Children's Rights in Central and Eastern Europe

Inhaltsverzeichnis

1. Frontmatter

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2. Researching Children’s Rights: Focus on Central and Eastern Europe and Spotlighting Lithuania

   • Open Access

   Agnė Limantė, Rūta Vaičiūnienė

   Abstract

   Since the 1990s, Central and Eastern European (CEE) countries have made considerable progress in strengthening the legal and institutional frameworks for children’s rights. The last 30 years brought about fundamental changes, including the adoption of international conventions such as the United Nations Convention on the Rights of the Child and alignment with European Union (EU) standards. Significant reforms have been implemented in areas such as child protection, education, healthcare and juvenile justice. Governments across the region have established independent child rights institutions, improved children’s position in various legal areas, from digital rights to child justice procedures, and worked to eradicate harmful practices such as institutionalised care for children.

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3. Children’s Rights Across Legal Frontiers in Constitutional, Civil, Administrative, and Labour Law

   1. Frontmatter

   2. Constitutional Protection of Children’s Rights in Central and Eastern European States

      • Open Access

      Dovilė Pūraitė-Andrikienė

      Abstract

      The distinction between democratic and authoritarian constitutions can hardly be drawn by referring to anything other than human rights (especially rights of the most vulnerable groups) and their real protection in the state and society. Among these vulnerable groups, children stand out, being unable to select the social and physical environments into which they are born and raised, with their voices and interests frequently overlooked or not accorded the seriousness they deserve. This vulnerability places them at risk of enduring profound injustices due to their dependent status. However, merely including a children’s rights provision in a constitution is not enough; it does not guarantee a means of redress if those rights are not upheld. The most obvious way in which constitutional rights can be enforced is through their protection in constitutional courts.

      Despite the critical importance of safeguarding the rights of this vulnerable group, there is little discussion about the way constitutional courts contributed to the legal situation of children in general and about the enhancement of their protection in Central and Eastern European (CEE) countries in particular. Thus, this chapter aims to shed more light on the constitutional protection of children in these countries. To achieve this, focusing on the CEE region, the following tasks will be addressed: (1) to provide a comparative analysis of the constitutional framework for the protection of children’s rights; (2) to discuss the role of constitutional courts in the protection of human rights; (3) to identify the constitutional justice cases which most contributed to enhancing the protection of children, as well as to distinguish common trends in the constitutional jurisprudence in the area discussed.

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   3. Children in Family Law Cases: Comparative Study of Custody and Contact Arrangements in Slovenia and Lithuania

      • Open Access

      Neža Pogorelčnik Vogrinc, Agnė Limantė

      Abstract

      Focusing on child custody and contact arrangements, this chapter explores the legal aspects related to children in family law cases in Slovenia and Lithuania. It compares the approaches of the two countries, which, on the one hand, are similar in a number of factors (e.g. population size, time of independence), but on the other hand are located in different parts of Europe, which brings with it different history, culture, traditions, as well as (family) legal rules. The chapter examines the national legislation of the countries concerned and the case law of their courts. The authors claim that physical custody, which determines the child’s primary residence, and contact arrangements, which regulate the interaction between the child and the non-resident parent, are intricately connected as they jointly shape the child’s experience of parental care after separation. Moreover, child contact arrangements can be structured to closely resemble shared physical custody in countries where this possibility is not foreseen in law.

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   4. Hearing of the Child in International Child Abduction Cases: A Comparative Analysis of Practices in Poland and Lithuania

      • Open Access

      Agnė Limantė, Anna Wysocka-Bar

      Abstract

      Parental child abductions, where a parent unlawfully takes or retains a child in another country, are a global negative phenomenon. It is also common in Europe and is highly relevant to CEE countries. In Europe, the legal framework for such type of cases is provided by the Brussels IIb Regulation and the 1980 Hague Child Abduction Convention. This chapter discusses cross-border child abductions from a child rights perspective. In particular, it sketches the overall situation of international parental child abduction cases in Poland and Lithuania, and focuses on the duty of hearing the child, in this way exploring the evolving role of the child’s perspective in judicial considerations.

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   5. The Procedural Capacity of a Child in an Administrative Procedure: The Case of Slovenia and Croatia

      • Open Access

      Bruna Žuber, Dario Đerđa

      Abstract

      This chapter discusses the procedural capacity of a child in administrative procedures in Slovenia and Croatia. Both countries were formerly part of a Yugoslav state and have a common tradition of administrative procedure. Since independence, each country has addressed the challenges of administrative procedure in its own way. The chapter begins by examining international legal instruments that ensure children’s active participation in an administrative procedure through the right to be heard and to express their opinions. It then presents the regulation of the procedural capacity of a child and the child’s legal representation in an administrative procedure in Slovenia and Croatia. The possibility of consulting and expressing the child’s views in administrative procedures in Slovenia and Croatia is also analysed.

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   6. Employment of Adolescents and Children: Minimum Working Age in Lithuanian and Polish Law

      • Open Access

      Ingrida Mačernytė Panomariovienė, Tatiana Wrocławska

      Abstract

      This chapter examines the employment of individuals under the age of 18 within the framework of Lithuanian and Polish labour laws, highlighting the requirements set by ILO Convention No 138 to establish and progressively raise the minimum age for work or employment. This approach aims to ensure alignment with the fullest physical and mental development of young individuals. The analysis is grounded in international standards that define age limits and provide guidelines for acceptable working conditions for young workers. Given the regulatory flexibility permitted by these standards, national statutory regulations display notable variations, particularly in terms of minimum age requirements and permissible employment based on psychophysical characteristics and contractual frameworks. The chapter offers a comparative analysis by identifying the differences in labour regulations between the examined countries, with a particular focus on the extent of prohibitions on work and employment. Additionally, it addresses two critical challenges in contemporary labour policies: on the one hand, the effective abolition of child labour, and on the other, ensuring the safety and proper development of working children.

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   7. Child Work in the Digital Twenty-First Century: The Experience of the Baltic States

      • Open Access

      Kristina Ambrazevičiūtė, Kristine Dupate, Merle Erikson

      Abstract

      Traditionally, children are considered to be a particularly protected group in the labour market, necessitating special protection due to their physical and mental immaturity, as well as their mandatory education. As a result, numerous restrictions have been imposed on their employment. However, labour laws designed for the industrial era may no longer fully address the realities of the twenty-first century. Beyond conventional roles like sales assistants, waitstaff, and leaflet distributors, children are increasingly working in digital environments. This evolving landscape demands a reassessment of existing legal frameworks to ensure adequate protection for young workers. This chapter examines whether the current legal regulations in Estonia, Latvia, and Lithuania sufficiently safeguard children engaged in employment in light of today’s conditions.

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4. Exploring Children’s Rights in the Realm of Criminal Law and Criminal Procedure

   1. Frontmatter

   2. Vulnerability of Child Victims in Criminal Procedure in EU: Cases of Lithuania and Croatia

      • Open Access

      Eglė Kavoliūnaitė-Ragauskienė

      Abstract

      Historically, children as victims in criminal procedure had a specific status in European countries. Several Council of Europe and European Union documents invite countries to grant particular rights to children in criminal procedure. The current main document the countries need to adhere to is Directive 2012/29/EU, establishing minimum standards on the rights, support, and protection of victims of crime. Although the European countries follow the same direction, the development, rationale, and steps taken in the Member States differ due to various factors. For example, in Lithuanian criminal procedure, there is no separate notion of “vulnerable persons”. However, children have always received a higher standard of protection, which at some point is different from the current European standards, to which the country is gradually striving to comply. A similar normative approach can be found in Croatian criminal procedure, which grants children special protection without specifying their vulnerability. However, Art. 43a Para 2 of the Code of Criminal Procedure obliges the criminal prosecution authorities to pay special attention, inter alia, to victims who are particularly vulnerable due to their relationship with the perpetrator. While the concept of vulnerability is subtly revealed in the most important procedural normative act, the special vulnerability of children due to their age is explicitly acknowledged in the Criminal Code.

      The chapter describes the concept of vulnerability and vulnerability of children, assesses the criteria to define the vulnerability of children in EU laws governing criminal procedure, as well as provides a case analysis of the national legal systems of Croatia and Lithuanian with an aim to understand the context which explains national peculiarities and the particular provisions governing the establishment and assessment of child victims’ vulnerability.

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   3. Children’s Victimisation in Lithuania: Context, Forms and Prevalence

      • Open Access

      Aušra Pocienė, Vaidas Kalpokas, Jolanta Aleknevičienė

      Abstract

      Children’s victimisation is one of the indicators of the child’s rights situation in a country. This chapter focuses on recorded children’s criminal victimisation and their latent victimisation in Lithuania. The authors first briefly look at the changing social context since the 1990s. On the one hand, growing economic welfare and decreasing overall crime rates seem to be laying the foundations for a safer and better life for all residents and children, too. On the other hand, an ageing society, growing divorce rates, and accelerating adolescents’ involvement in cyberspace open new potential sources of insecurity. Secondly, the chapter focuses on registered criminal victimisation of Lithuanian children, noting that though general registered numbers of victimised children are decreasing, the forms of crime children are exposed to are of a dangerous nature. Most children experience physical or sexual violence, and adults from their close environment are the perpetrators in the majority of cases. Thirdly, the authors present the quantitative data from youth delinquency and victimisation surveys that revealed the high latency of children’s victimisation. Victimisation survey data showed that cyberbullying, theft, and parental violence are those infringements that most commonly affect children and are often underreported or unreported.

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   4. Understanding Juvenile Delinquency in Lithuania: From Misconceptions to Negative Attitudes

      • Open Access

      Gintautas Sakalauskas, Vaidas Kalpokas, Jolita Buzaitytė-Kašalynienė, Birutė Švedaitė-Sakalauskė

      Abstract

      Criminological research indicates that the majority of individuals engage in illicit activities on an episodic or regular basis, at a young age. The majority of these individuals are not subject to formal control mechanisms, and this behaviour typically ceases upon reaching adulthood. The majority of these offences are minor in nature. It is almost universally the case that young people with a history of serious criminal behaviour have experienced multiple violations of their rights during infancy and early childhood, which have had a deleterious impact on their biological and social development. While there is a general consensus that minor delinquency is a pervasive phenomenon and that the social and psychological factors contributing to more serious forms of criminal behaviour are complex, there is nevertheless a tendency to condemn, intimidate and impose harsh penalties on those who engage in such behaviour. The media plays a significant role in shaping these attitudes, with public opinion often influenced by emotional responses. Furthermore, a segment of the public that is less aware of the context of young people’s lives and the factors that contribute to delinquency also has a more negative view of the importance of protecting the rights of the child in all circumstances.

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   5. Peculiarities of Criminal Liability of Children in Lithuania

      • Open Access

      Mindaugas Girdauskas, Darius Pranka

      Abstract

      This chapter provides an analysis of certain peculiarities in the regulation and application of criminal liability for children in Lithuania, examined within the context of international child rights protection standards. It briefly reviews the evolution of national regulation and highlights recent trends. A concise overview of juvenile delinquency statistics and tendencies is provided. The analysis includes court decisions addressing issues related to the suspension of the execution of custodial sentences imposed on minors. Specific features of the release of children from criminal liability and trends in judicial practice are also discussed. Additionally, the regulation and application of diversion concerning children are examined. The conclusions suggest that children’s criminal justice could be further improved by expanding the use of these measures, clearly delineating provisions that establish the peculiarities of criminal liability of minors in legislation, elaborating on diversion procedures, and ensuring the protection of child rights.

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   6. Ensuring and Implementing Individual Assessments of Adolescents in Criminal Proceedings in Lithuania and Croatia

      • Open Access

      Rūta Vaičiūnienė, Anja Mirosavljević

      Abstract

      Developing a criminal justice model that includes a comprehensive assessment of juveniles in conflict with the law is crucial to making appropriate, swift and efficient decisions at the different levels of the criminal proceedings. Several legal instruments have focused on ensuring rights in juvenile criminal proceedings, but Directive 2016/800 is the most recent and important document at the European level. The Directive is an unprecedented, legally binding instrument focusing exclusively on suspected and accused minors. It addresses various legal issues and objectives related to the specific needs of minors by providing for an individualised assessment. On the one hand, an individual assessment can be considered a prerequisite for evidence-based decision-making. On the other hand, it provides an opportunity to listen to, advocate for and engage with the young person, take into account their particular circumstances and create a favourable environment for subsequent behavioural improvement. By setting out general principles, Directive 2016/800 gives Member States considerable flexibility in the implementation and application of individual assessment of children within their respective national systems. The aim of this chapter is to analyse the challenges and current practices of individual assessment in two EU Member States, Croatia and Lithuania. Best practices from these two countries are presented in this chapter to illustrate the need for a child-first, multidimensional, interdisciplinary and multi-professional approach in the investigation of children in conflict with the law.

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   7. Drug Offences Committed by Minors in Lithuania and Poland: Penal Responses and the Rights of Underaged Offenders

      • Open Access

      Mindaugas Lankauskas, Justyna Omeljaniuk

      Abstract

      Adolescent drug use is a significant concern in contemporary societies. In Central and Eastern Europe, this issue may not be as prominent as in Western Europe, but it is steadily increasing. Central and Eastern European countries often adopt stricter penal measures in addressing this social problem than their Western counterparts. This approach raises concerns about potential penal overreaction towards young offenders, risking labelling them as criminals at a very young age.

      This chapter offers a comparative legal analysis of adolescent drug offences in Lithuania and Poland. The authors examine the legal provisions and relevant case law to discover the similarities, differences, and possible societal factors influencing penal responses. By methodically examining each country’s legal frameworks and drug crime statistics, the authors highlight both divergences and convergences in legal responses. This analysis provides insights into how drug offences by adolescents are approached in these jurisdictions. The chapter discusses how the legal frameworks and the case law differ in addressing drug offences committed by minors in Lithuania and Poland and what repercussions these differences bring for adolescent drug offenders and their rights in both countries.

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   8. Community Sanctions for Children in Lithuania and Romania: Diverging Paths of Juvenile Justice

      • Open Access

      Simonas Nikartas, Ioan Durnescu

      Abstract

      This chapter examines and compares the juvenile justice systems in Lithuania and Romania, focusing on community sanctions and measures for children. The authors review the juvenile justice systems of both countries, the types of community sanctions, the institutional structures, and practical challenges, emphasising compliance with international standards for the protection of children’s rights in criminal justice. Although both countries share similar political experiences shaped by communist regimes, they have chosen different paths in reforming their juvenile justice systems. The authors conclude that Lithuania follows a neo-correctional approach, characterised by control-oriented sanctions, limited diversion mechanisms, and the formal involvement of children in criminal cases. Romania chose a different path—a welfare model that emphasises education, rehabilitation, and social integration, along with minimal intervention supported by diversion programmes. The chapter concludes with policy recommendations encouraging policymakers to strengthen rehabilitation measures, promote greater institutional specialisation, improve the training of specialists working with children, and reduce regional disparities in access to juvenile justice services.

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   9. Criminological Analysis of Juvenile Resocialisation Measures in the Lithuanian Probation Service

      • Open Access

      Rokas Uscila, Renata Mienkowska Norkienė

      Abstract

      This chapter explores the current situation of juvenile offenders within the Lithuanian Probation Service. The study seeks to evaluate the existing resocialisation measures applied by the Service, focusing on their types, diversity, and the perceptions of probation officers regarding their effectiveness. Furthermore, it assesses programmes aimed at correcting adolescents’ behaviour from the viewpoint of probation practitioners and identifies the limitations associated with the use of electronic monitoring for minors. The chapter employs both quantitative and qualitative research methods, presenting empirical findings alongside statistical data analysis.

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5. Emerging and Cross-Cutting Issues

   1. Frontmatter

   2. Advancing Children’s Privacy and Data Protection Rights: Emerging Data Protection Trends and Challenges in Selected CEE Countries

      • Open Access

      Ingrida Milkaitė, Milda Mačėnaitė

      Abstract

      The digital environment has made the processing of childrens personal data a critical issue, particularly in settings where children spend substantial amounts of time, such as schools, homes, and leisure facilities. This chapter examines the implementation and enforcement of the European Union’s General Data Protection Regulation (GDPR) in relation to childrens privacy and data protection rights, with a specific focus on Central and Eastern European (CEE) countries. Drawing on responses from national Data Protection Authorities (DPA) in six CEE countries, as well as recent enforcement actions, this analysis identifies trends, challenges, and potential gaps in current practices. The findings suggest that, while the GDPR provides a robust framework for the protection of children’s personal data, notable disparities in enforcement and prioritisation remain across the region. Building upon the pioneering efforts of certain European countries to enhance childrens privacy and data protection rights, this chapter offers practical recommendations to improve enforcement, strengthen safeguards, and promote accountability among data controllers within the CEE region. It highlights the need for a more balanced approach combining education and awareness raising with effective regulatory oversight to ensure that childrens best interests remain at the centre of data protection efforts in an increasingly digitalised world.

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   3. Parenting in the Digital Age: Addressing the Sharenting Phenomenon in Central and Eastern Europe

      • Open Access

      Gergely Ferenc Lendvai, Kristina Ambrazevičiūtė

      Abstract

      Sharenting, though widely practiced, is both commonplace and deeply controversial due to its potential for harm in the online landscape. This paper explores the concept of sharenting and its diverse international trends, with a particular focus on the Central and Eastern European (CEE) region, including the Visegrad 4 and Baltic States. First, by synthesising over thirty academic definitions, the paper aims to offer a conceptual foundation for understanding sharenting, enabling a clearer interpretation of legislative and regulatory trends. Second, with a special emphasis on the CEE region, this chapter delves into regulatory philosophies, legislative frameworks, and platform-based self-regulation initiatives. It is to be noted that except for France, European countries have not developed any sharenting-related legislation. This results in jurisdictional conflicts, enforcement hurdles, and potential legal loopholes exploited by parents seeking less restrictive regulatory environments. The third section of the paper provides a comparative examination of current policies, proposals, and challenges specific to the Visegrad 4 and Baltic regions, identifying potential pathways for more cohesive frameworks. Our findings underline the need for nuanced, adaptable regulatory approaches that account for cultural, legal, and ethical variations, particularly within the cross-border digital context. Ultimately, this paper advocates for collaborative efforts to establish unified frameworks, fostering legal coherence across the region.

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   4. Towards Inclusive Education for Children with Disabilities: Developments and Challenges in Lithuania and Poland

      • Open Access

      Lina Beliūnienė, Katarzyna Roszewska

      Abstract

      Lithuania and Poland have embraced the principles of inclusive education as outlined in the UN Convention on the Rights of Persons with Disabilities, implementing legislative amendments and policy reforms to enhance educational access for children with disabilities. Both countries have also made progress in fostering inclusion within mainstream schools. However, significant barriers persist and current situation still requires futher reconsideration and improvement. First and foremost, in practice, discrimination based on disabilities remains a concern, with dozens children excluded from primary and secondary education or placed in segregated settings, particularly those with severe disabilities. Secondly, reasonable accommodation tailored to individual needs is often unavailable. Thirdly, students with disabilities frequently lack the necessary individualised support within general education frameworks.

      This chapter critically examines the primary and secondary education systems in Lithuania and Poland, identifying key regulatory and systemic challenges to the implementation of inclusive education.The findings underscore the need for more robust mechanisms to ensure equitable access to education and compliance with international standards as it is ensured by the UN Convention. The chapter draws on comparative analysis of legal frameworks, national and international reports, non-governmental organisation findings, and academic literature to assess both achievements and gaps.

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   5. Education Rights of Children Belonging to National Minorities in the Baltic States

      • Open Access

      Jolanta Apolewicz, Elżbieta Kuzborska-Pacha

      Abstract

      This chapter provides an analysis of the education rights of children belonging to national minorities in the Baltic States, exploring the historical context, current policies, and future challenges in this area. It explores the legislative frameworks and institutional practices that govern minority education rights, highlighting the existing international norms and judicial practice (especially under the Council of Europe, OSCE frameworks and recent ECHR judgments).

      By examining case studies from Lithuania, Latvia and Estonia, the chapter analyses how national legislative changes reflect a broader trend in the Baltic States towards strengthening education in state language while balancing the cultural and linguistic rights of minorities. It also critically evaluates the effectiveness of existing educational programs, integration strategies and identifies common challenges such as lack of consultative mechanism with minority communities while reforming educational systems, inadequate funding, limited access to quality education, and the prevalence of socio-economic disparities. In the end, recommendations for policy reforms to enhance the educational rights and outcomes of national minorities in the region are suggested.

      Through its comprehensive approach, this chapter contributes to the broader discourse on minority rights, emphasising the importance of context-specific strategies and international collaboration to ensure the fulfilment of education rights for all.

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   6. Challenges to the Protection of the Child’s Right to Health

      • Open Access

      Edita Žiobienė

      Abstract

      This chapter examines the challenges involved in realising the child’s right to health, with a particular focus on Central and Eastern European (CEE) countries, and Lithuania. The realisation of the right to health entails not only effective access to high-quality health services guaranteed by law, but also the assurance that the child receives healthcare that is in his or her best interests. According to national constitutions and the United Nations Convention on the Rights of the Child, parents bear the primary responsibility for the upbringing of their child and are expected to fulfil this responsibility in good faith. This chapter explores the limits of parental rights, the tensions, and the necessity of striking a fair balance between the interests of parents and children, as well as the balance between the right to privacy, autonomy and the right to information, through an analysis of academic commentary and the jurisprudence of the European Court of Human Rights. It also examines the legal requirements for informed consent in relation to medical examination, treatment, vaccination, and biomedical research, with particular emphasis on the importance of involving the child in the decision-making process, thereby enhancing the child’s competencies and medical literacy.

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