Naujienos

Rugsėjo 23 d. Ženevoje Jungtinių Tautų (JT) Vaiko teisių komitetas 64-oje sesijoje svarstė Lietuvos trečiąją ir ketvirtąją ataskaitą dėl JT Vaiko teisių konvencijos ataskaitos įgyvendinimo Lietuvoje. Pateikiame socialinės apsaugos ir darbo viceministro A. Bitino pasisakymą.

Introductory statement by the Head of Delegation,

Vice Minister of Social Security and Labour Mr. Audrius Bitinas

 The United Nations Committee on the Rights of the Child

64th Session

Geneva, 23rd September 2013

 Consideration of the combined third and fourth periodic reports of Lithuania

on Implementation of the United Nations Convention on the Rights of the Child

Madam Chairperson, dear Committee members,

It is a great honour for me and at the same time big responsibility to present to the honourable Committee periodic report “Implementation of the United Nations Convention on the Rights of the Child in Lithuania“. Lithuania ratified UN Convention 18 years ago. It is gratifying that throughout this period there have been many positive changes in our country in order to properly implement the commitments in the area of the protection of the Rights of the Child. That is reflected in the reports submitted to the Committee.

Before briefly presenting the report and recent developments since its submission in 2010, let me introduce to you the members of the Lithuanian delegation: H.E. Mr. Rytis Paulauskas, Ambassador Extraordinary and Plenipotentiary, Permanent Representative of the Republic of Lithuania to the United Nations Office and other International Organizations in Geneva (Deputy Head of Delegation); Ms. Gražina Belian, Deputy Director of Drug, Tobacco and Alcohol Control Department of the Republic of Lithuania; Ms. Irma Čižienė, Director of National Centre for Special Needs Education and Psychology, Ministry of Education and Science of the Republic of Lithuania; Ms. Karolina Anda Juodpusytė, Social Security and Labour Attaché of the Permanent Mission of the Republic of Lithuania to the United Nations Office and other International Organizations in Geneva; Ms. Areta Miškinienė, Head of Children Division, Family and Communities Department, Ministry of Social Security and Labour of the Republic of Lithuania; Mr. Julius Pagojus, Advisor to the Minister of Justice of the Republic of Lithuania; Ms. Živilė Skeivienė, Head of Law Division, Lithuanian Labour Exchange under the Ministry of Social Security and Labour of the Republic of Lithuania; Ms. Gaivilė Stankevičienė, Second Secretary of the Permanent Mission of the Republic of Lithuania to the United Nations Office and other International Organizations in Geneva; Ms. Jolanta Šliužienė, Deputy Director of the Department for the Affairs of Disabled at the Ministry of Social Security and Labour of the Republic of Lithuania; Ms. Odeta Tarvydienė, Director of State Child Rights Protection and Adoption Service under the Ministry of Social Security and Labour of the Republic of Lithuania; Ms. Irina Urbonė, Head of Law Application Division, Law Department, Ministry of the Interior of the Republic of Lithuania; Ms. Jadvyga Zinkevičiūtė, Vice-Minister of Health of the Republic of Lithuania.

Let me continue by noting that the information provided in the report is on the measures implemented in the area of the protection on the Rights of the Child during 2004-2008. In May 2013 the Committee was provided with the replies to the list of issues that contain information about the changes during recent years in this area.

Despite the positive changes, it is necessary to notice that there are still some difficulties concerning certain provisions of Convention regarding the implementation of the Committee recommendations. Understanding the particular importance of this document authorities of Lithuania are putting all efforts to improve the legislation, to prepare and implement the programs, plans in different areas of the Rights of the Child, to ensure harmonious cooperation among central and local authorities as well as cooperation with non-governmental organisations, local communities, children and parents. Children are the special part of the society. They require special attention and devotion, understanding of close family members, competent officers. Consequently, state authorities devote significant attention to qualification improvement of employees, civil servants, police and other officers working with children. Service of Child welfare under the Ministry of Social Security and Labour started its work in 2005 in order to ensure close interinstitutional cooperation.

Today I would like to thank all Lithuanian non-governmental institutions, especially to our active partners, such as NGO Confederation for Children, Save the children Lithuania, non-formal coalition on children rights Global Initiative.

Also I want to thank to the Lithuania Ombudsman of the Rights of the Child and employees of the institution for active participation and cooperation.

Recent years in our country, as in many European countries were economically difficult, but it is important to note that, despite the economic difficulties in the State, many of the programs and measures designed for the protection of the rights of the child have not declined but were further developed.

Parliament of the Republic of Lithuania in order to develop a coherent and coordinated institutional framework for the protection of Rights of the Child, by 2012 decision approved transformation concept on the protection of the Rights of the Child institutional system. The concept defines the main institutions related to the protection of children's rights, tasks, features, location within the framework of the State institutions. Therein presumptions are made to strengthen the functions of the protection of the Rights of the Child management and control system in order to improve their performance, to ensure the smooth functioning of cooperation. When implementing this concept in 2013 the State budget targeted grants to municipalities for additional funds for the augmentation of the number of professionals working with children have been increased already. Strengthening the social work with social families at risk, in 2014 the State budget foresees to provide additional funds for 83 new social employees who are working with social families at risk, the establishment of the positions in the municipalities. Currently, the protection of the Rights of the Child in the municipalities has 344 specialists and 670 social employees working with 10,6 thousand social families at risk and 21 thousand children raised in the mentioned families.

In order to implement the provisions of the Concept, project of Law of Fundaments of Child Rights Protection of the Republic of Lithuania amending act has been prepared. It is expected to be submitted for consideration to the Parliament of the Republic of Lithuania by the end of 2013.

Some of the proposed provisions in this draft law are likely to be broadly discussed in the society, since it provides for an obligation for parents not to leave children from 7 up to 14 years without supervision of adults or senior persons than 14 years as well as not to leave children from 7 up to 14 years without supervision of adults or senior persons than 14 years during the night period. It is foreseen in this draft to pay great attention for the plan of family formation and its execution. This provision is intended to ensure close cooperation between the administrative bodies of the municipality, as well as cooperation with the child's parents, the police, the Prosecutor's Office officials, health care professionals, representatives of non-governmental organizations, in order to provide effective apropos assistance to the family and to prevent the segregation of the child from the family. Due to promote the guardianship within the family it is achievable to create a so called professional guardian system, which we hope will have a positive impact on institutional child care. It should be noted that over the past years, positive changes have been already occurring: the growing number of children in foster care institutions decreased from 5,400 children (in 2006) to 4030 children (in 2012). Since 2008 the future foster parents (guardians) of the child started to be developed in accordance with the common training program (PRIDE), they are also provided with help if they have taken care of a child or have adopted a child already. These trainings are organized and help is provided to guardians and foster parents by the certified social employees. After having changed Child custody regulations a more intense child foster care (guardianship) organisation maintenance shall be carried out.

Without any doubt the Child custody system reconstruction remains one of the priority areas because 38% of children in care (under guardianship) reside in institutions currently. At present, an inter-institutional program of Transition from institutional care to care within the family and community services for the deprived children and for people with disabilities is under preparation.

Lithuania's National education strategy for the period to 2013-2022 is under preparation. One of the objectives is to ensure adequate access to education and equal opportunities, maximizing the development of children's and young people's education coverage, to present to pupils, students and young people the best opportunities to expand the capacity of the individual abilities and to meet special educational and study needs. It is planned to reach that various non-formal education activities should be attended by all the pupils. The particular attention should be devoted to rural children, talented children and those of social risk, persons with special needs, the development of non-formal education. In general the number of pupils with special educational needs is constantly decreasing since 2005 (by more than 32 percent through eight academic years).

Increasing attention is paid to the protection of the health of children in the system and the availability of health services increase. Mother's and Child Health Department was established and started functioning from 2^nd of September 2013 under the Ministry of Health. This is one of the measures of the sixteenth government programs in order to develop healthy lifestyles from infancy, to strengthen the health of the mother and child and in particular to pay great attention to the early diagnosis and treatment of children's diseases.

Children mental health problems, suicides are a challenge not only to the health care system. When implementing 2007-2013 Human Resource Development Programme, the study was carried out. It analyzed the status of mental health of children and youth in Lithuania, risk and protective factors of mental health disorders were determined, conclusions and recommendations on the issues of child and youth mental health ruling were provided. In the context of "The legal framework for the evaluation of mental health services and child mental health services optimization" project, conception of the Mental Health of Children will be prepared.

Addiction diseases treatment services are provided in accordance with the principle of the approach: in conjunction with the treatment and social rehabilitation services. The monitoring information system for Persons, who are addressing to personal health care institutions due to mental and behavioural disorders caused by the use of narcotic drugs and psychotropic substances, was founded in Lithuania on 1st July, 2011.

In Lithuania, tobacco, alcohol, drugs and the prevention of the use of the control policy and implemented measures take on the integrated (general) approach. In the resolution for 2011 the Parliament of the Republic of Lithuania ”Due to a targeted drug, tobacco and alcohol use prevention and control policy" has committed itself to supporting the implementation of complex investment target of drugs, tobacco and alcohol use in primary prevention measures, with particular emphasis on children and youth provisions of the mature value judgement and healthy life skills-building.

The enhanced legislative framework governing the procedural rights of children in Lithuania is under improvement. In order to validate permission to hear cases behind the closed door in which the victims are accepted persons are under the age of eighteen years, consolidate the compulsory use of video and audio for the victim of a minor witness and questioning during the pre-trial investigation, prepared by the Republic of Lithuania Code of criminal procedure and the code for amending and supplementing the draft law supplementing the annex. Conducting the pre-trial investigation upon the mandatory entry, the entry will be evidence in the investigation and it could be declared during the defendant session. If the child is invited to the meeting, he shouldn’t be able to be in the same room with other participants of the process and to carry out a survey of the child in terms of using the audio and video recording equipment. 41 juvenile survey rooms were equipped in 2008-2010 in the courts of Lithuania. Currently there are 6 survey rooms in the police offices.

It should be noted that after the adoption of, the protection against violence in the close surroundings of the law approved by the Republic of Lithuania in 2011, it is provided that if there is violence in the close surroundings of fact, a violator may be given a temporarily move out of the residence if a violator lives with a person who experienced violence, as well as the obligation to violator do not approach the person sustaining the violence, do not communicate or be in contact with him. A complex (psychological, legal, medical) help is provided for a child, who has experienced violence or sexual abuse, and family members. This help through non-governmental organizations is provided for every child-victim in the municipalities.

The legal framework of the Republic of Lithuania Criminal code the regulation on the protection of children from sexual abuse and exploitation was improved in 2010.  16 years age limit was introduced as a limit for the sexual intercourse and shall not give rise to the criminal liability.

The draft amendment law of the Penal Code was registered in 2012 in the Parliament of Lithuania. It establishes criminal responsibility for participation at the event of pornographic nature, where child exploitation is included, expanded composition for child usage for pornography, step up in responsibility for the disposal of the adult content, which depicted the child or the person is presented as a child.

 The Parliament of the Republic of Lithuania in November 2012, has ratified the Council of Europe Convention on the protection of children against sexual exploitation and sexual abuse against them. When implementing the programme of the European economic area and financed by the Norwegian financial mechanism " Group of children and youth at risk", it is envisaged to implement Help Center for children victims of sexual abuse till the year 2016. Within the framework of this programme the development of the Children's day centres and open centres for young people, staff and volunteers in these centres qualification training will also be funded.

The Parliament ratified Convention of the Council of Europe in 2012 on action against trafficking in human beings. In order to properly implement the provisions of this Convention and to enhance the effectiveness of the combat against trafficking in human beings the amendments to the Criminal Code were adopted on 30th June, 2012. On the basis of these amendments, the trade in human beings and the purchase or sale of the child henceforth recognized as criminal acts not only when they are made for the purpose of the exploitation of prostitution, pornography or other forms of sexual exploitation, slavery, forced labour or services but also when they are committed by any other exploitation, including the exploitation of begging or offence to do so. From now on the criminal law also directly indicates that the consent of a victim of trafficking for the purposes of exploitation does not remove the liability of the perpetrator. A new article has been added to The Criminal Code. It provides for criminal liability for the use of trafficked labour or provision of services, including prostitution, where the perpetrator knew or should have known that the person was able to this job working or those services have been provided due to the fact that it was used for the purposes of exploitation of the physical violence, threats, deception or other forms of personal faith inclination.

Every year, the Ministry of Internal Affairs, in collaboration with other State authorities, local governments, NGOs and international migration Office in Vilnius, provides reports on investigations of human trafficking, measures taken in the field of the fight against trafficking in human beings and the results achieved. The Ministry is also actively participating in the Working Group of the Council of the Baltic Sea region against trafficking in human beings. Measures of the combat against trafficking in human beings, covering prevention of trafficking in human beings entered into a National crime prevention and control programme.

The international project "ADSTRINGO" (Engl. Addressing trafficking in human beings for labour exploitation through improved partnerships, enhanced diagnostics and organisational approaches) was launched in 2012.  It is dedicated to the prevention of forced labour, trafficking in human beings in 9 countries of the Baltic Sea region. We hope that the implementation of this project will reduce the number of victims of trafficking in human beings and will have a positive impact on the public to guard against forced labour and trafficking in human beings.

Worth mentioning is the fact that in order to absorb the best practices of restorative justice in the European Union in order to develop a national training program, which would allow police officers to work more efficiently with the same criminal and unsociable behaviour in minors, the Police Department under the Ministry of Internal Affairs and the Centre for crime prevention In the European Union has implemented a specific programme for 2007-2013 "Prevention of and fight against crime" for the project "Capacity-building of police officers, to ensure an effective impact on the delinquent behaviour of juvenile through the installation of restorative justice models.

This and other information contained in the report of the State and in response to the list of issues put by members of the Committee. Today we have the opportunity not only to present the achievements of our State but as well as our future plans, efforts and commitments which will enable the children living in Lithuania to feel happy, to exercise their freedoms and rights. We also strive for the parents to be able to care for their children, and the State to be ready, as required, to give them timely assistance.

 Thank you for your attention.