REPUBLIC OF LITHUANIA
LAW
ON FUNDAMENTALS OF PROTECTION
OF THE RIGHTS OF THE CHILD
Chapter I
GENERAL PROVISIONS
1. The purpose of this Law is improvement of legal
protection of children within the country, through establishment
of principles in defence of the rights and freedoms of the child,
co-ordinated with the Constitution of the Republic of Lithuania
and international law norms and principles.
2. Within this Law are established the fundamental rights,
freedoms and obligations of the child, and the most important
guarantees of protection and defence of these rights and
freedoms, based upon the Constitution of the Republic of
Lithuania, the 1959 United Nations Declaration on the Rights of
the Child, the 1989 Convention on the Rights of the Child, and
other norms and principles of international law, while taking
into account the specific situation of the child within family
and society and national law traditions, fundamental rights,
freedoms and obligations of the child and the most important
guarantees for the defence thereof. This Law also shall regulate
the fundamental conditions in child behaviour control and
liability thereof, establish parental liability and that of other
natural and legal persons for violations of the provisions of the
general rights of the child, the system of institutions for the
protection of the rights of the child and the legal principles of
activity thereof.
Article 2. Concept of the Child
A child is a human being below the age of 18 years, unless
otherwise established by laws.
Article 3. Legal Representatives of the Child
Legal representatives of the child shall be parents, foster
parents, guardians, custodians and other persons, who in
accordance with the law or other legal act, must care for the
child, educate him, support him, represent him and defend his
rights and rightful interests.
Article 4. General Provisions in Defence of the Rights of
the Child
Parents, other legal representatives of the child, state,
municipal government and public institutions and other natural
and legal persons must abide by the following provisions and
principles:
2) a child shall have the right to avail himself of all the
child rights and freedoms established by the Constitution of the
Republic of Lithuania, this Law and other laws and legal acts;
3) every child shall enjoy equal rights with other children
and can not be discriminated against for reasons of his parents'
or other legal child representatives' gender, age, nationality,
race, language, religion, convictions, social, monetary and
family position, state of health or any other circumstances;
4) every child shall be given an opportunity to be healthy
and develop normally physically and mentally, prior to his birth
as much as afterwards, and upon birth, a child must be guaranteed
an opportunity to also, develop morally and to participate in
life within society;
6) transactions drawn up in violation of the rights of a
child (leaving child without a home, minimal means of
subsistence, care, guardianship), other acts that shall limit or
otherwise restrict a child's personal, property and other rights
and freedoms, shall be considered invalid;
1. The Constitution of the Republic of Lithuania, this and
other laws and legal acts establish child rights and freedoms and
the protection thereof.
2. In resolving the disputes arising, whenever the laws or
other legal acts regulate relations linked with the rights,
freedoms and protection thereof, of a child, differently from
this Law, or in cases whereby these relations are not regulated
by laws, appropriate provisions of this Law shall be applied.
Article 6. Basic Guarantees of the Rights of Child
Protection
Rights of the child shall be protected and guaranteed as
follows:
1) parents or other legal representatives of a child must
create conditions suitable for a child to live and grow up within
a family and to take care of him;
3) appropriate state and municipal institutions shall be
created and tasked with implementation of protection of rights of
the child;
5) preventive educative measures shall be applied: way shall
be barred for criminal activity and other violations of law;
6) state and municipal institutions shall allot funds to
prepare and implement protection measures for protection of the
rights of the child;
7) funds and other material valuables derived for children,
through charity sources, would be utilised expediently;
8) appropriate social activity, in public organisations,
traditional and state-recognised religious communities, relevant
to protection of rights and freedoms of the child, shall be
encouraged and supported.
Chapter II
FUNDAMENTAL RIGHTS AND FREEDOMS OF THE CHILD
Article 7. Right of the Child to Life and Growth
2. All types of scientific experimentation or other
experimentation involving a child, that may be detrimental to his
life, health, or normal personal development, shall be
prohibited. This prohibition shall also apply even in the
presence of an agreement by the child, his parents or other legal
representatives of the child.
Article 8. Right of the Child to Good Health
The right of the child to good health shall be guaranteed
by:
1. From birth the child shall have the right to a name,
surname, nationality and citizenship, a right to family and other
ties linked to his individual identity and their preservation.
2. The rights of the child and their guarantees, listed in
the first part of this Article, shall be established by the Code
on Marriage and Family, the Law on Citizenship and other laws and
legal acts.
Article 10. Right of the Child to Personal Life, Personal
Inviolability and Freedom
1. The child shall have a right to personal life,
associations, privacy in correspondence, personal inviolability
and freedom. These rights and freedoms shall be protected and
defended by the Constitution of the Republic of Lithuania, this
Law and other laws and legal acts.
2. A child shall not be tortured and injured, his honour and
dignity be degraded and be subjected to cruel treatment.
Article 11. Right of the Child to Living Conditions
The right of the child to living conditions is vital for his
physical, intellectual, spiritual and moral development and shall
be ensured by parents, other legal representatives of the child
and municipal institutions.
Article 12. Property Rights of the Child
1. The child shall have the right to property, which is
guarded and defended by the Constitution of the Republic of
Lithuania, this Law and other laws.
2. The child's property rights, their acquisition and
implementation shall be regulated by Civil, Marriage and Family
Codes, and other laws and legal acts.
3. Upon due consideration as to his capability, a child
shall have the right either himself or through his legal
representatives, to draw up transactions, maintain deposits in
institutions of credit and dispose of it for income or stipends,
to implement other ownership rights, which shall be established
through corresponding laws and legal acts.
4. Parents or other legal representatives of the child may
dispose of the property belonging to the child through right of
ownership, only upon securing findings issued by an institution
for protection of the rights of the child, that such transactions
shall not be contrary to the interests of the child.
5. In dividing property, which is the joint property of the
marriage partners (parents), the rights of ownership of the
children must be considered in every regard.
Article 13. Right of the Child to a Home
2. An orphan (child whose parents are deceased) or a child
who has been left without parental care or guardianship, and has
been remanded to a home for children, relatives, and the care of
other individuals, regardless of whether or not care
(guardianship) had been established for him, shall maintain a
right to the home, where he lived previously, or another home of
equal quality shall be assigned him according to procedure
established by laws.
3. An orphan left without parental care and guardianship and
without a home to live in, shall be provided one according to
procedure established by laws.
4. An orphan left without parental care and guardianship,
may not be moved from his home without being provided a home of
equal quality.
5. When parents or other legal representatives of the child
shall implement inadequately or fail to implement the
requirements set forth in Article 11 of this Law, the findings by
an institution for protection of the rights of the child shall be
required in the mortgaging, sale or giving away of the home where
the child resides, to demonstrate that such transactions are not
contrary to interests of the child.
Article 14. Social Rights of the Child
1. The child shall have the right to an education, right to
acquire a profession, to choose a job and also, the freedom of
thought, conscience, religion and speech and the right to use of
various humanitarian information and dissemination thereof, to
participation in public life, peaceful assemblies and
organisations, and the right to freedom of expression of his
opinions.
3. Social rights of the child indicated in this Article
shall be established, protected and defended by this Law, other
laws and legal acts.
Article 15. Right of the Child to State Assistance and
Maintenance
1. Every child who does not receive sufficient maintenance
from his parents or legal representatives, shall be rendered
state assistance. The size, provision procedure and conditions
whereof, shall be established by laws and other legal acts.
2. An orphan or child left without parental care and
guardianship shall be supported by the state, according to
procedure established by laws. Every such child, regardless of
the form of care (state, private, social, family, personal), must
be ensured equal material conditions by the state and local
municipal institutions.
Article 16. Right of the Child to Rest and Leisure
3. State and municipal institutions establish and support
children's sport, creative endeavour, leisure and health clubs,
camps, family leisure homes and sanatoriums and create conditions
for children to take advantage of privileges granted through
social insurance.
4. The laws shall guarantee rest and leisure of children.
Article 17. Rights of Children Belonging to Ethnic
Communities
(Minorities) of the Republic of Lithuania
Children belonging to ethnic communities (minorities) of the
Republic of Lithuania shall have the right to develop their own
language, culture, customs and traditions. This right shall be
ensured by the Constitution of the Republic of Lithuania, laws
and other legal acts.
Article 18. Rights of the Refugee Child
1. A child, who shall be recognised as a refugee in
accordance with the laws, shall have the right to assistance and
protection. If necessary, a search shall be conducted for the
parents and relatives of the child or other persons or
institutions. to whom he may be turned over.
2. A child refugee shall be applied provisions of the Law
"On The Status of Refugees within The Republic of Lithuania."
Article 19. Right of the Child to Participate in Child
Protection Programmes
A child shall have the right to take part, either on his own
or through his legal representatives, in the preparation and
implementation of child right protection programmes.
Chapter III
THE CHILD AND THE FAMILY
Article 20. Establishment of the Rights of the Child within
the Family
The rights of the child within the family shall be defined
by the Constitution of the Republic of Lithuania, this Law, the
Marriage and Family Code, other laws and legal acts.
Article 21. Obligation of Parents or Other Legal
Representatives of the
hild to Bring up, Care For and Support the Child
1. Parents or other legal representatives of the child shall
be obliged to create conditions for the child to grow, develop
and improve and to bring up their children as humanely moral
individuals.
2. Both parents must be equally involved in the child's
upbringing, provide suitable care, material support and ensure
availability of a home for him.
3. In the event of a dispute in establishing paternity
(maternity), all possible proofs must be considered, which would
attest to the fact that the respondent is indeed the father
(mother) of the child.
Article 22. State Assistance of Families Raising and
Bringing up Children
The state shall assist families (especially large ones), who
are raising and bringing up children, by designating, according
to procedure established by laws, maternity (paternity), child
birth as well as family benefits, and providing parents with
special-purpose vacations and providing them assistance and
privileges.
Article 23. Right of the Child to Live with Parents or
Persons Representing Them
2. To separate a child from his parents or his other legal
representatives against the will of the child, as well as that of
his parents (legal representatives), shall be permitted only
under extraordinary circumstances, provided for by laws and
according to the established procedure, based upon a court
decision (verdict) and when such a separation becomes necessary
for the child (striving to avoid danger to the life and health of
the child, and it becomes necessary to become concerned about his
care and upbringing and to protect other important interests of
the child).
3. In the event of danger being posed to life or health of a
child, he may be immediately separated from his parents, or other
legal representatives, in accordance with the norms established
by the Marriage and Family Code.
4. Disputes arising over the child's place of residence, in
cases wherein the parents live separately, shall be resolved by
the court, guided by the Marriage and Family Code norms. In the
resolution of such disputes, priority consideration must be
accorded to interests and desires of a child, capable of
expressing his own opinion, as to which one of his parents he
would desire to live with.
Article 24. Right of the Child to Associate with Separated
Parents
1. A child shall have the right to receive information about
the mother or father, who does not live with him, with the
exception of instances wherein this could prove to be of
detriment to the child.
2. The opportunity to associate with mother, father and
close relatives, who do not live with him, should be ensured for
the child, with the exception of instances established by law,
wherein such association could prove to be of detriment to the
child.
3. The court shall resolve disputes regarding implementation
(or restriction) of rights of the child, set forth in parts one
and two of this Article.
Article 25. Care and Guardianship
1. Care (guardianship) shall be established, according to
procedure established by laws, for a child left without parents
or their care.
2. In establishing the care (guardianship), an attempt must
be made to create conditions enabling him to live within a
family, along with his brothers and sisters.
Article 26. Foster Care
1. In order to ensure that a child left without his parents,
may be provided an opportunity of growing up in family
surroundings, he may be placed in foster care.
2. The Marriage and Family Code and other legal acts
establish conditions regarding foster care and dissolution
thereof, and the procedure and legal consequences of such.
Chapter IV
THE DISABLED CHILD
Article 27. Concept of the Disabled Child and Regulation of
his Rights
1. A disabled child is a child, having some congenital or
acquired physical or mental disabilities, which have been
determined by a child health care institution and which interfere
with his ability to develop normally and his adaptation and
integration into society.
2. This Law, the Law on Social Integration of the Disabled,
other laws and legal acts shall establish the rights of disabled
children and guarantees thereof.
Article 28. Right of the Disabled Child to Experience a Full
- valued Life
A disabled child shall have equal rights with normal
children to lead an active life, develop and acquire an education
befitting his physical and mental potential and desires, to be
engaged in work that suits him and to participate in creative and
social activity.
Article 29. Special Care of the Disabled Child
1. Recognising his special needs, a disabled child shall
have the right to obtain special (extraordinary) care. The person
who cares for him, shall be rendered social, medical and other
assistance.
2. A disabled child shall have the right to privileged
services by treatment providing institutions, sanatoriums and
resorts, as provided by laws and other legal acts. He shall be
given qualified medical assistance based on early diagnosis, and
provided appropriate corrective and rehabilitative treatment
methods. This assistance shall be provided by physician
specialists, prosthetics experts, rehabilitation experts and
other medical specialists and, when dictated by necessity,
treatment will be scheduled in institutions of specialised
medicine.
Article 30. Adaptation of Environment for the Disabled Child
1. Public buildings, streets and transportation means, which
are to be used by a disabled child, shall be adapted to the
special needs of a disabled child.
2. Specially adapted accommodations shall be installed
within institutions intended for these children.
3. State and municipal executive institutions shall ensure
according to their competence and potential, that requirements
indicated in parts one and two of this Article, would be
implemented.
Article 31. Funds for Disabled Children
1. Parents and other legal representatives of the child, who
are raising and caring for a disabled child at home, shall have
the right to obtain required assistance from the state budget.
2. The laws and other legal acts shall establish the amount
of assistance, procedure of payment and other conditions.
Article 32. Guarantees of Social Activity (Employment) of
the Disabled Child
1. State and municipal institutions must create the
necessary conditions for education of the disabled child, his
professional preparedness and, in accordance to work
opportunities and also, by taking into account the health,
special needs and talents of such a child.
2. Allowances and privileges established by laws and other
legal acts shall be applied to people, institutions and
organisations, employing a disabled child.
Article 33. Preparation of Teachers, Educators and Social
Workers for Work with Physically or Mentally
Disabled Children
Teachers, educators and social workers shall receive special
training for work with children having physical and mental
disabilities. The Ministry of Education and Science along with
the Ministry of Social Security and Labour, shall be responsible
for special purpose programmes intended for this type of work.
Chapter V
CHILD AND THE SCHOOL
Article 34. General Provisions of Rights of the Child to
Education
1. The child shall have the right to an education, which
would develop his general cultural knowledge, intellect,
abilities, views, moral and social responsibility, and would
create conditions for development of his personality.
2. Every child must be assured the opportunities of learning
to respect his parents, educators, teachers, other people, his
native language, the state language and culture and other
languages and cultures and nature, of preparing for an
independent existence and work and of becoming a useful member of
society.
Article 35. Guarantees of Right of the Child to Education
1. The Constitution of the Republic of Lithuania, the Law on
Education, this Law and other laws and legal acts shall guarantee
the right of the child to an education.
2. The following fundamental guarantees of this right of the
child to an education shall be implemented within the Republic of
Lithuania:
2) taking under advisement the age of the child and his
level of education, the parents or other legal representatives of
the child shall have the right to select an educational
institution, form and methods of learning in accordance with the
child's mental capacity, convictions and talents. The child's
opinion shall also be considered in resolving this question;
3) every child shall have the right to a free education at
state and municipal general education and professional training
schools as well as universities;
4) university education shall be accessible to every child
according to his abilities. Free education shall be guaranteed at
state universities to those children who excel in their studies
and are citizens of the Republic of Lithuania;
5) an orphan and also a child who has been deprived of
parental care (guardianship) or a child who does not have
sufficient material support, studying at an institution, college
or university of general and professional education, shall be
granted additional state and municipal institution support ( free
meals, hostel, special or increased stipends, etc.), established
by laws or other legal acts. Admission privileges into
professional school, college and also university, established by
laws or other legal acts, may be applied for this type of child;
6) parents and other legal representatives of the child must
create conditions enabling the child to acquire the compulsory
education or a possibility of study until the age of 16.
Individuals who shall fail to implement this requirement shall be
held liable according to procedure established by laws.
3. Education and science system of the Republic of Lithuania
shall be regulated by laws.
Article 36. Development of Talent and Abilities of the Child
Every child shall have the right to the support of
educational and other state institutions in unfolding and
developing his talents and abilities. For this purpose the State
and its corresponding institutions shall:
1) create the necessary conditions and grant all children
equal opportunities to unfold and develop their talents;
2) establish personal and increased grants for very gifted
(talented) children and encourage and support them by other
means;
3) encourage international co-operation within this realm.
Article 37. Supervision of Children Who Avoid Compulsory
Education
Educational institutions must inform the children, other
legal representatives of child, institutions of child right
protection and other institutions about children who avoid
compulsory education, and concurrently, must employ measures that
would encourage children to attend school constantly, and reduce
the number of pupils who have dropped out of school.
Article 38. Right to Education of the Child, Whose Freedom
Has Been Deprived or Limited
Conditions must be created for compulsory education of a
child who has been deprived of freedom for a specified length of
time, in instances established by law, as a result of committing
a crime or another violation of law.
Chapter VI
THE CHILD AND LABOUR
Article 39. General Provisions in Child Labour Activity
2. The child shall have the right to work commensurate with
his age, state of health, general education level and
professional expertise. Work shall be chosen freely.
3. Having attained 16 years of age and unwilling or
incapable of continuing the studies, he may work.
4. The Law on Labour Contracts and other laws shall regulate
employment of children under 16, their dismissal from work and
the conditions of their labour.
Article 40. Safety of Children at Work
2. In instances established by laws, working children must
undergo a health examination prior to being employed.
3. Children shall have the right to shortened work time and
longer vacation time than that of adults and other guarantees and
privileges established by laws.
Article 41. Reserving of Work Places for Orphans and Other
Children, Tax Reliefs for Employers
1. Additional employment guarantees, established by laws,
shall be applied to orphans, left without parental care
(guardianship) or to children lacking in vital material support.
2. Privileges shall be applied according to procedure
established by laws, to employees who shall reserve work places
for children listed in part one of this Article and employ them.
Article 42. Protection of the Child from Exploitation at
Work
1. State and municipal institutions prohibit natural and
legal persons from exploitation of, or other discrimination
against a working child. A child may not be entrusted with a job
or occupation, detrimental to health or education or one that
would interfere with his physical, intellectual or moral
maturity.
2. The state shall protect the child from all forms of
exploitation at work through use of social, legal, economic,
medical and upbringing measures.
CHAPTER VII
CHILD AND SOCIAL ENVIRONMENT
Article 43. General Provisions of Child Protection from
Influence of Negative Social Environment
1. State and municipal institutions and other natural and
legal persons must protect the child from negative social
environment influence. Propagation of a healthy lifestyle and law-
based education of children constitute fundamental directions of
state social policy and activity.
2. Administrative or criminal liability shall be applied for
demonstration of physical and mental violence to children and
their inclusion into criminal or other illegal types of activity.
3. Necessary assistance should be rendered to a child victim
of crime, violence or other improper activity, in order that he
may regain his health following the physical or mental trauma he
has experienced and reintegrate into the social environment.
4. Upon becoming aware of a child in need of assistance, a
natural or legal person must report this to the police,
institution for the protection of the rights of the child or
another competent institution.
Article 44. Protection of the Child from Alcoholic Beverages
and Smoking
1. An attitude against smoking and use of alcoholic
beverages should be fostered in children. Children shall not be
allowed to work in jobs linked with production or sales of
tobacco products or alcoholic beverages.
2. Administrative or criminal liability shall be incurred,
as provided by laws, for getting a child intoxicated and
involving him in drinking.
Article 45. Protection of the Child from the Use of
Narcotic, Toxic and Other Strong Substances and
Materials
1. Child must be protected from the use of illegal narcotic,
toxic and other substance and material types, that have a strong
effect on the organism, production of such substances and
materials, their sales or other types of dissemination.
2. Administrative or criminal liability, in accordance with
laws, shall be applied for involving a child in the use of
narcotic, toxic or other substances and materials that have a
strong effect on the organism.
Article 46. The Child and Games, Films and Media
The demonstration, sale, gifts and propagation and rentals
to children of toys, movies, audio and video recordings,
literature, newspapers, magazines and other publications, which
directly promote and propagate war, cruel behaviour, violence,
and pornography, or otherwise harm the spiritual and moral
development of the child, shall be prohibited. Administrative or
criminal liability, established by laws, shall be applied for
these activities.
Article 47. Protection of the Child from Sexual Exploitation
1. Administrative or criminal liability, in accordance with
the laws, shall be applied for encouraging or coercing a child to
take part in sexual activity, using him for prostitution or
involving him in prostitution, using him for pornography, as well
as in production or dissemination of pornographic publications,
or other materials of a pornographic or erotic nature.
2. Children must be taught to avoid sexual coercion and
exploitation.
Chapter VIII
FUNDAMENTAL RIGHTS OF THE CHILD, SPECIFIC CHARACTERISTICS
OF HIS RESPONSIBILITY AND BEHAVIOURAL CONTROL
Article 48. Fundamental Duties of the Child and Development
of His Responsibility
1. A child is a member of society and in availing himself of
his rights he must observe the established norms of behaviour,
the Constitution of the Republic of Lithuania, this Law and other
laws and provisions of legal acts and respect the rights of other
people.
2. The child must:
1) respect his parents, and other family members, care for
them in their old age, instances of illness or other disability
and help his parents and other family members in need of
assistance;
2) respect his educators, other adults and children, not
violate their rights and rightful interests;
3) observe the dictates of adopted norms of behaviour,
within learning and educative institutions, public places, at
work and in everyday surroundings;
3. The child must be brought up to fulfil his obligations
and himself be responsible for his behaviour within the family,
educational and training institutions, public places, at work and
within social environment.
Article 49. Application of Discipline and Compulsory
Education Measures to Child
1. Parents and other legal representatives of the child may
appropriately, according to their judgement, discipline the
child, for avoiding to carry out his duties and for disciplinary
infractions, with the exception of physical and mental torture,
other cruel behaviour and the humiliation of the child's honour
and dignity.
2. Disciplinary and educative enforcement measures:
criticism, reprimand, severe reprimand, appropriate evaluation of
behaviour and other enforcement means, established by laws, may
be applied to a child for violations of internal order
regulations of teaching and educative (care) institutions.
3. For constant and malignant violations of law and order,
and also for perpetration of dangerous (criminal) activity, if
for reasons of his age, state of health or other circumstances,
administrative or criminal liability cannot be applied, the
following compulsory educative enforcement measures
(disciplinary) may be applied:
4. Laws and other legal acts establish the specific types of
measures listed in part three of this Article, the duration and
procedure of application and implementation thereof is
established by laws and other legal acts.
5. To turn the child over to a special educative and
disciplinary institution shall only be possible per
recommendation of institutions which have been authorised by
court.
6. The behavioural, personal hygiene, and cultural
interaction habits of the child should be formed at the special
educative and disciplinary institutions, and conditions should be
afforded for acquisition of compulsory and general secondary
education, professional preparedness for work and life within
society.
Article 50. General Provisions of Legal Liability of the
Child
1. Having committed a violation of the law, the child shall
personally be held liable for his own actions, excepting in
instances, whereby the laws shall establish otherwise.
3. Children over the age of 16 shall be held liable
according to the procedure established by laws, for
administrative violations of law.
4. A child suspected of a criminal law violation, shall be
presumed innocent, until his guilt is established according to
procedure established by law and the coming into effect of the
court sentence.
5. Those children who had attained the age of 16, prior to
perpetration of the crime, shall be held liable in accordance
with criminal laws. In exceptional cases, for crimes provided for
in the Criminal Code, criminal liability may be applied also to
younger children, however not to those below the age of 14.
Article 51. Limitation of Penalties and Types and Sizes of
Sentences Given to Children
2. The size of penalty or sentence given a child must be
smaller than that given to an adult, while in nature (kind), it
should be in keeping with the child's age.
3. Capital punishment or life imprisonment of children shall
be prohibited.
Article 52. Designation of Alternative to Sentencing
Enforcement Measures for the Child Offender
A child who has committed a minor crime, may be relieved by
the court of criminal liability, provided conditions have been
established in the Criminal Code. Such a person is given
mandatory training enforcement measures, designated in the
Criminal Code.
Article 53. Specific Characteristics of Child Process Rights
and Their Guarantees
1. Criminal process cases, wherein a child is the suspected
offender, must be conducted in the presence of a defence
attorney. Parents or other legal representatives of the child, an
educator and a representative of an institution protecting the
rights of the child must also be present, in circumstances
specified by law.
2. A child shall not be subjected to any physical or mental
coercion. A child shall not be forced to testify against himself,
his parents and other family members and to admit his own guilt.
3. In examining cases of violations of rights of the child,
the court must observe all process regulations and specifics
relevant to the child. While setting sentence or penalty for the
child, it is important to take into account his age, personality
characteristics, living and educative conditions and other
circumstances specified by laws.
4. Administrative or other liability established by laws,
shall be applied for publication in the press or other media, of
the person (name, surname) and identifying details of a child
suspected of committing a crime, being tried or sentenced for a
criminal offence.
Article 54. Rights of the Child Whose Liberty has been
Restricted or Deprived and Their Guarantees
1. Arrest or deprivation of liberty of a child in instances
provided by laws shall only be possible per court ( judge)
sentence (ruling, decision, verdict). Arrest, deprivation of
liberty or any other restriction of liberty of a child must be
substantiated, as brief as possible and applied only in
exceptional circumstances.
2. Parents or other legal representatives of the child and
in their absence, the institution for Protection of the Rights of
the Child must be informed at once, about the child's detention,
arrest, another form of restriction or deprivation of liberty.
3. A child who has been detained or arrested shall have the
right to immediate legal or another type of required assistance,
and shall also, have the right to dispute in court, the legality
of restriction or deprivation of his liberty.
4. A child, whose liberty is restricted or deprived, must be
held separately from adults, with the exception of instances that
are cited by laws, whence this shall not be appropriate in
consideration of the child's interests.
5. Upon restriction or deprivation of a child's liberty, his
other rights (right to education, and physical, mental, spiritual
and moral development) that are not directly linked with the
restriction or deprivation of liberty, may not be restricted.
This type of child shall have the right to maintain ties with his
parents (legal representatives), other family members, relatives
and those close to him, through correspondence and encounters
with them, excepting in extraordinary instances cited by law,
when all this may exert a detrimental influence on the child.
6. The Corrective Labour Code and other laws shall establish
the procedure for deprivation of a child of liberty and serving
of the sentence.
Chapter IX
LIABILITY FOR VIOLATIONS OF THE RIGHTS OF THE CHILD
Article 55. General Provisions
Individuals, who have been in violation of the rights of the
child, established in the Constitution of the Republic of
Lithuania, this Law and other laws and legal acts regulating the
protection of the rights of the child, shall be liable according
to the procedure established by laws.
Article 56. Liability of Parents and Other Legal
Representatives of the Child
1. Civil, administrative and criminal liability, established
by laws, shall be applied for parents and other legal
representatives of the child, who shall be in violation of the
child's rights, avoid or fail to fulfil their obligation to
educate, teach, supervise, support the child, subject child to
cruel treatment or otherwise abuse their rights and obligations.
2. In the event a father (mother) or another legal
representative of the child shall be in violation of the rights
of the child, inflict cruel treatment upon him or abuse his own
rights (obligations) in another fashion, the child himself and
other individuals shall have the right to seek assistance from
the institution of child rights protection, law protection or
another institution, which must employ measures provided by law.
Article 57. Liability of Other Natural and Legal Persons
1. Natural and legal persons, who shall unlawfully interfere
with a child availing himself of his rights and freedoms, or who
shall otherwise violate the rights of the child, shall be held
liable according to the procedure established by laws.
2. Authorities of instructional, educative, treatment and
other institutions, educators or individuals equivalent to them,
and the administration of these institutions shall be held
responsible for the education of the children under their
supervision. In the event these persons fail to fulfil their
obligations or fulfil them inadequately and harm their charges
physically or mentally or otherwise violate the rights of the
child, they shall be held liable according to the procedure
established by laws.
3. State and municipality employees, who are responsible for
the education and supervision of the child, must at once inform
competent institutions concerning violations of the rights of the
child, which have come to their attention.
4. State and municipality officers and other employees, who
fulfil the functions of educating children, may be dismissed from
their positions, according to the procedure established by laws,
when their behaviour becomes amoral, even if this occurs outside
work.
Chapter X
SYSTEM OF INSTITUTIONS FOR PROTECTION
OF THE RIGHTS OF THE CHILD
Article 58. Institutions for Protection of the Rights of the
Child and Organisation of Their Activity
1. In the Republic of Lithuania, protection of the rights of
the child is ensured by:
2. The state and municipal institutions shall encourage and
support voluntary activity by public organisations and also by
traditional and state-recognised religious communities, in the
sphere of protection of rights of the child.
3. The state and municipal institutions shall establish and
fund institutions (services) for protection of the rights of the
child, and organise their activity.
Article 59. State Institutions and Protection of the Rights
of the Child
1. The President of the Republic, the Seimas, the
Government, ministries, courts, the Procuracy and other state
institutions shall implement the measures for protection of the
rights of the child and in the realm of their defence, according
to their competence, which shall be established by the
Constitution of the Republic of Lithuania, this Law and other
laws and legal acts.
2. Institutions (services) for protection of the rights of
the child shall be responsible for organisation, supervision and
administration of the laws regulating protection of the rights of
the child and other legal acts.
3. Cases involving violations of the rights of the child,
linked with protection of the rights of the child, their defence
and also cases, involving law violations committed by children,
must be examined as soon as possible. They must be examined by
judges especially designated for that purpose or by specialised
courts, established according to law.
Article 60. Municipal Institutions and Protection of the
Rights of the Child
1. Protection of the rights of the child shall be guaranteed
by the appropriate municipal board, municipal executive
institutions, protection of the rights of the child institutions
(services), police inspectors in charge of minors' (youth)
affairs, and also schools and other institutions, which prepare
and implement measures for protection of the rights of the child,
and prevention of violations of children's rights.
2. Corresponding laws and other legal acts shall establish
the activity and competence of the institutions cited in part one
of this Article.
Article 61. Public Protection of the Rights of the Child
Public protection of the rights of the child shall be
implemented through co-operation of public organisations with
state and municipal institutions while observing provisions of
this Law, as well as of other legal acts, which regulate
protection of the rights of the child.
Chapter XI
FINAL PROVISIONS
Article 62. Coming Into Effect and Implementation of the Law
The Republic of Lithuania Law on the Procedure for
Implementation of Principles of Protection of the Rights of the
Child shall establish the coming into force of paragraph 6 of
Article 4, first part of Article 10, parts four and five of
Article 12, part three of Article 13, part three of Article 21,
Articles 23 and 25, the second part of Article 35, Article 37,
the second part of Article 44, the second part of Article 45,
Articles 46, 47, 49, and 53, and part three of Article 59 and the
procedure for implementation of this Law.
I promulgate this Law passed by the Seimas of the Republic