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Latvia
Summary of Domestic Prohibition
Slavery and slave trade
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Practices similar to slavery
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Servitude
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Forced or compulsory labour
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Human trafficking
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Forced marriage
Provisions related to forced marriage in Latvia are found in the Civil Code, which addresses marriage under the influence of criminal threats at Article 67.
Consent to marriage
There appears to be no legislation in Latvia that requires consent to marriage.
Servile marriage
There appears to be no legislation in Latvia that prohibits servile matrimonial transactions.
Marriage trafficking
There appears to be no legislation in Latvia that prohibits marriage trafficking.
Minimum age for marriage
The minimum age for marriage in Latvia is 18, without differentiation by gender, as set out on Article 32 of the Civil Code. Where marriages are conducted involving a person below the minimum age, the marriage shall be declared annulled, as set out on Article 61 of the Civil Code. However, marriages below this age are permitted in exceptional cases and with the consent of the parents or guardians, , as set out on Article 33 of the Civil Code. These exceptions are not differentiated by gender, and allow marriage as early as 16.
Region
Eastern Europe
Regional Court
European Court of Human Rights
Legal System
Civil
International Instruments
International Obligations
- Slavery
- Servitude
- Institutions and Practices Similar to Slavery
- Forced Labour
- Human Trafficking
- Marriage Trafficking
Regional Organisations
- European Court of Human Rights
- Organanisation for Economic Cooperation and Development
- Organisation for Security and Cooperation in Europe
- European Union
- Organisation of Islamic Cooperation
- Council of Europe
Legislative Provisions
CONSTITUTION OF THE REPUBLIC OF LATVIA 1922 (REINT. 1991, AMENDMENTS THROUGH 2014)
Article 94.
Everyone has the right to liberty and security of person. No one may be deprived of or have their liberty restricted, otherwise than in accordance with law.
Article 95
The State shall protect human honour and dignity. Torture or other cruel or degrading treatment of human beings is prohibited. No one shall be subjected to inhuman or degrading punishment.
Article 97.
Everyone residing lawfully in the territory of Latvia has the right to freely move and to choose his or her place of residence.
Article 106.
Everyone has the right to freely choose their employment and workplace according to their abilities and qualifications. Forced labour is prohibited. Participation in the relief of disasters and their effects, and work pursuant to a court order shall not be deemed forced labour.
Article 107.
Every employed person has the right to receive, for work done, commensurate remuneration which shall not be less than the minimum wage established by the State, and has the right to weekly holidays and a paid annual vacation.108. Employed persons have the right to a collective labour agreement, and the right to strike. The State shall protect the freedom of trade unions.
CONSTITUTION OF THE REPUBLIC OF LATVIA 1922 (REINT. 1991, AMENDMENTS THROUGH 2014) (PDF)
CRIMINAL CODE
Section 71.2. Crimes against Humanity
For a person who commits crime against humanity, that is, for an activity which is performed as a part of vast or systematic offensive to civilians and which has been expressed as homicide, extermination, enslavement, deportation or forced movement, unlawful deprivation or limitation of liberty, torture, rape, involvement of a person into sexual slavery, compelling the engaging in prostitution, forced fertilisation or sterilisation, or sexual violence of similar degree of severity, apartheid, persecution of any group of people or union on the basis of political, racial, national, ethnical, cultural, religious or gender affiliation or other reasons which have been recognised as inadmissible in the international law, in relation to any activity indicated in this Section or genocide, or war crime or other activity provided for in the international law binding upon the Republic of Latvia, which causes serious physical or mental suffering,
the applicable punishment is life imprisonment or deprivation of liberty for a term of not less than three and not exceeding twenty years.
Section 74. War Crimes
For a person who commits war crimes, that is, commits violation of provisions regarding conduct of war prohibited in international law binding upon the Republic of Latvia or of international humanitarian law, including murder, torture of a person protected by humanitarian law or inhuman treatment of such person, taking of hostages, illegal deportation, movement, limitation of liberty, unjustifiable destruction of cities and other entities, or other prohibited activity,
the applicable punishment is life imprisonment or deprivation of liberty for a term of not less than three and not exceeding twenty years.
Section 146. Violation of Labour Protection Provisions
(1) For a person who commits violation of the requirements of regulatory enactments regulating labour protection or technical safety, where commission thereof is by the manager of an undertaking (company), institution or organisation, or other person responsible for compliance therewith, and if such offence has caused bodily injury with health disorder or permanent loss of ability to work, the applicable punishment is deprivation of liberty for a term not exceeding one year or temporary deprivation of liberty, or community service, or a fine.
(2) For a person who commits the same offence, if such has caused the death of a human being or serious bodily injury to several human beings, the applicable punishment is deprivation of liberty for a term not exceeding five years or temporary deprivation of liberty, or community service, or a fine.
Article 152. Illegal deprivation of liberty.
(1) For a person who commits unlawful acts depriving a person of the possibility to freely determine where he or she may be (illegal deprivation of liberty), if the elements of a criminal offence by a State official are not present,
the applicable punishment is temporary deprivation of liberty or community service, or a fine.
(2) For a person who commits the same acts, if such are committed in a manner dangerous to the life or health of the victim, or if they are associated with the causing of physical suffering to him or her, or they have continued for more than a week, or they have been committed repeatedly, or they have been committed by a group of persons pursuant to prior agreement,
the applicable punishment is deprivation of liberty for a term not exceeding three years or temporary deprivation of liberty, or community service, or a fine, with or without probationary supervision for a term not exceeding three years.
(3) For a person who commits illegal deprivation of liberty, if serious consequences have been caused thereby or if it has been committed by an organised group,
the applicable punishment is deprivation of liberty for a term not exceeding seven years, with or without confiscation of property and with or without probationary supervision for a term not exceeding three years.
Article 153. Kidnapping.
(1) For a person who commits a seizure, using violence or threats, or abduction of a person by fraud or using the state of helplessness of a person (kidnapping),
the applicable punishment is deprivation of liberty for a term not exceeding five years or temporary deprivation of liberty, or community service, or a fine, with or without probationary supervision for a term not exceeding three years.
(2) For a person who commits the same acts, if commission thereof is repeated, as well as for a person who kidnaps an underaged person,
the applicable punishment is deprivation of liberty for a term of not exceeding seven years, with or without confiscation of property and with probationary supervision for a term not exceeding three years.
(3) For a person who commits kidnapping, if serious consequences have been caused thereby or it has been committed against a minor, or it has been committed by an organised group,
the applicable punishment is deprivation of liberty for a term of not less than three years and not exceeding twelve years, with or without confiscation of property.
Article 154. Seizure of hostages.
(1) For a person who commits seizure or detaining of a person as a hostage, if such is associated with threats of murder, infliction of bodily injury or further detainment of such person for the purposes of compelling a natural or legal person or a group of persons to do
some act or refrain from doing such, proposing this as a condition for the release of the hostage,
the applicable punishment is deprivation of liberty for a term of not less than two years and not exceeding ten years, with or without confiscation of property and with or without probationary supervision for a term not exceeding three years.
(2) For a person who commits the same acts, if they have been committed against a minor or they have been committed by a group of persons pursuant to prior agreement,
the applicable punishment is deprivation of liberty for a term of not less than three years and not exceeding twelve years, with or without confiscation of property and with probationary supervision for a term not exceeding three years.
(3) For a person who commits the acts provided for in Paragraph one of this Section, if serious consequences have been caused thereby or they have been committed against a minor, or they have been committed by an organised group,
the applicable punishment is deprivation of liberty for a term of not less than five years and not exceeding fifteen years, with or without confiscation of property and with probationary supervision for a term not exceeding three years.
Section 154.1. Human Trafficking
- For a person who commits human trafficking, the applicable punishment is deprivation of liberty for a term not exceeding eight years, with or without confiscation of property.
- For a person who commits human trafficking if it has been committed against a minor, or if it has been committed by a group of persons pursuant to prior agreement, the applicable punishment is deprivation of liberty for a term of not less than three years and not exceeding twelve years, with or without confiscation of property and with or without probationary supervision for a term not exceeding three years.
- For a person who commits human trafficking if it has endangered the life of a victim or serious consequences have been caused thereby, or it has been committed involving particular cruelty or against a minor, or it has been committed by an organised group, the applicable punishment is deprivation of liberty for a term of not less than five years and not exceeding fifteen years, with or without confiscation of property and with or without probationary supervision for a term not exceeding three years
[Amended 25 April 2002; 16 December 2004; 13 December 2007/2; 8 July 2011; 13 December 2012; 14 March 2013]
Section 154.2. Meaning of Human Trafficking
- Human trafficking is the recruitment, transportation, transfer, concealment, accommodation or reception of persons for the purpose of exploitation, committed by using violence or threats or by means of deceit, or by taking advantage of the dependence of the person on the offender or of his or her state of helplessness, or by the giving or obtaining of material benefits or benefits of another nature in order to procure the consent of such person, upon which the victim is dependent.
- The recruitment, transportation, transfer, concealment, accommodation or reception of a minor for the purpose of exploitation shall be recognised as human trafficking also in such cases, if it is not connected with the utilisation of any of the means referred to in the Paragraph one of this Section.
3. Within the meaning of this Section, exploitation is the involvement of a person in prostitution or in other kinds of sexual exploitation, the compulsion of a person to perform labour or to provide services, the holding of a person in slavery or other similar forms thereof (debt slavery, serfdom or compulsory transfer of a person into dependence upon another person), and the holding a person in servitude or also the illegal removal of a person’s tissues or organs. [Amended 25 April 2002; 13 December 2012]
LABOUR LAW
Section 6. Invalidity of Regulations that Erode the Legal Status of Employees
(1) Provisions of a collective agreement, working procedure regulations, as well as the provisions of an employment contract and orders of an employer which, contrary to regulatory enactments, erode the legal status of an employee, shall not be valid.
(2) Provisions of an employment contract which contrary to a collective agreement erodes the legal status of an employee shall not be valid.
Section 7. Principle of Equal Rights
(1) Everyone has an equal right to work, to fair, safe and healthy working conditions, as well as to fair work remuneration.
(2) The rights provided for in Paragraph one of this Section shall be ensured without any direct or indirect discrimination – irrespective of a person’s race, skin colour, gender, age, disability, religious, political or other conviction, ethnic or social origin, property or marital status, sexual orientation or other circumstances.
(3) In order to promote the adoption of the principle of equal rights in relation to disabled persons, an employer has a duty to take measures that are necessary in conformity with the circumstances in order to adapt the work environment to facilitate the possibility of disabled persons to establish employment legal relations, fulfil work duties, be promoted to higher positions or be sent for occupational training or the raising of qualifications, insofar as such measures do not place an unreasonable burden on the employer.
Section 12. International Agreements
If an international agreement, which has been ratified by the Saeima, sets out provisions that differ from those contained in this Law, the provisions of the international agreement shall be applied.
Section 37. Prohibitions and Restrictions of Employment
(1) It is prohibited to employ children in permanent work. Within the meaning of this Law, a child shall mean a person who is under 15 years of age and who until reaching the age of 18 continues to acquire a basic education.
Section 61. Minimum Wage
(1) A minimum wage shall not be less than the minimum level determined by the State.
(2) The minimum monthly salary within the scope of normal working time, as well as minimum hourly wage rates, shall be determined by the Cabinet.
(3) The procedures for the specification and review of the minimum monthly wage shall be determined by the Cabinet.
CONSTITUTION OF THE REPUBLIC OF LATVIA 1922 (REINT. 1991, AMENDMENTS THROUGH 2014)
Article 110
The State shall protect and support marriage—a union between a man and a woman, the family, the rights of parents, and the rights of the child. The State shall provide special support to disabled children, children left without parental care, or who have suffered from violence.
CIVIL CODE
32.
Marriage prior to the reaching eighteen years of age is prohibited except in the case provided for in Section 33.
33.
By way of exception, a person who has reached sixteen years of age may marry with the consent of his or her parents or guardians if he or she marries a person of age of majority. If the parents or guardians, without good cause, refuse to give permission, then permission may be given by an Orphan’s and Custody Court of the place where the parents or appointed guardians reside.
61.
A marriage shall be declared annulled if it has been entered into before the spouses or one of them has reached the age provided for in Sections 32 or 33.
Such marriage shall not be declared annulled if, following the marriage, the wife has become pregnant or if both spouses have reached the specified age by the time of the court judgment.
65.
In the cases set out in Sections 60 to 64, an action for the annulment of a marriage may be brought by an interested person, as well as by the prosecutor.
Where a marriage is terminated by a death or divorce, only those persons whose rights have been affected by the marriage may bring action. If both spouses have died, action may not be brought to annul the marriage.
66.
In the cases set out in Sections 60 to 64, there is no prescriptive period for bringing an action for marriage annulment.
67.
A spouse may contest a marriage if the spouse has married under the influence of criminal threats.
Such an action shall be submitted within six months of the termination of the influence of the threats.
69.
Only a court or notary may dissolve a marriage. A marriage may be dissolved if the marriage is broken.
A court may dissolve a marriage in the cases provided for in this Chapter. A marriage is dissolved as of the day when the court judgment concerning the divorce comes into legal effect.
A notary may dissolve a marriage in accordance with the procedures laid down in the Notariate Law if both spouses agree on the divorce. A marriage is dissolved as of the day when a notary has drawn up a divorce certificate.
[28 October 2010]
70.
A court may dissolve a marriage based upon the application of one of spouses.
A notary may dissolve a marriage based upon the application of both spouses regarding the divorce which is drawn up in accordance with the procedures laid down in the Notariate Law.
[28 October 2010]
74.
If the spouses have lived separately for less than three years, the court may dissolve the marriage only in the case if:
1) a reason for breaking down of a marriage is physical, sexual, psychological or economical violation of the spouse against the other spouse who has requested the divorce, or against his or her child or joint child of the spouses;
2) one spouse consents to the request of the other spouse for the divorce;
3) one of the spouses has commenced cohabitation with another person and in such cohabitation a child has been born or the birth of a child is expected.
If a court believes that given the circumstances referred to in Paragraph one, Clauses 2 and 3 of this Section it is possible to save the marriage, for the purposes of the reconciliation of the spouses the adjudication of the matter may be adjourned for a period of up to six months.
If the spouses have lived separately for less than three years, a notary may dissolve the marriage only in the case if both spouses agree on the divorce and have submitted a submission regarding the divorce to the notary in accordance with the procedures laid down in the Notariate Law.
[28 October 2010; 29 November 2012]
75.
If one spouse requests the divorce due to a reason, which is not referred to in Section 74, Paragraph one of this Law, and the other spouse does not consent to the divorce, the court shall not dissolve the marriage prior to the time period indicated in Section 72 of this Law and for the purposes of the reconciliation of the spouses shall adjourn the adjudication of the matter.
[12 December 2002; 28 October 2010]
76.
A court shall not dissolve a marriage even though it has broken down if and insofar as the preservation of the marriage as an exception due to special reasons is necessary in the interests of the minor child born in the marriage.
[28 October 2010]
77.
A court shall not dissolve a marriage if spouses have not agreed on the custody, access rights of the minor
child born in the marriage, maintenance for the child, the division of common property or the relevant claims have not been resolved prior to the divorce and are not raised together with the request for the divorce.
A notary shall not dissolve a marriage if spouses have not certified that the marriage has broken down and have not agreed on the custody, access rights of the minor child born in the marriage, maintenance for the child and the division of common property.
[28 October 2010]
80.
In divorcing or after the divorce, a former spouse may claim means from the other former spouse commensurate with his or her financial state to ensure the previous level of welfare.
83.
If a marriage is declared to be annulled, each of the former spouses shall keep his or her own premarital property, as well as such property as he or she has acquired himself or herself during cohabitation. Property acquired in common shall be divided between the former spouses in equal shares.
If both spouses upon entering into marriage did not have knowledge that the marriage shall be declared annulled, or this was not known by one of them, the property acquired in common shall be divided according to the provisions regarding the division of lawfully acquired property in marriage: in the first case – in relation to both former spouses, and in the second case – in relation to the spouse who did not have knowledge that the marriage shall be declared annulled.
84.
Marriage creates a duty on the part of a husband and a wife to be faithful to each other, to live together, to take care of each other and to jointly ensure the welfare of their family
85.
Both spouses have equal rights in regards to the organisation of family life. In the event of differences of opinion, spouses shall endeavour to reach an agreement. Spouses may apply to the court for the resolution of a dispute.
89.
Each spouse retains the property which belonged to him or her before the marriage, as well as the property he or she acquires during the marriage as a separate property.
Everything acquired during the marriage by the spouses together, or by one of them, but from the resources of both spouses, or with the assistance of the actions of the other spouse, is the joint property of both spouses; in case of uncertainty, it shall be presumed that such property belongs equally to both spouses.
If, during the marriage, some valuable property belonging to a spouse is replaced by other property, the latter is the property of such spouse.
111.
A dowry, which, in the event of marriage, parents, kin or other persons have endowed a woman, shall be the property of the wife even if it has been given to the husband.
114.
The spouses may establish, alter or terminate their property rights in a marriage contract before marrying as well as during marriage.
If any of the persons to be married are under guardianship, he or she shall enter into a marriage contract with the consent of his or her parents or guardians.
If any of the persons to be married or spouses have restricted capacity to act, he or she shall enter into a marriage contract himself or herself to such amount in which a court has not restricted his or her capacity to act, but in the rest part – upon consent of the guardian. If a person, whose capacity to act is restricted, cannot act independently and a person to be married or spouse is also his or her guardian at the same time, the Orphan’s and Custody Court shall decide on entering into a marriage contract.
Marriage contracts, which contain instructions in the event of death, are subject to the general provisions regarding inheritance contracts.
117.
If a marriage contract provides for the separate ownership of all the property of the spouses, each of the spouses not only retains the property which belonged to him or her prior to the marriage, but also, during the time of the marriage, may independently acquire, use and act in regard to it independently of the other spouse.
124.
If the marriage contract provides for joint ownership of the property of the spouses, the property which has belonged to them prior to marriage, as well as the property which has been acquired during the marriage, except for their separate property (Section 125), shall be combined in one joint, indivisible whole which, during the duration of the marriage, shall not belong to either of the spouses as separate parts. In the marriage contract, when providing for the
joint ownership of their property, the spouses shall agree which of them shall be the administrator of the property in joint ownership (the husband, the wife or both jointly). If the administrator of the property in joint ownership is one of the spouses, such spouse may, subject to the limitations set out in Section 128, use the property without accounting therefor and act with the property in his or her own name, and it is his or her duty to cover family and joint domestic financial expenses.
If the spouse, who administers the property in joint ownership, due to illness or absence is not able to enter into a transaction, which pertains to property, which forms a part of the joint whole, or of conducting court proceedings pertaining to this property, the other spouse may replace him or her, if delay is risky.
If the spouse who is administering the joint property finds that a transaction entered into by the other spouse has harmed those property interests which are part of the joint property, he or she may, within a one year period from the
day when he or she became aware of it, contest it. In such a case, he or she must prove that the other spouse did not have grounds as mentioned in the second part of this Section to replace him or her.
178.
Parents living together shall exercise custody jointly.
If the parents are living separately, the joint custody of the parents continues. Daily custody shall be implemented by the parent with which the child is living.
In respect of issues which shall significantly affect the development of the child the parents shall take a joint decision. The differences of opinion between the parents shall be resolved by an Orphan’s and Custody Court unless otherwise provided for in the law.
The joint custody of the parents shall terminate upon the establishment on the basis of an agreement between the parents or a court adjudication of the separate custody of one parent.
179.
Parents, commensurate to their abilities and financial state, have a duty to maintain the child. Such duty lies upon the father and the mother until the time the child is able to provide for himself or herself. Disputes regarding the maintenance for the child shall be settled by the court.
The duty to provide for the maintenance of the child shall not terminate if the child is separated from the family or does not live together with one of the parents or with both parents.
If children have their own property, but that owned by their parents does not suffice to cover the expenditures necessary for the maintenance of the children, then these expenditures may be covered from the income derived from the property of the children; if such income does not suffice, then part of the property of the children may be used, but only with the permission of the Orphan’s and Custody Court.
If the parents are absent or they are not able to maintain the child, this duty shall lie in equal shares upon the grandparents. If the financial state of the grandparents is unequal, a court may specify for them the maintenance duty commensurate with the financial state of each.
The minimal amount of maintenance, which is the duty of each of the parents to ensure for the child irrespective of his or her ability to maintain the child and financial state, shall be determined by the Cabinet taking into account the minimum monthly salary and the age of the child.
A court shall on the basis of a petition from the plaintiff, without delay, take a decision regarding the amount the defendant shall, temporarily until the adjudication of the dispute, cover the expenditures necessary for the maintenance
of the child. The amount of temporary maintenance for the child may not be less than the minimal amount of maintenance of the child specified by the Cabinet.
[12 December 2002; 29 November 2012]
181.
A child has the right to maintain personal relations and direct contact with any of the parents (access rights).
Each of the parents has a duty and the right to maintain personal relations and direct contact with the child. This provision shall be applicable also if the child is separated from the family or does not live together with one of the parents or both of the parents. The parent who does not live with the child has the right to receive information regarding him or her, especially information regarding his or her development, health, educational progress, interests and domestic circumstances.
A child has the right to maintain personal relations and direct contact with brothers, sisters and grandparents, as well as with other persons with whom the child has lived with for a long time in a common household if such conforms to the interests of the child (access rights).
Any person shall have a duty to refrain from such activities that may negatively influence the relationship of the child with one of the parents.
[12 December 2002; 29 November 2012; 29 October 2015]
201.
If a minor marries, the parents shall lose the right to act on behalf of their minor child and to administer the dependent property of the child (Section 190). If such a marriage is dissolved or declared annulled, the rights of the parents to administer the dependent property shall not be renewed.
391.
Pursuant to law, invited to inherit are:
1) the spouse;
2) kin;
3) adoptees (Section 173).