Racism in Latvia
Legal framework
Legal framework
---------------

Article 91 of the [Constitution](/wiki/Constitution_of_Latvia "Constitution of Latvia") provides that "Human rights shall be realised without discrimination of any kind". Various laws forbid discrimination, including racial one, in various fields. Section 78 of the Criminal Law provides, as at 2017:

> (1\) For a person who commits acts directed towards triggering national, ethnic, racial or religious hatred or enmity,
> the applicable punishment is deprivation of liberty for a term up to three years or temporary deprivation of liberty, or community service, or a fine.

(2\) For a person who commits the same acts, if they are committed by a group of persons or a public official, or a responsible employee of an undertaking (company) or organisation, or if it is committed utilising an automated data processing system,
the applicable punishment is deprivation of liberty for a term up to five years or temporary deprivation of liberty, or community service, or a fine.
(3\) For committing the act provided for in Paragraph one of this Section, if it is related to violence or threats or if it is committed by an organised group,
the applicable punishment is deprivation of liberty for a term up to ten years, with or without probationary supervision for a term up to three years.
[The Criminal Law](http://www.vvc.gov.lv/export/sites/default/docs/LRTA/Likumi/The_Criminal_Law.doc) [State Language Center](/wiki/Latvian_State_Language_Center "Latvian State Language Center")
Section 48 of the same law allows racist motives of a crime to be considered aggravating circumstances.

Among the international instruments aimed to combat racism, Latvia is member of the [Additional Protocol to the Convention on Cybercrime](/wiki/Additional_Protocol_to_the_Convention_on_Cybercrime "Additional Protocol to the Convention on Cybercrime") (since 2007\), [Framework Convention for the Protection of National Minorities](/wiki/Framework_Convention_for_the_Protection_of_National_Minorities "Framework Convention for the Protection of National Minorities") (since 2005, with declarations) and [Convention on the Elimination of All Forms of Racial Discrimination](/wiki/Convention_on_the_Elimination_of_All_Forms_of_Racial_Discrimination "Convention on the Elimination of All Forms of Racial Discrimination") (since 1992; declaration to allow individual complaints is not made, as at 2017\). Besides, Latvia is member of some conventions forbidding discrimination, including racial, in certains fields ([Discrimination (Employment and Occupation) Convention, 1958](/wiki/Discrimination_%28Employment_and_Occupation%29_Convention%2C_1958 "Discrimination (Employment and Occupation) Convention, 1958") and [Convention against Discrimination in Education](/wiki/Convention_against_Discrimination_in_Education "Convention against Discrimination in Education")).

ECRI's recommendation to Latvia include making the declaration under CERD and ratification of various other treaties, including [Protocol No. 12 to the European Convention on Human Rights](/wiki/Protocol_No._12_to_the_European_Convention_on_Human_Rights "Protocol No. 12 to the European Convention on Human Rights"), [European Convention on Nationality](/wiki/European_Convention_on_Nationality "European Convention on Nationality"), [Convention on the Participation of Foreigners in Public Life at Local Level](/wiki/Convention_on_the_Participation_of_Foreigners_in_Public_Life_at_Local_Level "Convention on the Participation of Foreigners in Public Life at Local Level"), [European Charter for Regional or Minority Languages](/wiki/European_Charter_for_Regional_or_Minority_Languages "European Charter for Regional or Minority Languages") and [International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families](/wiki/International_Convention_on_the_Protection_of_the_Rights_of_All_Migrant_Workers_and_Members_of_Their_Families "International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families").Para. 7–10//[ECRI Third Report on Latvia, 2008](https://rm.coe.int/third-report-on-latvia/16808b58b3)

### Reporting documents on relevant treaties

| **Treaty** | **Latvia's report** | **Reaction by experts body** |
| --- | --- | --- |
| [Discrimination (Employment and Occupation) Convention, 1958](/wiki/Discrimination_%28Employment_and_Occupation%29_Convention%2C_1958 "Discrimination (Employment and Occupation) Convention, 1958") | . | 2017[CEACR Observation concerning Discrimination (Employment and Occupation) Convention, 1958 (No. 111\) Latvia](http://www.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID:3340488) |
| [Framework Convention for the Protection of National Minorities](/wiki/Framework_Convention_for_the_Protection_of_National_Minorities "Framework Convention for the Protection of National Minorities") | 2016[Latvia's third report on FCNM](https://rm.coe.int/16806c72e5) | 2018[Third Opinion on Latvia](https://rm.coe.int/revised-version-of-the-english-language-version-of-the-opinion/1680901e79) Advisory Committee on the Framework Convention for the Protection of National Minorities |
| [Convention on the Elimination of All Forms of Racial Discrimination](/wiki/Convention_on_the_Elimination_of_All_Forms_of_Racial_Discrimination "Convention on the Elimination of All Forms of Racial Discrimination") | 2017[Latvia's report on CERD for 2003–2017](http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CERD%2fC%2fLVA%2f6-12&Lang=en) | 2018[Concluding Observations of ICERD](https://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CERD/C/LVA/CO/6-12&Lang=En) |
|


How does the law address intersectional forms of discrimination, such as racism and sexism?