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Responding to racism in Latvia - Horus

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political rEality:<br />

NAtiONAL LAws AgAiNst RAcism<br />

The equality pr<strong>in</strong>ciple is established <strong>in</strong> the Constitution. Anti-discrim<strong>in</strong>a-<br />

tion clauses exist <strong>in</strong> a number of laws. The Employment Directive has<br />

ma<strong>in</strong>ly been transposed, but the transposition of the Race Directive <strong>in</strong><strong>to</strong><br />

national law was <strong>in</strong>complete by early 2006, await<strong>in</strong>g adoption of amend-<br />

ments <strong>to</strong> separate laws. Previous plans for a comprehensive anti-dis-<br />

crim<strong>in</strong>ation law were abandoned.<br />

Prohibited grounds for discrim<strong>in</strong>ation are <strong>in</strong>consistent <strong>in</strong> different laws,<br />

but <strong>in</strong>clude race, ethnicity and religious conviction, and <strong>in</strong> the Labour<br />

Law also sk<strong>in</strong> colour.<br />

Crim<strong>in</strong>al Law Section 78 prohibits <strong>in</strong>citement <strong>to</strong> racial and ethnic hatred,<br />

as well as restriction of economic, political, or social rights based on race<br />

and ethnicity. Violation of equality rights based on religious conviction<br />

and <strong>in</strong>citement <strong>to</strong> hatred based on religion, as well as the violation of re-<br />

ligious sensibilities, are prohibited <strong>in</strong> Section 150. Cases <strong>in</strong>itiated under<br />

Section 78 have <strong>in</strong>creased over time, ma<strong>in</strong>ly relat<strong>in</strong>g <strong>to</strong> publications. In<br />

2005, police <strong>in</strong>itiated 13 cases. No legal case based on Section 150 has<br />

been reported.<br />

However, racist <strong>in</strong>cidents <strong>in</strong> 2005 brought <strong>to</strong> light the <strong>in</strong>sufficiency of the<br />

legislation. Racism is not an aggravat<strong>in</strong>g fac<strong>to</strong>r and there are no other<br />

hate crime clauses. Racist assaults were treated as cases of hooligan-<br />

ism or public disturbances.<br />

The Secretariat of the Special Assignments M<strong>in</strong>ister for Social Integra-<br />

tion is responsible for the implementation of the Race Directive, and<br />

with<strong>in</strong> it a Department for the European Policy of Non-Discrim<strong>in</strong>ation was<br />

created <strong>in</strong> 2005. The <strong>Latvia</strong>n National Human Rights Office <strong>in</strong> Decem-<br />

ber 2005 became the designated equality body. Its newly established<br />

Unit for Elim<strong>in</strong>at<strong>in</strong>g Discrim<strong>in</strong>ation covers the equality pr<strong>in</strong>ciple overall.<br />

At the beg<strong>in</strong>n<strong>in</strong>g of 2006 the department consisted of four persons.

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