need-to-know principle (Paragraph 1 Article 11).
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232.The right to receive information and the accessibility of information is limited by other laws as well such as the Law on the Rights of Patients and Compensation for Damage Inflicted to their Health, the Law on Mental Health Care, the Law on Biomedical Research, etc. The Criminal Code includes provisions on certain matters of criminal responsibility related to the disclosure of a state secret, etc.
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Article 22
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233.As indicated in the First Report (CCPR/C/81/Add.10, paras. 137-156), the Constitution of the Republic of Lithuania guarantees each individual the right to freedom of association with others, including the right to form and join trade unions for the protection of his interests, the right to hold convictions and the right to freedom of expression without interference.
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234.The Law on the Amendment of Articles 8, 13 and 12 was enacted and came into force in March 2001. The amendments provide that the Statutes of trade unions which do not join territorial or national trade union associations and function within the territory of one municipality must be registered with the executive institution of the municipality. This provision simplifies the procedure of registration of statutes of organisations representing employees and, consequently, stimulates the process of their joining trade unions; in the procedures defined in collective agreements some part of the funds from the payroll fund may be allocated for the education of trade union members; the amended law provides that at the request of an employee and his trade union the employer is obliged to give unpaid leave of up to 3 days per year for education and learning purposes.
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235.The Statutes of trade unions or their associations which in accordance with their Statutes are active on the territory of more than one municipality and have their headquarters in the seat of county government or in another location within the county – urban or rural settlement, must be registered with the Governor of the county. The Statutes of trade unions or their associations which are active on the territory of more than one county must be registered with the Ministry of Justice of the Republic of Lithuania. By this time the Ministry of Justice has registered 131 trade unions.
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236.The refusal to register the statutes of a trade union or a trade union association may be appealed against in the local court, which is obliged to examine the appeal within ten days.
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237.At present, new amendments to the Law on Trade Unions are under development, the aim being to provide for a possibility for aliens lawfully working in the Republic of Lithuania to join trade unions and participate in their activities.
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238.On 14 March 1996 the Seimas enacted the Law on Associations. Article 2 of the Law defines an association as a voluntary union of legal or natural persons, which performs managerial, economic, social, cultural, educational, research tasks and functions determined by the association members. The objectives, main functions and tasks of an association must be related to the activities and needs of the association members and must be defined in the statutes of the association. Legal and natural persons may unite in associations on the basis of the characteristics of their activities, consumption, functions and the territory of their activities.
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239.On 11 June 1998 the Seimas enacted the new version of the Law on Public Organisations. Article 2 of the Law defines a public organisation as a voluntary association of citizens of the Republic of Lithuania and/or permanent alien residents in the Republic of Lithuania formed to meet the common needs and goals of its members, compatible with the Constitution and legislation of the Republic of Lithuania. Article 3 of the Law prohibits the establishment and activities of public organisations the objectives or the manner of action of which aim at overthrowing or changing the constitutional order of the Republic of Lithuania by force or violating the territorial integrity of the Republic of Lithuania, propagating war and violence, authoritarian or totalitarian rule, inciting racial, religious, social discord, restricting human rights and freedoms, performing actions contrary to the laws of the Republic of Lithuania and universally recognised norms of international law, acting in the interests of other states if those interests run counter the interests of the Lithuanian State.
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240.The Law prohibits the establishment of public organisations on the basis of organisation that have been active against the independence and territorial integrity of the Republic of Lithuania. In accordance with Article 4 of the Law on Public Organisations, citizens of the Republic of Lithuania and/or permanent alien residents on the territory of the Republic of Lithuania may act as the founders of public organisations.
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241.Article 8 of the Law on Public Organisations provides that membership of public organisations may consist of citizens of the Republic of Lithuania and/or aliens permanently residing on the territory of Lithuania having attained the age of 18 and above. Membership of organisations intended to meet the needs of children and youth may consist of persons under 18.
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242.The Law on Public Organisations provides for the mandatory registration of public organisations. In accordance with Article 17, public organisations active on the territory of more than one county and Lithuanian branches of international public organisations must register their statutes with the Ministry of Justice of the Republic of Lithuania. Public organisations which are active on the territory of more than one municipality and have their head quarters in the seat of the county or in another location within the county – urban or rural settlement, must register their statutes with the Governor of the county. Public organisations which are active within a district or a city must register their statutes with the executive institution of the municipality. By this time the Ministry of Justice has registered 1433 public organisations. In addition, the Ministry of Justice of the Republic of Lithuania has registered 35 political parties.
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243.Article 19 of the Law on Public Organisations determines grounds on the basis of which a public organisation may be refused registration. The statutes of a public organisation may not be registered if its objectives and modes of activity are inconsistent with the Constitution of the Republic of Lithuania, the Law on Public Organisations, any other legislation or resolutions of the Government; if the statute of another organisation has been registered under the same name; if there have been violations in the procedure of establishing the organisation or of the requirements for registering its statutes provided for in the Law on Public Organisations; if the information provided in the documents are inconsistent with the reality. Upon refusal to register the statute, the applicant must be notified in writing within five days of the decision including the motives for the refusal. Refusal to register the statute of a public organisation may be appealed against in court within a month of the receipt of the refusal.
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Article 23
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244.As it is indicated in the First Report (CCPR/C/81/Add.10. para. 157), the Constitution of the Republic of Lithuania provides that the family is the basis of society and the Sate (Paragraph 1 Article 38).
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245.The implementation of these provisions of the Constitution is insured by the Civil Code effective since 1 July 2001. Prior to that date, the matters of marriage and the family had been regulated by the 1969 Code of Marriage and Family.
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246.Book Three of the Civil Code, Family Law, establishes the general principles of the legal regulation of family relations and govern the grounds and procedures of entering into marriage, validity and dissolution of marriage, property and non-property personal rights of spouses, filiation, mutual rights and responsibilities between children, parents as well as other family members, the basic provisions on adoption, guardianship, curatorship and on the procedures of registering Acts of Civil Status.
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247.In the Republic of Lithuania the legal regulation of family relationships are based on the principles of monogamy, voluntary marriage, equality of spouses, priority of protecting and safeguarding the rights and interests of children, up-bringing of children in the family, comprehensive protection of motherhood. Family laws and their application must ensure the strengthening of the family and its significance in the society, the mutual responsibility of family members for the preservation of the family and the education of the children, the possibility for each member of the family to exercise his or her rights in an appropriate manner and to protect the children of minor age from the undue influence of the other members of the family or other persons or any other such factor.
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248.Persons are free to implement and exercise their family rights at their own discretion including the right to the protection of family rights. A waiver from a family right or its implementation does not abolish the right except in cases provided for by law. In exercising their family rights and performing their duties, persons must comply with the laws, respect the rules of their community life as well as the principles of good morality and act in good faith. It is prohibited to abuse family rights, i. e. it is prohibited to exercise them in such a way and by such means as would violate or restrict other persons’ rights or interests protected by law, or would inflict harm on other persons. If a person abuses a family right, the court may refuse to protect it. Family rights are protected by courts, institutions of guardianship and curatorship, governmental or non-governmental organisations in the ways provided for herein. Courts and other institutions must seek that the parties to a dispute resolve their dispute peacefully by mutual agreement, and must help the parties in every possible way to reach such an agreement.
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249.Marriage is a voluntary agreement between a man and a woman to create legal family relations executed in the procedure provided for by law. Marriage may be contracted only with a person of the opposite gender.
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250.The Civil Code recognises both civil and religious marriages (religious marriages do not have to be registered repeatedly in the civil procedure (Article 3.24). The formation of a marriage in accordance with the procedures established by the Church (confessions) entails the same legal consequences as those entailed by the formation of a marriage in the Register Office provided that the conditions for the formation of marriage laid down in the Civil Code have not been violated; the marriage has been formed according to the procedures established by the canons of a religious organisation registered in and recognised by the Republic of Lithuania; the formation of a marriage in the procedure established by the Church (confessions) has been recorded at the Register Office in the procedure provided for herein.
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251.Under Article 3.14 of the Civil Code, marriage may be contracted by persons who by or on the date of contracting a marriage have attained the age of 18. In exceptional cases, however, at the request of a person who intends to marry before the age of 18, the court may reduce, for him or her, the legal age of consent to marriage, but by no more than three years. In the case of a pregnancy, the court may allow the person to marry before the age of 15 (Paragraph 3 Article 3.14). While deciding on the reduction of a person’s legal age of consent to marriage, the court must hear the opinion of the minor person’s parents or guardians or curators and take into account his or her mental or psychological condition, financial situation and other important reasons why the person’s legal age of consent to marriage should be reduced.
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252.The Civil Code prohibits a person who has been declared by a res judicata court judgement to be legally incapacitated to contract a marriage; it also prohibits marriage between close relatives. Under the Civil Code, a married person who has not terminated his or her marital bond in accordance with the procedures laid down by the law may not enter into a second marriage.
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253.A marriage may be declared null and void if the conditions for the formation of a valid marriage have not been observed. A marriage may be annulled only by the court.
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254.The Constitution of the Republic of Lithuania stipulates that marriage may be contracted only on the bases of a voluntary consent of a man and a woman. Article 3.8 of the Civil Code provides that agreement to marry may not be enforced by force, while Article 3.13 says that marriage shall be contracted by a man and a woman of their own free will and any threat, coercion, deceit or any other lack of free will shall provide the grounds on which the marriage must be declared null and void.
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255.Having contracted a marriage, the spouses acquire the rights and duties defined in the Civil Code. In accordance with Paragraph 2 Article 3.26, spouses have equal rights and equal civil liability in respect of each other and their children in matters related to the formation, duration and termination of their marriage. Spouses may not waive, by mutual agreement, their rights or extinguish their duties that arise from a marriage. The law requires that spouses should be loyal to and respect each other, support each other morally and financially.
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256.Where the spouses are unable to agree as to the performance of their duties or the exercise of their rights, either of them has a right to apply to the court for the resolution of their dispute. In its efforts to resolve the dispute the court must take measures for the reconciliation of the spouses. The court must decide on the dispute of the spouses by taking account of the interests of their children of minor age and the interests of the family as a whole.
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257.Neither spouse may, without the consent of the other spouse, alienate, pledge or lease movable property used in the household or encumber the right to it in any other way. A spouse having neither consented to nor ratified such a transaction may apply to have it annulled.
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258.Where the spouses have not made a marriage contract, their property shall be subject to the statutory regime. When making a marriage contract, the spouses shall have a right to determine their matrimonial regime as they think fit. Provisions of a marriage contract inconsistent with good morality or public order shall be null and void. Joint community property must be used, managed and disposed of by the mutual agreement of the spouses. The shares of the spouses in joint community property are be presumed to be equal. Departure from the principle of the equality of the shares of the spouses in joint community property shall be permitted only in cases provided for herein.
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259.A marriage is dissolved by the death of one of the spouses or in the procedure prescribed by law. A marriage may be dissolved by the mutual consent of the spouses, on the application of one of the spouses, on the basis of the fault of one or both of the spouses. The court grants a judgement of divorce if it is satisfied that the marriage has broken down irretrievably. A marriage is considered to have broken down irretrievably if the spouses no longer live together and it is not likely they will live together again. While granting a divorce decree, the court must approve the contract of the spouses as to the consequences of divorce providing for the maintenance payments for the children of minor age and each other, the residence of their minor children, their participation in the education of their children and their other property rights and duties. Where the contract as to the consequences of divorce is not consistent with the public order or is an essential violation of the rights and lawful interests of the minor children of the spouses or of one of the spouses, the court shall not approve the contract and shall suspend the divorce proceedings until the spouses have made a new contract. If the spouses fail to comply with the directions of the court within six months of the suspension of the proceedings, the court shall not resume the consideration of the application for divorce.
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260.While considering the application of one of the spouses to dissolve a marriage, the court, having regard to the age of one of the spouses, the duration of marriage, the interests of the minor children of the family, may refuse to grant a divorce decree if the divorce may cause significant harm to the property and non-property interests of one of the spouses or their children.
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261.In granting a divorce the court must resolve matters relating to the residence and maintenance of the minor children, the maintenance of one of the spouses, adjustment of the community property of the spouses, except in cases where the property has been adjusted by the mutual agreement of the spouses certified in the notarial procedure. The court when making a divorce judgement must also make a maintenance order in favour of the spouse in need of maintenance unless the matters of maintenance are settled in the agreement of the spouses concerning the consequences of divorce. A spouse shall have no right to maintenance if his or her assets or income are sufficient to fully support him or her. Maintenance shall be presumed to be necessary if he or she is bringing up a minor child of the marriage or is incapacitated for employment because of his or her age or state of health. The spouse responsible for the breakdown of the marriage shall have no right to maintenance.
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262.While making a maintenance order and deciding on its amount, the court shall take into account the duration of the marriage, the need for maintenance, the assets owned by the former spouses, their state of health, age, capacity for employment, the possibility of the unemployed spouse of finding employment and other important circumstances. In all cases when the court considers family matters (dissolution of marriage, partitioning of property, ordering maintenance, etc.) where the spouses have children of minor age, a representative of the state institution for the protection of the child’s rights must participate in the proceedings and present his conclusion on the possible violation of the children’s rights in taking decisions on separation matters.
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The main rules on the protection of the child’s rights are enshrined in the Law on Fundamentals of Protection of the Rights of the Child. The Law stipulates that parents or other legal representatives of the child may dispose of the property owned by the child only upon securing findings issued by an institution for the protection of the rights of the child that such transactions are not contrary to the interests of the child; in dividing joint community property of spouses (parents), the rights of the property interests of the children must always be taken into consideration; when parents or other legal representatives of the child do not abide properly by the requirements of this Law, mortgaging, sale or giving away the home where the child resides requires the opinion of the institution for the protection of the rights of the child that such transactions are not contrary to the interests of the child.
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Article 24
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263.The information presented below supplements or replaces the information on Article 24 of the Covenant contained in the First Report (CCPR/C/81/Add. 10, paras. 178-211).
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264.The Republic of Lithuania has acceded to a number of international agreements on the protection of the rights of the child. In 1997 the Republic of Lithuania acceded to the 1993 Hague Convention on Protection of Children and Co-operation in respect of Inter-country Adoption; in 2001 – to the Convention concerning the Powers of Authorities and the Law Applicable in respect of the Protection of Minors, and the Convention on the Law Applicable to Maintenance Obligations; in 2002 – to the Convention concerning the Recognition and Enforcement of Decisions relating to Maintenance Obligations in respect of Children, and the Convention on the Civil Aspects of International Child Abduction. On 13 February 2002, the Republic of Lithuania signed the Optional Protocol to the Convention on the Rights of the Child, regarding the Involvement of Children in Armed Conflicts.
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265.The rights of the child are enshrined in the Civil Code of the Republic of Lithuania (Chapter XI Parental Rights and Duties in respect of their Children).
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266.Every child is guaranteed the inalienable right to life, healthy development and a name and surname from birth (Paragraph 1 Article 3.161). A child has a right to know his or her parents unless that prejudices his or her interests or the law provides for otherwise (Paragraph 2 Article 3.161). A child has a right to live with his or her parents, be brought up and cared for in his or her parents’ family, have contact with his or her parents no matter whether the parents live together or separately, have contact with his or her relatives, unless that is prejudicial to the child’s interests (Paragraph 3 Article 3.161).
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267.Children born within or outside marriage have equal rights (Paragraph 5 Article 3.161). Children’s rights must not be affected by their parents’ divorce, separation or nullity of marriage (Paragraph 6 Article 3.161).
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268.In considering any question related to a child, the child, if capable of formulating his or her views, must be heard directly or, where that is impossible, through a representative. Any decisions on such a question must be taken with regard to the child’s wishes unless they are contrary to the child’s interests. In making a decision on the appointment of a child’s guardian/curator or on a child’s adoption, the child’s wishes must be given paramount consideration (Paragraph 1 Article 3.164).
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269.If a child considers that his or her parents abuse his or her rights, the child has a right to apply to a state institution for the protection of the child’s rights or, on attaining the age of 14, to bring the matter before the court (Paragraph 2 Article 3.164).
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270.Parents have a right and duty to bring up their children; they are responsible for their children’s education and development, their health and spiritual and moral guidance. In performing these duties, parents have a priority right over the rights of other persons (Article 3.165). Parents must create conditions for their children to learn during their compulsory school age (Paragraph 2 Article 3.165). All questions related to the education of their children parents must decide by mutual agreement. In the event of the lack of agreement, the disputed matter must be resolved by the court (Paragraph 3 Article 3.165).
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271.Chapter XXI of the Civil Code regulates the registration of the birth of a child and establishes the procedures of such registration. In accordance with the Civil Code, the birth of a child shall be registered with the register office of the child’s residence place or one of the parents’ residence place. The birth of a child must be notified and registered within three months of the date of the child’s birth; in cases of a stillborn baby – within three days from the time of its birth (Paragraph 1 Article 3.291). An application for the registration of the birth of a foundling must be submitted within three days of the time the baby was found (Paragraph 2 Article 3.291). The registration of the child’s birth is followed by the issuance of the birth certificate (Paragraph 4 Article 3.292).
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272.Every child must be given a name by his or her parents (Article 3.166). A child is given a name (names) by the mutual agreement of the parents. Where the child’s mother and father cannot agree on the name, the child is given a name by a judicial order. While registering the birth of a child whose parents’ identity is not known, the child is given a name by the state institution for the protection of the child’s rights. Every child is given his or her parents’ surname (Article 3.167). Where the surnames of the child’s parents are different, the child is given the mother’s or the father’s surname by the mutual agreement of the parents. If the parents cannot agree, the child is given the surname of one of the parents by a judicial order. While registering the birth of a child whose parents’ identity is not known, the child is given a surname by the state institution for the protection of the child’s rights.
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273.Article 2.14 of the Civil Code stipulates that the residence place of a minor is deemed to be the permanent residence place of his parents or guardians (curators).
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274.Article 3.155 enshrines the rule that children must be cared for by their parents until they attain majority or emancipation. Parents have a right and a duty to properly educate and bring up their children, care for their health and, having regard to their physical and mental state, to create favourable conditions for their full and harmonious development so that the child should be ready for an independent life in society. Article 3.156 of the Code provides that the father and the mother must have equal rights and duties in respect of their children. Parents have equal rights and duties by their children irrespective of whether the child was born to a married or unmarried couple, after divorce or judicial nullity of the marriage or separation.
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275.A child whose parents are separated must have a right to have constant and direct contact with both the parents irrespective of their residence (Paragraph 2 Article 3.170).
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276.In order to protect minor children from the harmful effects of their parents’ conduct, Article 3.179 of the Civil Code provides that where the parents (the father or the mother) do not live together with the child for objective reasons (illness, etc.) and the court has to decide where the child is to live, the court may decide to separate the child from the parents (the father or the mother). Where only one of the parents is affected by unfavourable circumstances while the other parent can live and bring up the child, the child shall be separated only from that parent. The child separated from the parents shall retain all the personal and property rights and duties based on consanguinity. When a child is separated from the parents (the father or the mother), the parents lose their right to live together with the child or demand the return of the child from other persons. The parents may exercise their other rights in so far as that is possible without living together with the child.
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277.In addition, Article 3.180 provides that where the parents (the father or the mother) fail in their duties to bring up their children or abuse their parental authority or treat their children cruelly or produce a harmful effect on their children by their immoral behaviour or do not care for their children, the court may make a judgement for a temporary or unlimited restriction of parental power (that of the father or the mother.) 278. Chapter XVIII Book Three of the Civil Code regulates guardianship and curatorship of minors. According to the Civil Code, guardianship is applied to children under 14, curatorship – to minors at 14 and over. The aim of guardianship (curatorship) is to ensure the upbringing and care of a child in an environment in which the child can grow and develop properly.
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279.In accordance with Articles 8 and 9 of the Law on Citizenship, a child both of whose parents at the moment of his birth were citizens of the Republic of Lithuania, shall be a citizen of the Republic of Lithuania regardless of whether he was born on the territory of the Republic of Lithuania or beyond its borders. If the parents of a child hold citizenship of different states and at the moment of the child's birth one of the parents was a citizen of the Republic of Lithuania, the child shall be a citizen of the Republic of Lithuania if he was born on the territory of the Republic of Lithuania or if he was born beyond the borders of Lithuania, but one of the child’s parents had his/her domicile on the territory of the Republic of Lithuania. If the parents of a child hold citizenship of different states and at the moments of the child's birth one of them was a citizen of the Republic of Lithuania, but the domicile of both parents was beyond the boundaries of the Republic of Lithuania, the citizenship of the child born beyond the boundaries of the Republic of Lithuania, until he is 18 years of age, is be determined by agreement between the parents.
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280.In accordance with Article 10 of the Law on Citizenship, a child born in the territory of the Republic of Lithuania whose parents are stateless persons permanently residing in Lithuania, shall acquire citizenship of the Republic of Lithuania.
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281.Under Article 11 of the Law on Citizenship, a child found in the territory of the Republic of Lithuania, both of whose parents are unknown, shall be considered born in the territory of the Republic of Lithuania and shall be a citizen of the Republic of Lithuania, unless circumstances are disclosed whereunder the child would acquire a different status.
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282.A child, one of whose parents at the moment of his birth was a citizen of the Republic of Lithuania and the other parent was either a stateless person or unknown, shall be a citizen of the Republic of Lithuania regardless of the place of the child's birth.
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283.Criminal juvenile responsibility is regulated by the legislation of the Republic of Lithuania, notably, by a special Chapter in the Criminal Code, Criminal Liability of Juvenile Offenders. The provisions of that chapter are applied to persons who, at the time of the commission of an offence, were under 18. Some of the provisions of that chapter may be applied to a person who, at the time of the commission of an offence, was over 18 but under 21 provided the court, having regard to the nature, motives and other circumstances of the offence and, if necessary, to the explanations of an expert, decides that such a person by his/her social maturity is to be treated as a minor and the application of the specific criminal responsibility to him/her would be consistent with the purposes of the Code.
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284.On 25 May 2000, the Seimas passed the Law on the Ombudsman for the Protection of the Rights of the Child, the aim of which is to lay down legal provisions which would ensure the implementation of the UN Convention on the Rights of the Child and other legal acts related to the protection of the rights of a child in Lithuania and would also make it possible to control the activities of the State, municipal authorities, non-governmental institutions, organisations and individuals that may be prejudicial to the rights of the child and his legitimate interests.
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285.The Law on the Ombudsman for the Protection of the Rights of the Child established the principles, legal foundations, competence, rights and duties of the Office of the Ombudsman for the Protection of the Rights of the Child. This Office is an independent institution (accountable only to Seimas) financed from the State budget.
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286.On 18 July 2000, invoking the Constitution and the Law on the Ombudsman for the Protection of the Rights of the Child, the Seimas passed a resolution, On the Office of the Ombudsman for the Protection of the Rights of the Child. The Resolution specified the functions of the Ombudsman, the legal foundations of the activities of the Office of the Ombudsman, and provided for the establishment of the Office of the Ombudsman for the Protection of the Rights of the Child, which came into existence on 1 September 2000.
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287.To protect the rights of minor children, the Ombudsman for the protection of the Rights of the Child requests various public institutions to take account of the rights of children guaranteed by legal acts in taking their decisions. For example, the Office of the Ombudsman often receives requests to protect the rights of minors to housing. There are numerous cases where the interference of the Ombudsman helps a family with minor children to regain or stay in their residence place. Very often such cases are related to judicial decisions to evict a family with minor children because the parents fail to pay the rent or for the utilities. In such cases in requesting the respective institution to take into consideration the rights of the child guaranteed in legal acts so that during the enforcement of the judicial decision to avoid the violation of the rights and legitimate interests of the child, the Ombudsman for the Protection of the Rights of the Child can hope only for the good will of the institution in trying to find a solution to the problem.
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288.The Ombudsman always points out to services for the protection of the rights of the child that in settling differences between adults the child’s interests must be given the first priority.
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289.After considering complaints about the actions of various services and institutions, the Ombudsman presents suggestions to the heads of such services and institutions that they should review the decisions of their employees and apply disciplinary action against them if they are found guilty of violating the rights of the child.
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290.There have been cases where on the interference of the Ombudsman an institution for the protection of the rights of child refused to grant permission for a transaction in real estate, protecting in such a way the rights of a minor.
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291.The Ombudsman for the Protection of the Rights of the Child is often approached in connection with violence against children. In such cases the Ombudsman co-operates with interrogation, investigation and other law enforcement institutions to speed up the investigation of offences or violations of administrative law. The main function of the Ombudsman for the Protection of the Rights of the Child is to establish if the actions of a person are prejudicial to the rights of the child.
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292.In 2001, the Office of the Ombudsman for the Protection of the Rights of the Child received 106 complaints in writing about the violation of the rights and legitimate interests of the child; 18 of these complaints were referred to the Office by other public institutions.
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293.In 2001, the Ombudsman received 250 oral complaints (on the telephone, in conversations or various meetings). On the basis of such complaints and also on the basis of publications in the press concerning the abuse of the rights and legitimate interests of the child, the Office of the Ombudsman for the Protection of the Rights of the Child started 14 investigations at its own initiative. Where the complaint was outside the competence of the Ombudsman for the Protection of the Rights of the Child, the complaint was referred to other competent institutions or a solution to the problems raised was found in some other way.
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Article 25
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294.As it was indicated in the first report (CCPR/C/81/Add.10, para. 212-215), the provisions of Article 25 of the Covenant are guaranteed by the Constitution of the Republic of Lithuania; their detailed regulation is laid down in special laws (The Law on Parliamentary Elections, the latest version adopted on 18 July 2000), the Law on Municipal Elections (the latest version adopted on 19 October 1999), the Law on Presidential Elections.
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295.In accordance with Article 33 of the Constitution of the Republic of Lithuania, the citizens of Lithuania have equal rights in taking up a position in the civil service of the Republic of Lithuania. The requirements they must meet are spelled out in the Law on Civil Service.
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296.Citizens of the Republic of Lithuania belonging to ethnic and national minorities have equal rights to participate in state governance.
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297.Russian and Polish minorities have their own political parties and political organisations the members of which take an active part in the political life and governance of the country.
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298.The table below presents information on the participation of the political parties and organisations of ethnic minorities in parliamentary elections.
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Parties and political organisations of ethnic minorities (1992-2000) Party/organisation Founded Registered Membership Representation in Parliament 1990 1992 1996 2000 Polish Union 1989.05.05 1992.08.10 10,000 8 4 - - Polish electoral action 1994.08.28 1994.10.21 1000 - - 2 2 Alliance of Lithuanian Citizens 1996.07.29 Alliance of National Minorities 1997.02.06 800 - - - - Union of Lithuanian Russians 1995.10.28 1995.12.28 500 - - - 2 Composition of the Seimas of the Republic of Lithuania by nationality Nationality 1992 1996 2000 Lithuanians 131 127 127 Poles 6 3 6 Russians 3 2 8 Jews 1 1 -
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Article 26
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299.As it was indicated in the first report (CCPR/C/81/Add.10, paras. 227-228), the laws of the Republic of Lithuania fully guarantee equality before the law and the rights without any discrimination to the equal protection by the law.
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300.These principles are enshrined in all the laws of the Republic of Lithuania. All the new laws and the new amendments of the laws adopted after the First Report to the United Nations prohibit any discrimination on any grounds uch as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.
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301.The equality of individuals before the law is guaranteed in the new Code of Criminal Procedure adopted on 14 March 2002 (it will become effective from 1 May 2003). Paragraph 2 Article 6 of this Code says: “Administration of justice in criminal cases shall be based on the principle of equality of persons before the law and court irrespective of their origin, social and financial position, nationality, race, sex, education, language, religious or public views, type or character of activity, place of residence and other circumstances.” Paragraph 3 Article 6 prohibits “ to grant anyone privileges, or make restrictions on the basis of any circumstances, personal traits, social or financial position.”
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302.The new Labour Code of the Republic of Lithuania (adopted on 4 June 2002 to become effective on 1 January 2003), guarantees the equality of the subjects of labour relations irrespective of their gender, sexual orientation, race, nationality, language, origin, citizenship, social status, belief, marital or family status, age, convictions or views, political affiliation, circumstances not related to their skills (Article 2).
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303.Article 5 of the new Code of Civil Procedure, adopted on 28 February 2002 (to become effective on 1 January 2003), provides that any interested person shall have a right to seek in court, in the procedure provided for by law, the protection of his violated or disputed rights or interests protected by the law. Article 6 of this Code stipulates that justice in civil actions shall be administered only by courts on the basis of everyone’s equality before the law irrespective of one’s gender, race, nationality, language, origin, social status, beliefs, convictions or views, occupation or other circumstances.
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304.The new Law on the Legal Status of Aliens of the Republic of Lithuania was adopted on 17 December 1998. Article 3 of the Law stipulates that “In the Republic of Lithuania aliens shall be equal before the law without distinction as to race, sex, colour, religion, political or other opinions, national and social origin, ethnic origin, property status, the place of birth or any other status.”
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305.Article 4 of the new Law on Police Activities of the Republic of Lithuania, adopted on 17 October 2000, stipulates: “The police shall, in compliance with laws and other legal acts, impartially protect all persons who are on the territory of the Republic of Lithuania, regardless of their nationality, race, sex, language, origin, social status, religious beliefs, convictions or views.”
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306.In accordance with the recent amendment of Article 119 (20 June 2002) of the Constitution of the Republic of Lithuania, the right to elect and be elected has been granted to all the permanent residents of the respective territorial administrative unit (i. e. not only to the citizens of the Republic of Lithuania).
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Article 27
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307.As it was indicated in the First Report (CCPR/C/81/Add.10, para. 235), the Constitution of the Republic of Lithuania guarantees the right of persons belonging to ethnic minorities to foster their culture, manifest and practice their religion and use their mother tongue. Provisions have been made for state support to be granted to ethnic minorities.
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308.In 2000 the Republic of Lithuania acceded to the Council of Europe Framework Convention for the Protection of National Minorities. In October 2001, in accordance with the requirements of the Convention, Lithuania presented a report on the measures taken to implement the provisions of the Convention.
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309.At present 121 nationalities are represented in Lithuania among its population. The number of persons representing different nationalities is rather different, from several hundred thousand, for example Russians and Poles, to several hundred or even scores, for example, Armenians, Bulgarians, Greeks, and some others.
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310.In 2002, in accordance with the information released by the Department of Statistics under the Government of the Republic of Lithuania, nationalities represented most numerously included Lithuanians (2907293, or 83.45 per cent of the population), Poles (234989, or 6.74 per cent), Russians (219789, or 6.31 per cent), Belarussians (42866, or 1.23 per cent), Ukrainians (22488, or 0.65 per cent), Jews (4007, or 0.12 per cent), Germans (3243, or 0.09 per cent), Tartars (3235, or 0.09 per cent), Latvians (2955, or 0.08 per cent), Roma (2571, or 0.07 per cent), Armenians (1477, or 0.04 per cent). Other nationalities included 6138 persons, or 0.07 per cent). 32921 persons did not indicate any nationality, which accounts for 0.94 per cent.
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311.Lithuania is making efforts to create favourable conditions for the development of the ethnic awareness and culture of its ethnic minorities. On 14 May 2001, in order to have the aims, principles, objectives and their implementation methods defined, the Government approved the provisions of the Lithuanian Cultural Policy. One of the most important tasks of the cultural policy is to give support to the culture and education of the ethnic communities residing in Lithuania. The provisions of the Lithuanian Cultural Policy emphasise that the tradition, cultural heritage, customs and life style of the ethnic minorities are a valuable source for the enrichment of the culture of the country. By supporting the culture of the ethnic minorities, the State seeks to consolidate the cultural rights of the Lithuanian citizens who belong to ethnic minorities, to create favourable conditions for their participation in public life and for fostering their own cultural traditions and heritage. The Lithuanian Cultural Policy indicates the following measures to be applied in supporting the culture of ethnic minorities: support to the cultural programmes of ethnic minorities, creation of favourable conditions for the participation of the ethnic minorities in the cultural life of the country, fostering the cultural relations among the ethnic minorities residing in Lithuania.
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312.In its Programme for 2001-2004, the Government undertook “to ensure state support to the cultural development of the communities of ethnic minorities in Lithuania; to guarantee the freedom and independence of the activities of cultural, regional and ethnic communities.”
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313.To meet the cultural needs of the ethnic minorities of Lithuania, the Department of Ethnic Minorities and Lithuanians Residing Abroad under the Government of the Republic of Lithuania is conducting a programme for the support of the cultural activities of ethnic minorities. The programme is funded from the State budget.
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314.In accordance with the Law on Public Organisations amended in 1998, membership of public organisations may include not only the citizens of the Republic of Lithuania, but also aliens over 18 whose permanent place of residence in the Republic of Lithuania.
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315.In accordance with the data released for 2002, there were 266 non-governmental organisations established by 21 ethnic minorities. The most active among them were “Macierz szkolna”, a society of the teachers of Polish schools, the Centre of Russian Culture, the Russian Folklore Centre in Vilnius, the Ukrainian Community of Vilnius, the Community of Lithuanian Jews, “Bonfire of the Gypsies”, a Community of Lithuanian Roma, and others.
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316.In accordance with the data released by the Department of Statistics, there were 842 religious communities and 838 houses of worship in 2001, including 690 Roman Catholic religious communities and 701 functional houses of worship, 54 communities and 41 houses of worship of Evangelic Lutherans, 12 Reformed Evangelic communities and 4 houses of worship, 4 communities and 1 house of worship of Catholic Greek rites, 3 Judaic religious communities and 2 houses of worship, 1 Karaite community and 2 houses of worship, 5 Muslim communities and 5 houses of worship, 27 communities and 30 houses of worship of Old Orthodox believers, 46 Orthodox communities and 47 houses of worship. Religious rites are conducted in Lithuanian, Russian, Polish, Belarussian, Ukrainian, Latvian, German, Hebrew or Romanian. State support for the traditional religious communities comes from the Sate budget.
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317.Article 20 of the Law on Education (adopted on 25 June 1991; the latest version of 2 July 1998) provides: “Upon the wish of the parents (or the guardians), children may have religious instruction (in the traditional confessions recognised by the State) in state or municipal schools taught by individuals authorised by church dignitaries of the chosen denomination. Children who do not attend lessons in religious instruction shall have lessons in ethics instead. Upon the wish of the parents, in schools founded by two founders – the State or the municipality and any of the traditional religious communities recognised by the State – the children may attend lessons in ethics instead of lessons in religious instruction.”
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318.The Regulations on the Education of National Minorities, effective since January 26, 2002, reflect the state policies seeking to preserve the rights of ethnic minorities to their ethnic cultural identity, to define the institutional structure of the education system of ethnic minorities, the characteristics of the curricula and the instruction process as well as the main principles of financing the education of ethnic minorities. These Regulations provide for non-formal education of ethnic minorities and their needs to learn or to improve their skills in their mother tongue, to learn their history, traditions, cultural heritage and customs. It has been recognised that the best form of non-formal education of ethnic minorities is through Saturday/Sunday schools. The Regulations provide for the financing of the non-formal education programmes of ethnic minorities, the procedures of which should be established by the Government.
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319.In 2001-2002, there were 1953 schools of general education in Lithuania with Lithuanian as the instruction language; 206 general education schools in eight cities and sixteen regions, where the language of instruction was one of the languages of national minorities, including 61 schools with Russian as the language of instruction, 80 schools with Polish as the language of instruction, 1 Belarussian school and 62 mixed schools, which have separate classes taught in one of the languages of ethnic minorities.
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320.In the school year of 2001-2002, the total number of pupils in schools of general education was 576,377, including 509,812 pupils in schools where the language of instruction was Lithuanian, 10,479 pupils in mixed schools with Lithuanian as the main language of instruction; 30,531 pupils in Russian schools; 6950 pupils in mixed schools with Russian as the main language of instruction; 14,629 pupils in Polish schools, 176 pupils in Belarussian schools; 32 pupils in mixed schools including classes with Belarussian as the main language of instruction.
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321.Less numerous or dispersed ethnic communities have a possibility to learn and improve their mother tongue in special or optional classes in general education schools or at Sunday schools. At present, there are 40 Sunday schools in Lithuania: 3 Armenian, 2 Belarussian, 2 Greek, 1 Karaite, 2 Latvian, 6 Polish, 1 Roma, 2 Russian, 8 Tartar, 6 Ukrainian, 4 German and 3 Jewish. These schools teach the mother tongue of the national minorities, their history, religion and ethnic culture. National minorities have various possibilities to educate their children in their mother tongue – they can set up pre-school institutions, general education schools, or have groups are classes within general schools in which the main language of instruction is another language.
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322.The Lithuanian Radio has a daily ten-minute news broadcast Večerniy vestnik in Russian, a weekly fifteen-minute broadcast in Russian, Russkaya ulica, a Polish programme, Rozmowy Wilenskie, a Ukrainian programme, Trembita, a Belarussian programme, Vilenskiy Šytok, a bi-monthly programme for ) Jews, Menora, a monthly programme for various other, less numerous ethnic minorities, Labas, and a programme for Orthodox believers, Krikščionio žodis (‘A Christian’s Word).
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323.A number of private television stations broadcasting in areas densely populated by a national minority, have special broadcasts in the language of that minority: the regional television of Vilnius has a special programme in Russian, Nedelia. Other television stations (11th channel, Vilsat, Sugardas) have news broadcasts in Russian or Polish, they also re-broadcast television programmes from Russia and the Polonia TV programme from Poland. Cable television operators rebroadcast programmes from Russia, Belarus, Poland, Ukraine and other countries.
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324.In accordance with Article 4 of the Law on National Radio and Television, the national broadcaster is obliged to ensure that its programmes are geared to different public groups of various age, various nationalities and various convictions. The Lithuanian Radio has a special department, The Editorial Board of National Minorities, which is in charge of programmes for ethnic minorities or the general public on issues related to ethnic minorities. Programme One of the Lithuanian Radio has a daily 30-minute information broadcast in Russian. Programme Two of the Lithuanian Radio has a 30-minute programme, Santara, intended to foster the culture, language and education of various ethnic minorities of Lithuania, it also addresses everyday issues arising in the life of ethnic communities. The interviews and discussions in this programme are broadcast in Lithuanian, Russian, Polish, Belarussian, Ukrainian. There are bi-monthly special programmes for Jews and Ukrainians. Those programmes are prepared by journalists who belong to ethnic minorities.
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325.Lithuania has the following private radio stations that broadcast in the languages of national minorities: Russkoye Radio (twenty-four-hour broadcast in Russian), Znad Wilii (twenty-four-hour broadcast in Polish) and the radio station Baltic Waves, which broadcasts a number of programmes in Belarussian. Visagin and Klaipėda have local radio stations that broadcast programmes in Russian.
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326.A lot of attention at the State level currently goes to the social, economic and cultural problems of the Roma community. At present, there are 2500 persons belonging to Roma communities. They are dispersed all over the territory of Lithuania but most are settled in Vilnius, Kaunas, Panevėžys, Šiauliai and in some other localities. There are 13 Roma non-governmental organisations: 4 in Vilnius, 4 in Kaunas, and one in each of the following towns – Panevėžys, Pasvalys, Šalčininkai, Ukmergė and Prienai. These non-governmental organisations try to attend to the social and cultural needs of their communities to the extent possible. Vilnius, Kaunas and Panevėžys have Roma folklore groups. The activities of Roma non-governmental organisations are supported by the Department of National Minorities and Lithuanians Living Abroad under the Government of the Republic of Lithuania as well as by the Ministry of Culture and the local government departments of culture.
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327.Taking into consideration the particular ethnic identity and culture of the Roma and also with a view of creating conditions for the Roma communities to integrate into the public life of Lithuania, the Government of the Republic of Lithuania approved the Programme for the Integration of the Roma into the society of Lithuania for 2000-2004, which is co-ordinated by the Department of National Minorities and Lithuanians Living Abroad. The Programme provides for measures addressing the educational, social and health problems of Roma and also preserving their particular culture and traditions. A lot has already been done under the Programme – September 2001 saw the opening of a Roma community centre, which includes two pre-school classes attended by 26 children, a number of art, music and dance groups, also training courses in the official language of Lithuania, computer skills and dress-making for teenagers and adults.
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The Centre is the venue for a variety of lectures and seminars on the development and adaptation of vocational training curricula, education in health and hygiene habits, development of measures for the prevention of drug-addiction, counselling on legal, educational, social and economic issues and initiation of women’s voluntary public activities, addressing problems related to personal identity documents, police actions and the protection of human rights, social security and labour, basics of business activities and establishment of legal businesses, etc. The development of the activities of the Roma Community Centre is a very realistic way in effecting changes in the Roma family attitudes to education and labour and in encouraging them to be more active in these areas.
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Great care is taken that this work should include experts in Roma culture and the Roma themselves so as not to prejudice their ethnic identity. The experience of the last two years shows that thanks to the Programme the public interest in the culture and history of the Roma community has increased, the public attitude to the Roma community has been changing and the Roma themselves have become more active in looking for ways how to solve various problems of their communities.
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328.In the efforts of finding solutions to the rather difficult problems of the Roma communities, the contribution of non-governmental organisations is quite considerable. The Open Society – Lithuania Foundation has initiated a number of projects intended to teach skills in voluntary work, has organised summer camps for children and teenagers, held seminars for teachers on the special teaching methods most suited to the Roma, their customs and culture as well as on human rights. Since 1994, the Children’s Fund of Lithuania has been supplying food and clothes to the Roma children in Vilnius.
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329.The existing stereotype opinion about the unwillingness of the Roma to integrate and their natural preference for isolation and patriarchal communal life style has been refuted by the sociological research carried out in 2001 at the initiative of the Department of National Minorities and Lithuanians Living Abroad. The research has shown certain important trends among the Roma communities in respect of their integration into the public life of Lithuania. It has shown that Roma people are not predominantly traditional in their isolation. For example, one fourth of the respondents indicated that they would agree to rent a municipal flat, only 40 per cent of the respondents would definitely reject, the others would consider such a possibility.
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These findings refute the opinion that Roma are unwilling to live in flats in separate families. The research has shown that 90 per cent of the Roma in Vilnius hold an identity document, the others have a migration document. Over 90 per cent of the respondents indicated that they and their spouses were registered in Vilnius. This information refutes the opinion that Roma are deprived of the possibility to avail themselves of health and other services because they are not registered. The research provides a ground for the conclusion that the integration of the Roma into the public life of Lithuania can be effected through the creation of favourable conditions for the education of Roma children and for enhancing their motivation to acquire education.
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330.In the efforts to increase the employment rates among the Roma communities and their participation in the measures of the labour market policies, state institutions are encouraged to co-operate more closely with the Roma communities, while the Roma communities are encouraged to take a more active part in analysing and tackling problems related to their situation. A project of training for labour and employment is under development as part of the Programme for the Integration of Roma. Students of social sciences of Vilnius University are involved in collecting and processing information on the willingness of the Roma themselves to participate in the project, on their attitude to labour and the offers of the Labour Exchange.
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A lot of effort goes to the preservation of the unique cultural and linguistic heritage of the Roma communities. Since September 2001 the Romani language has been taught by a representative of the Roma at the Centre of Cultural Communities of Vilnius University. The Ministry of Education and Science is working on a textbook of the Romani language together with the representatives of the Roma communities. The textbook is intended to lay the foundation for the written Romani language in Lithuania. The anthropologists of Vilnius University have collected valuable material consisting of various stories from the life of Roma communities, which are going to be published in the near future. All that shows that the active dialogue between the Roma communities and the general public helps to foster their social ties and mutual trust, to eliminate dominating stereotypes and to enhance mutual positive images.