Latvia – IMM situation

IMM name: Ombudsman of the Republic of Latvia (Ombudsman)

IMM type: Ombudsperson entity

CRPD ratification date: 1 March 2010

IMM legal framework: Law on Convention on the Rights of Persons with Disabilities

Latvia ratified the CRPD on 1 March 2010. Upon the ratification of the UN Convention on the Rights of Persons with Disabilities the Law on Convention on the Rights of Persons with Disabilities was adopted to delegate the protection of rights of persons with disability to the Ombudsman of the Republic of Latvia. Law On Convention on the Rights of Persons with Disabilities, section 2 stipulates, that the Ministry of Welfare shall coordinate the implementation of obligations provided for in the Convention. Monitoring referred to in Article 33(2) of the Convention shall be ensured by the Ombudsman of the Republic of Latvia.

The IMM is an ombudsperson entity and an independent institution whose function is to encourage individuals to contribute to the protection of human rights and compliance with the principle of equal treatment and the prevention of any kind of discrimination. It includes both the ombudsman's institution and the National Institute for Human Rights and the Equality Institution. Law On Convention on the Rights of Persons with Disabilities, section 2 stipulates, “Monitoring referred to in Article 33(2) of the Convention shall be ensured by the Ombudsman of the Republic of Latvia”. The Ombudsman's tasks are specified in Section 12 of the Ombudsman's Law. The Ombudsman's tasks are specified in Section 12 of the Ombudsman's Law and include following activities:

• Accept and examine submissions of private individuals
• Initiate a verification procedure for the clarification of circumstances
• Request that institutions within the scope of their competence and within the time limits provided for by the law clarify the necessary circumstances of the matter and inform the Ombudsman thereof
• Upon the examination of the verification procedure, shall provide the institution with recommendations and opinions regarding the lawfulness and effectiveness of their activities, as well as the compliance with the principle of good administration
• In accordance with the procedures laid down in this Law, shall resolve disputes between private individuals and institutions, as well as disputes in respect of human rights between private individuals
• Facilitate conciliation between the parties to the dispute
• In resolving disputes in respect of human rights issues, shall provide opinions and recommendations to private individuals regarding the prevention of human rights violations
• Provide the Saeima, the Cabinet, local governments, or other institutions with recommendations in respect of the issuance of or amendments to the legislation
• Provide persons with consultations regarding human rights issues
• Conduct research and analyses the situation in the field of human rights, as well as provide opinions regarding the topical human rights issues

These tasks are suitable for the performance of all the functions of the above-mentioned institutions. The IMM is also mandated with the following functions:

• Promoting the rights of persons with disabilities, including through education, outreach, the media, training and capacity building
• Protecting the rights of persons with disabilities, including by receiving, investigating and resolving complaints, or by mediating conflicts and monitoring activities and reporting
• Monitoring the implementation of the CRPD.

The Commission acts in all areas under its responsibility according to an annual plan and undertakes/has undertaken the following activities:

• Evaluating policy, legislative and administrative compliance with the CRPD
• Offering legal and policy advice to ensure compliance with the CRPD and other relevant international human rights obligations of the State
• Initiating or undertaking research studies on the rights of persons with disabilities
• Receiving and considering complaints or reviewing the outcome of complaints received by the NHRI
• Undertaking investigations on the rights of persons with disabilities
• Promoting the rights of women and girls with disabilities in legislation and policies, including in the disability and gender-equality legislation and programmes
• Focusing on monitoring the rights of women and girls with disabilities and reporting
• Submitting alternative reports to the CRPD Committee and other relevant human rights treaty bodies or international human rights mechanisms
• Participating in the preparation of the State party’s periodic reports to the CRPD Committee
• Cooperating with other domestic mechanisms, as appropriate, such as the Parliament, the National Preventive Mechanism (NPM), National Human Rights Institutions (NHRI) and Equality Bodies, with the aim to reinforce human rights monitoring and reporting at the national level
• Liaising with the focal point(s) designated within government under Article 33(1) for matters relating to the Convention’s implementation: As the focal point for all issues regarding the rights of people with disabilities, the Commission works with all government ministries and agencies on issues relevant to the Convention's implementation
• Liaising with National Mechanisms for Reporting and Follow-Up on matters relating to the implementation of the CRPD.

The IMM’s membership is composed of persons with disabilities and representatives of organisations of persons with disabilities both as officials of the Commission and as members of the Commission Council on the Rights of Persons with Disability(Advisory Body). Furthermore, women with disabilities and their representative organizations participate in the membership and managerial functions of the independent monitoring mechanism. In terms of the process of selecting and appointing members to the IMM, the Commissioner is appointed following a Parliamentary scrutiny process, other officials are engaged through an open call for recruitment, and members of the Council for the Rights of Persons with Disability are appointed further to the stipulation of the law.

The monitoring activities in which persons with disabilities or their representatives’ organizations have been involved include:

• Monitoring of public policies and legislation concerning persons with disabilities
• Monitoring the situation of persons with disabilities in institutions such as residential care centres and other places of institutionalization
• Participating in joint initiatives between the National Preventive Mechanism or the Independent Monitoring Mechanism to monitor places of detention, including prisons, police stations and mental health institutions.

The persons with disabilities attend the decision-making process of the Independent Monitoring Mechanism, they have a voice throughout the deliberations. The persons with disabilities as designated experts on disability are invited and/or hired to support specific programmes in the Independent Monitoring Mechanism through established or ad hoc structure, depending on the initiative in question. Persons with disabilities monitoring their rights may submit findings or allegations of human rights violations to the Independent Monitoring Mechanism through the Commission’s Directorate for Investigations, compliance, and Enforcement. Persons with disabilities identifying themselves as self-advocates are invited to join specific monitoring activities by the Independent Monitoring Mechanism. The Ombudsman has cooperation agreements with certain non-governmental organizations on cooperation in resolving specific issues. The Ombudsman is open to cooperation and dialogue with any non-governmental organization. Based on the terms of the cooperation agreement, payment is made for participation in the monitoring process.

Note: If you wish to rectify or provide more information regarding your IMM, please contact ohchr-CRPDIMM@un.org