Situation in Latvia in relation to the protection of children from trafficking and exploitation Lauris Neikens Children and family policy department senior expert www.lm.gov.lv Lauris.Neikens@lm.gov.lv 7 December 2016

Institutional structure I Ministry of Welfare of the Republic of Latvia – the leading body of the state administration in the field and children and family policy. The Ministry of Welfare is also responsible for the provision of social rehabilitation services: - for children who are victims of illegal acts (except for trafficking); - for children who are victims of trafficking (separate program and service providers). NGO «Latvijas Bērnu fonds» & partner organizations provide social rehabilitation for children who are victims of illegal acts (except for trafficking); NGO «Resource Centre for Women «Marta»» provides social rehabilitation services for victims of trafficking. NGO «Shelter «Safe House»» will also start to provide social rehabilitation services to victims of trafficking in human beings from 1 January 2017 Children residential institutions – provide social care and social rehabilitation services (also treatment for children who are victims of exploitation and trafficking) State Police - investigation of exploitation and trafficking of children (special unit – ONAP for investigation of organised crime) Local government interdisciplinary teams or similar initiatives (in some local governments); Other bodies…

Institutional structure II Ministry of Interior Policy Guidelines for the protection of children against crime and prevention of children committing crime Policy Guidelines for the prevention of trafficking in human beings Working group convening regularly to assess the implementation of the policy guidelines - National coordinator for the policy on the prevention of trafficking in human beings; Ministry of Justice - is drafting a new policy document on the protection of children against crimes against morals and sexual inviolability (should be prepared until the end of 2016)

Law I There are several articles in the Criminal Law providing criminal liability for exploitation and trafficking of children, particularly: involvement of children in a crime; trafficking in human beings; involvement in prostitution; involvement of children in the creation of pornographic materials; sending a person for sexual exploitation. Latvian Code of Administrative Violations: - Involvement of a child in begging.

Law II Severe punishments for Criminal Offences against Morals, and Sexual Inviolability if the victim is a child. (deprivation of liberty from a few years to life imprisonment depending on the severity of the crime) Latest amendments in Criminal Law – in 2015 By increasing the term of the deprivation of liberty has been increased so that such crimes are always considered as severe or especially severe crimes. It is a criminal offence not to report about a severe or especially severe crimes.

Law III The limitation period for criminal liability for sexual crimes committed against minors starts count from the moment the child reaches 18 years of age and ends after 20 years (for severe or especially severe crimes); after 30 years (if life imprisonment may b applied).

Police records related to criminal offences In 2015 526 children had become victims of crime (all kinds of crime, not only exploitation or trafficking). trafficking in human beings: 2 children (2 girls); increase by 2 victims; Rape: 27 children (3 boys; 24 girls); increase by 8 victims; Sexual violence: 57 child victims (22 boys; 35 girls); increase by 13; Actions of sexual nature with a person who has not attained 16 years of age: 28 child victims (2 boys; 26 girls); increase by 14; Leading to Depravity (pavešana netiklībā): 27 children (4 boys; 23 girls); decrease by 37; Encouraging to Involve in Sexual Acts: 5 children (1 boy and 4 girls); Approximately one third of all the offences committed against children are crimes against morals and sexual inviolability (according to the State Police Data)

The results of police work have significtanly improved in 2015 compared to 2014. 95% of crimes against morals and sexual inviolability have been disclosed (which is an improvement by 30%).

Police records on administrative violations against children - involvement of children in begging – 4 children (decrease by 3); - repeated involvement – 3 (increase by 2); - involvement of children in beauty competitions – 0; - violation of law related to the involvement of children in events where the outer appearance of children are being evaluated – 0; - involvement of children younger than 16 in the organisation of meetings and marches- 0.

Service provider’s data (November 2015 – December 2016) 8 children have received social rehabilitation services for victims of trafficking in human beings, provided by NGO «Resource Centre for Women «Marta»» or children residential institutions. gender: all girls; age: 12-15; territory: became victim inside the country (did not travel abroad) from them: 2 received rehabilitation with a police reference (qualified according to Criminal Law as victims of trafficking in human beings); 3 received rehabilitation according to the assessment committees decision (police qualified the crime as involvement in prostitution); 3 received rehabilitation in a children residential institution. Living conditions of the victims: lived in risk families, in a residential institution and a foster family; One of the girls lived with her grandmother while her mother was working abroad; another girl lived in a foster family; Several girls had indications of neglect, at least two girls experienced alcohol abuse at home by their relatives; + a boy from Lithuania who was involved in a robbery (14 years old) was considered to be a victim of trafficking by the assessment committee. However the investigator has a different opinion. The boy was placed in a prison for minors and therefore the rehabilitation program was cancelled. Afterwards the boy was transferred back to the Lithuanian authorities.

Main conclusions The gender differences are very much visible: most of the victims of such crimes are girls, boys – less often. The risk to become a victim of crime against morals and sexual inviolability increases with the age of the child. Risk factors: neglect, lack or parenting, alcohol abuse, residetial institutions (?), foster care (?).

The registered number of cases – tip of the iceberg About many cases children will report only after 20-30 years There are cases known to the community but unknown to the competent institutions If one professional finds out about the sexual exploitation case the professionals from another sphere may not get information about that

Main policy activities Improved investigation mechanisms (child friendly); Training of professionals; Information of the society (families and children); Reference from criminal records; Duty to report about the offence; Protection of the child victim; Treatment for the victims; Decreasing the risk factors (significant role by the local governments)

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