Article 9

Part 1

165. Article 3 of the Law of the Republic of Lithuania on Citizenship passed by the Seimas of the Republic of Lithuania on 17 September 2002 establishing the legal status of citizens of the Republic of Lithuania stipulates that citizens of the Republic of Lithuania have all social and economic, political and economic tights and freedoms that are enshrined and guaranteed by the Constitution and laws of the Republic of Lithuania, and international treaties to which the Republic of Lithuania is a party. Both in the above-mentioned and other Articles of the Law legal status of women and men – citizens of the Republic of Lithuania – is treated equally.

166. Article 7 of the Law of the Republic of Lithuania on Citizenship specifies the ways of Acquiring Citizenship of the Republic of Lithuania. Citizenship of the Republic of Lithuania is acquired by birth, by exercising the right to citizenship of the Republic of Lithuania, by being granted citizenship of the Republic of Lithuania (naturalisation), by voicing one's option or on other grounds, as provided for by international treaties of the Republic of Lithuania or on other grounds provided for by this Law (e.g. citizenship may be granted by way of exception by the President’s decree).

167. Neither Article 12 of the Law of the Republic of Lithuania on Citizenship, which specifies the conditions for granting, nor Article 13 which lists the reasons for refusing to grant citizenship of the Republic of Lithuania provide for any criteria of discrimination on the grounds of sex which would allow to accord women and men different treatment in granting or refusing them citizenship of the Republic of Lithuania. As set forth in paragraph 3 of Article 12 of the Law on citizenship, a person who meets the conditions for being granted citizenship set in this Article (has passed the examination in the Lithuanian language, for the last ten years has been permanently residing in the territory of the Republic of Lithuania, has a legal source of support in the territory of the Republic of Lithuania, has passed the examination in the basic provisions of the Constitution of the Republic of Lithuania, is a stateless person or a citizen of a state under the laws of which he loses citizenship of the said state upon acquiring citizenship of the Republic of Lithuania and notifies in writing of his decision to renounce citizenship of another state held by him after he is granted citizenship of the Republic of Lithuania, is granted citizenship of the Republic of Lithuania taking into account the interests of the Republic of Lithuania.

168. It should be noted that Articles 17 and 18 of the Law of the Republic of Lithuania on Citizenship, which provide for, accordingly, retention of the right to citizenship of the Republic of Lithuania and grounds for the loss of the citizenship, provide equal grounds for the retention and loss of citizenship both for women and men. Article 19 grants a person of any sex – a citizen of the Republic of Lithuania the right to renounce the citizenship of the Republic of Lithuania.

169. Article 4 of the Law of the Republic of Lithuania on Citizenship lays down the principle of retention of citizenship of the Republic of Lithuania in case of marriage and divorce. Contraction of a marriage by a citizen of the Republic of Lithuania with a foreign national or with a stateless person, also dissolution of such marriage does not by itself change the citizenship of either spouse. This means that marriage with a foreign national does not automatically make a woman who is a citizen of the Republic of Lithuania a citizen of the county of spouse’s nationality or a stateless person.

Part 2

170. The Law on Citizenship of the Republic of Lithuania also regulates the issues of citizenship of children. The principle of ius sanguinis is enshrined in Article 8, i.e. it is provided that a child, both of whose parents at the moment of his birth were citizens of the Republic of Lithuania, is a citizen of the Republic of Lithuania regardless of whether he was born in the territory of the Republic of Lithuania or beyond its borders.

171. The issue of citizenship of children one of whose parents is a citizen of the Republic of Lithuania is resolved in the following manner: if the parents of the child hold citizenship of different states and at the moment of the child’s birth one of the parents was a citizen of the Republic of Lithuania, the child will be a citizen of the Republic of Lithuania if it was born in the territory of the Republic of Lithuania. If the parents of a child hold citizenship of different states and at the moments of the child's birth one of them was a citizen of the Republic of Lithuania, the citizenship of the child born beyond the boundaries of the Republic of Lithuania, until the child is 18 years of age, may be determined by agreement between the parents. A child, one of whose parents at the moment of its birth was a citizen of the Republic of Lithuania and the other parent was either a stateless person or unknown, shall be a citizen of the Republic of Lithuania regardless of the place of the child's birth. A child born in the territory of the Republic of Lithuania whose parents are stateless persons permanently residing in Lithuania shall acquire citizenship of the Republic of Lithuania. A child found in the territory of the Republic of Lithuania, both of whose parents are unknown, shall be considered born in the territory of the Republic of Lithuania and shall be a citizen of the Republic of Lithuania, unless circumstances are disclosed whereunder the child would acquire a different status.

Article 10

172. The principle of equal opportunities is enshrined in the Law of the Republic of Lithuania on Education. The Law of the Republic of Lithuania on Education guarantees accessibility of education to each individual, opportunity for attainment of a general education level and a primary qualification and creates conditions for in-service education or gaining a new qualification. Article 4 of the Law of the Republic of Lithuania on Equal Opportunities of Women and Men also establishes the duty of institutions of education and science to ensure equal conditions for women and men regarding admission of women and men to all institutions of education and science; awarding of grants and providing loans to students; selection of curricula; assessment of their knowledge. The system of education is open to the residents of Lithuania and is intended to meet the needs of different age groups and genders.

173. Women in Lithuania are better educated than men. Schools of general education have an equal percentage of male and female students, however girls are more inclined to seek college and university education (girls account for 60% of students at all levels of education). Thus, boys as a rule study at schools of general education and vocational schools, while girls attend higher educational establishments (over 63%). In the majority of states men form the majority of students at higher educational establishments, starting from the lowest level. In Lithuania the percentage of women at educational establishments of all levels (at the present time this includes even doctoral studies) exceeds that of men.

174. The principle of equal opportunities established in the Law of the Republic of Lithuania on Education guarantees the implementation of equal rights of women and men in the system of education. Lithuania’ system of education is socially just, it ensures equality for individuals irrespective of gender, race, ethnicity, language, social position, religion, beliefs or convictions. It assures each individual access to education, opportunity for attainment of a general education level and a primary qualification and creates conditions for in-service education or gaining a new qualification. Among the principal goals of the provisions of the National Education Strategy (2003-2012) were endorsed by Resolution No IX-1700 of the Seimas of the Republic of Lithuania of 4 July 2003 is expanding the accessibility of education, creating conditions for continuous, life-long learning.

175. One system of admission to educational institutions is operating in Lithuania. The system ensures women and men equal conditions of admission. Taking into account maternity status and social position women are provided possibilities to continue studies, upgrade qualification. In the 2003-2004 academic year girls accounted for 51.2% of students at all educational establishments. In 2003, 83.5% of girls and 79.9% of boys were studying. The percentage of studying girls and boys is almost equal at pre-school, primary and basic school levels. At the secondary school and higher educational establishment level the percentage of student girls is higher than that of student boys. This shows that in future women’s average level of education will still be higher than that of men. The comparison of the ratio of women and men at educational establishment of different types reveals that 11-12 forms which used to be almost exclusively female are now being slowly filled up with male students (the ratio of girls fell down form 67% in the 1990-1991 school year to 53% in the 2003-2004 school year). The ratio of girls and boys at vocational schools has remained almost unchanged in the last five years (girls account for 40% of vocational school students). Comparing the levels of education, it is evident that girls are less inclined to study at lower levels of vocational schools, however their number goes up at the fourth level – where girls, who have acquired secondary education, account for almost 58% of students, moreover, the number of girls is continuously falling at the II, III and IV levels. The only exception is vocational schools of I level where the number of women students is growing. There is an insignificant but steady increase of girl students at universities (close to 59% in the 2003-2004 academic year). In professional training boys prefer worker’s professions whereas the preference of girls as a rule show preference for public service. Although the number of girls college and university graduates exceed that of boys, more often than not boys acquire better-paid skills. This conditions the future difference in income, as the sectors of economic activities in which the majority of work force are men offer better wages.

176. Currently in Lithuania the majority of students at all study levels (including doctoral studies) are women, however women encounter difficulties seeking academic career. Women professors constitute a mere 9.5%. However, achieving the title of academician proves next to impossible: out of the total of 163 academicians there are only 10 women corresponding members and expert members and only one full member - academician.

177. The profession of the pedagogue is most feminine. Women constitute 86% of teachers at schools of general education, over 67% of teachers at vocational schools. Women account for over 80.1% of teachers in the system of education in Lithuania (both state and non-state establishments).

a)

178. Equal pre-school education opportunities are ensured both to pre-school children attending educational institutions following the Recommendations to municipalities concerning centralised admission of children to pre-school and pre-primary teaching groups, approved by Order No ISAK-918 of the Minister of Education and Science of 25 June 2003, and those who do not attend such groups pursuant to the Procedure of Provision of Educational Assistance to Families Bringing up Children of Pre-school Age at Home, approved by Order No ISAK-842 of 4 June 2004. It is recommended to form at educational institutions groups for pre-school education before the beginning of the school year. Should there be any vacancies, groups may be formed throughout the whole year. The parents are free to choose the educational institution, group, time of admission into the group, other services. Families, bringing up a pre-school child at home are provided services of institutional pre-school education by schools implementing pre-school education programmes. The above services are intended for educating children of 1 to 5 years or 6 years following the pre-school education programme. The services also include pedagogical, special pedagogical, social pedagogical and psychological assistance.

179. Equal conditions for acquiring education have been ensured at schools of general education. Pre-school, pre-primary, basic and secondary education is considered as one of the principal priorities of the education system, basis for the life-long learning. The documents of basic and secondary education (the 2003-2005 General Plans of Education for Schools of General Education, approved by Order No 408 of the Minister of Education and Science of 31 March 2003, Standards of Pre-school Education and General Curricula and Educational Standards for I-X Forms of Lithuania’s Schools of General Education, approved by Order No ISAK-1015 of the Minister of Education and Science of 9 July 2003) guarantee equal opportunities for all students to choose elective subjects, subject modules, engage in afterschool activities, stand for election to school self-government bodies.

180. A revised version of the Law of the Republic of Lithuania on Education is presented in the Law on the Amendment of the Law on Education (17 June 2003 No IX-1630). The principle of equal opportunities applied in the education system is set forth in the revised version of the Law, Article 5(1): the educational system is fair, it ensures equality for individuals irrespective of gender, race, nationality, language, origin, social position, religion, beliefs or convictions; it assures each individual access to education, opportunity for attainment of a general education level and a primary qualification and creates conditions for in-service education or gaining a new qualification.

181. The Law of the Republic of Lithuania on Higher Education (21 March 2000 No VIII-1586), came into force as of 1 September 2000, General Regulations of the Post-secondary School approved by Order No 5 of the Minister of Education and Science of 5 January 2000 establish equal conditions for both men and women to choose a profession and specialisation, to acquire a post-secondary education diploma at all state and non-state post-secondary schools as well as conservatories and a non-university school of higher education diploma- at all state and non-state colleges. Women who wish to acquire a professional qualification are not subject to any requirements or restrictions. They have a right to choose according to their capacities and inclinations a vocational training programme or to upgrade their qualification. The procedure of professional examination of vocational training approved by Order No ISAK-1743 of the Minister of education and Science of 5 December 2003 regulates the acquisition of qualification by students, registration of education results, issue of the diploma and qualification documents irrespective of the student’s gender. The Law of the Republic of Lithuania on Higher Education also guarantees equal conditions for women to be admitted to higher educational establishments, to choose the desired study direction and in this way acquire the desired qualification degree and/or professional qualification.

b)

182. The examinations held by Lithuania’s higher educational establishments, the lecture halls, study programmes, other educational activities are devoid of any specification of human gender with an intention to discriminate.

183. At schools of general education students are provided with equal opportunities to use of the same study curricula, teaching methods, teaching aids as prescribed by the Standards of General Curricula and Education Levels. Both girls and boys use school premises and facilities of identical quality.

184. The same pre-school and pre-primary educational curricula are used for boys and girls. The process of education goes on in mixed groups of boys and girls in the same premises and using the same facilities.

185. Vocational education and training programmes are compiled in accordance with the general requirements of acquisition of relevant vocational skills and general capacities irrespective of whether the programme is implemented at a village or city vocational school as established in the General Requirements of Basic Vocational Training Programmes approved by Order No 1167 of the Minister of Education and Science. All vocational training programmes included in the State Register of Studies and Training Programmes are intended for the representatives of both genders without any restrictions or exceptions. Teaching methods are applied according to the abilities of students, specific character of the programme, teaching basis, however, nothing in the above-said differentiates according to gender. Evaluation and legitimating of the learning achievements is not conditional on the gender.

186. Within the limits of their competence the establishments of education and science must ensure that curricula and text books do not propagate discrimination of women and men. One of the objectives of the National Programme for Equal Opportunities for Women and Men for 2003-2004 is to set forth the provisions of non-discrimination in textbooks, to provide legal conditions for checking whether or not the teaching curricula and textbooks aim at reinforcing gender bias. The Requirements for School of General Education Textbooks were approved by Order No 452 the Minister of Education and Science of 9 April 2003. The Requirements prescribe that tolerant gender policy constitutes one of the basic criteria for textbook (textbook manual) evaluation.

187. Seminars, qualification upgrading courses on gender equality issues for educational establishment employees have been organised in the framework of the National Programme for Equal Opportunities for Women and Men for 2003-2004. A cycle of seminars “Gender Tolerance in Education” was held for school principals, social pedagogues, form masters, psychologists, moral education specialists at the Pedagogues Professional Development Centre. A cycle of seminars “”Life Skills” analysing gender equality issues was organised for pedagogues in a year’s time.

188. Seeking to deal with the gender knowledge divide and encourage women to acquire better-paid professions, introduction of Standards for General Curriculum and Education Levels regulating the upgraded technological education content to meet the needs the changed society was started from the beginning of the 2003-2004 school year in schools of general education working on the basis of the basic education curriculum. Technological education programmes are being prepared for replacing former classes in handicraft. Another novelty is the inclusion of enterprise and consumer development classes in the general technologies curricula. What is more, all technological programmes are prepared to suit both genders, therefore girls ad boys are thought in joint groups.

189. Seeking to instil mutual gender respect, promulgate the ideas of education, career, vocational upgrading, the Office of the Equal Opportunities Ombudsman issued a leaflet “Equal Opportunities for Girls and Boys”. The leaflets are distributed among the secondary school teachers, their intention is to make teachers think whether they devote boys and girls equal time during a lesson, whether they present the material observing the gender equality principle, whether they evaluate the students’ knowledge according to this principle.

d)

190. Lithuania’s educational system provides equal opportunities for women and men to receive in the prescribed manner grants, allowances and other aid while studying. Student grants are divided into two categories: those paid based on the study results and social grants. Students are also provided a possibility to receive state loans for studies, living expenses and studies abroad.

191. Women students raising young children are provided additional social guarantees, additional support. Full-time higher educational establishment women students raising young children may receive social grants, whereas women students raising young children who have taken a state loan for studies have the repayment of the loan postponed until the child reaches the age of three.

192. The main forms of sequential studies established in the Law of the Republic of Lithuania on Higher Education are as follows: full-time, part-time and correspondence studies. This provides women a possibility to choose the form of studies that is most acceptable to them having regard to their family status and employment.

e)

193. Equal opportunities are provided for formalising the informally acquired knowledge and acquiring professional qualification. The Regulations for Informal Adult Education and its Legitimation were endorsed by Order No 1353 of the Minister of Education and Science of the Republic of Lithuania of 1 October January 2001 and Order No ISAK-27 of 13 January 2004 and Order No 258 of 25 February 2003 formalised the possibility of independent study.

194. An action plan for encouraging women to seek a scientist’s career and for reducing the gender gap has been worked out on the basis of the National Programme for Equal Opportunities for Women and Men for 2003-2004. Implementing the plan, representatives of the Ministry of Education and Science were appointed to the EU Committee “Science and Society” by Order ISAK–179 of the Minister of Education and Science “On the Appointment of Lithuania’s Representatives and Experts to Special Programmes Committees of the EU 6th Framework Programme” of 9 February 2004. One of the main objectives of the committee is to guarantee equal opportunities of women and men in research activities. The concept of the Baltic states network “Women in Science and High Technology” has been worked out with the participation of the Ministry of Education and Science (with the ministries of education of the Baltic states acting as partners.)

f)

195. In order to reduce the number of girls and women who are school drop-outs or who fail to acquire professional qualification, students who are pregnant or raising children are provided conditions to take academic leave.

g)

196. The Regulations of Lithuania’s education and science institutions guarantee all students, regardless of gender, equal opportunities to use school library, sports hall, textbooks, equal quality teaching aids and premises, be provided with accommodation at the school hostel, take part in school self-governance, sports events or choose other means of self-expression.

197. In Lithuania students of both genders are provided conditions to make use of general physical culture programmes and educational standards. According to the set requirements schools of general education of all levels prepare physical culture programmes and physical preparedness norms. The content of formal and supplementary education is differentiated with regard to the students’ age and gender. Thus justified regard is had (without discrimination) to anatomical, physiological and psychological and social peculiarities of education of representatives of different genders. Physical education at schools of general education is one of the three subjects most favourite with boys and girls. Girls and boys are given classes on physical education by physical culture teachers.

198. In Lithuania girls are provided equal opportunities to actively participate in sports and physical education classes, however, these are attended by a greater number of boys. A survey carried out in 2003 revealed that sports groups are more often chosen by boys, while girls prefer art groups. Lack of financing, poor facilities, overcrowded sports halls are also to blame for that. Not all schools offer facilities to take a shower after physical training classes.

199. Seeking to attract more girls to sports groups, newer and more interesting sport branches are popularised, more sports clubs for girls are being set up. Lithuania has 102 sports schools in 2003 attended by 47 764 school students, of them 13 352 girls (28.37%). In 2003 140 young promising athletes were training at Lithuania’s Olympic Sports Centre, of them 54 girls.

200. In 2003-2004 all willing general school and vocational school graduates could be examined to receive a credit in physical education. All are provided equal opportunities to have equally qualified pedagogues. The content and methodology of classes in physical education, home assignment regulating physical activity, increasing mental and physical capacity for work should be better adapted to suite the needs of girls of all age groups.

h)

201. Starting from 2000, classes in universal programmes in Health Care and Preparation for Family Life and Sexuality Education, recommended by experts in education contents, are given at Lithuania’s schools of general education. The programmes are a constituent part of education and cover the imparting of scientific knowledge and ability to use it in concrete situations as well as development of the attitude to family acceptable for the society. The above-mentioned programmes are intended for promoting mature sexuality (constituent part of moral education) when respect is instilled for one’s own and the opposite gender. Education in sexuality covers the development of communication skills, helps develop responsibility in this way forming an independent personality immune to external influences. The purpose of education in sexuality is achievement of internal maturity, preparedness for marriage, fatherhood and motherhood, whereas the objective of sexual education is to provide children with knowledge about pregnancy, childbirth, AIDS, sexually transmitted diseases, spiritual and physical damage inflicted by abortion. The analysis of Standards for General Curriculum and Education Levels of 2004 showed that there are many possibilities for including the Preparation for Family and Sexuality Development Programme in the curriculum, however, as teaching subjects they are not sufficiently used. The Minister of Education and Science formed a working group charging it to analyse substantially the Preparation for Family and Sexuality Development Programme and to work out its concept. The skills of healthy living and proper personal hygiene are formed in school students at schools following the programme “Hello School!”

Article 11

202. Lithuania’s main document regulating labour law – the Labour Code of the Republic of Lithuania -entered into force as of 1 January 2003. The Code established equality of subjects of labour law irrespective of their gender, sexual orientation, race, national origin, language, origin, citizenship and social status, religion, marital and family status, age, opinions or views, political party or public organisation membership, factors unrelated to the employee's professional qualities. Several articles of the Code are devoted to regulating equal opportunities of women and men, including that of receiving equal pay for equal or equivalent work, maternity protection (including the provision prohibiting termination of an employment contract with a pregnant woman from the day on which her employer receives a medical certificate confirming pregnancy, and for another month after maternity leave, maternity (paternity) leave, etc. The Code has been harmonised with the European Union legislation and contains no provisions discriminating women or men.

203. The statistical data reflects women and men economic activity rates, employment and rate of unemployment of women and men by age groups. The data is presented in Table 1 of the Annex to this Report.

204. The Concluding Observations of the UN Committee on the Elimination of Discrimination against Women express concern about the fact that there tends to be a higher number of women among the higher-educated unemployed. In 2000-2004 in Lithuania more women with higher and tertiary education were unemployed than men. Data relating to unemployed women and men by education is presented in Table 2 of the Annex to this Report. Still it can be perceived that women of the older age group become ever more active in business activities. In 2000 the number of women of 51-60 age group engaged in business was by 3.8% higher than that of men of the same age group. As seen from the data in Table 3 in the Annex to this Report, in 2000-2002 general employment of women in the economic activity was higher than that of men. The data is presented in Table 3 of the Annex to this Report.

205. According to population employment surveys, general employment of Lithuania’s population is growing while unemployment is falling:

Population employment

	2001	2002	2003
Population aged 15 and older, beginning of the year, thou	2800.4	2816	2829.6
Labour force	1635.8	1630.3	1641.9
Employed	1351.8	1405.9	1438
Unemployed	284	224.4	203.9
Unemployment rate, percent	17.4	13.8	12.4
Young people(15–24 years), percent	31.1	23	25
Female, percent	14.7	12.9	12.2
Male, percent	19.9	14.6	12.7
Employment (population aged15–64 years), percent	57.2	59.6	60.9

206. Male employment (61%) in May 200 was much lower than the EU average (72.6%) whereas that of female was higher than the EU average (5 – 8.2% and 53.1%). By age-groups employment in Lithuania was higher than the EU average employment of women aged between 24 and 54 years (77% and 65%) and average employment of population of both genders of the age of 55 to 64 years. Employment of young women and men until the age of 54 years in Lithuania was below the EU average. The average employment rate in Lithuania was less than the EU average. In 2001 the average employment rate fell to 57.2%.

207. In 2003, as against 2002, employment of the population aged between 15 and 64 years increased by 1.3% and the average employment rate was 60.9%. The Vilnius county witnessed the largest gains of 3.9% in the employment of the population which reached 63.8%. In 2003 the Tauragė County had highest employment of 66.2% after the annual gain of 1.9 %. The lowest employment was in the Alytus County – 54.5 % and in the Utena County - 57%. The number of the unemployed falls with the population employment gains. On 1 January 2004 the number of the unemployed registered at the Lithuanian Labour Exchange was 158.8 thousand. In a year’s time the number of the unemployed fell by 32.3 thousand or by 17%. At the beginning of 2003 the number of unemployed women and of unemployed men was almost equal but in a year’s time the number of unemployed women slightly increased. On 1 January 2004 the number of unemployed women accounted for 53.6% of the total number.

208. Although for several years the female unemployment rate has bee below male unemployment rate, female employment rate has been constantly falling behind male employment. According to the data presented by the Statistical Department under the Government of the Republic of Lithuania, employment of women (15 to 64 years of age) was much lower within the period than employment of men and reached only 58.4% (men - 63.7%). Total population employment rate in the 3rd quarter 2002 as against that of the beginning of the previous year increased up to 52.6%. At the beginning of 2002, 64.9% of the employed women worked in the service sector (15.6% in education, 14.6% in trade, repair of motor vehicles and personal and household goods, 11.5% in health and social work) and only 19.5% were employed in the manufacturing and 14.2% in agriculture sectors. Men were more equally distributed during the period - 46%% were employed in the service sector, 22.2% in industry (18.3% manufacturing, 11.9% in construction), 21.3% in agriculture and the rest in other spheres of economic activity.

209. Assessing employment of women, elderly women and rural women must be singled out as constituting a specific category. It must be admitted that finding employment for elderly persons, both women and men, is more difficult. Still, in the beginning of 2002 employment rate of women aged 50-64 years was 44.9% while that of men of the same age group – 54.4%. In rural residential areas the number of women among the long-unemployed as well as among the job seekers registered at the labour exchange for 6 to 12 months was also higher than that of men. On 1 November 2002 female unemployment rate was already higher than male unemployment, having reached 10.9% (male unemployment was 9.9%).

210. The number of women managers in the country’s economic life is going up. According to the data of the small and medium size enterprise conditions survey carried out by the Statistical Department under the Government of the Republic of Lithuania in conjunction with the Ministry of Economy, the number of women enterprise managers has increased. Thus, in 2000 there were only 29.2% of women managers, whereas in 2001 their percentage was already 40%. The majority of women managers are in the 31-50 age group. The prevailing age group among male managers is 21-40 years.

211. As noted in the Recommendations of the UN Committee for the Elimination of Discrimination against Women, the tendency towards feminisation of poverty is getting ever more marked – poverty has become the plight of women of all groups. Therefore the Committee recommended the Government of the Republic of Lithuania to explore the state of poverty of women in different age groups and to implement effective poverty reduction programmes.

212. Incomplete employment of women directly conditions poverty feminisation, whereas long-term unemployment has an especially painful effect on women. Although long-term unemployment has fallen compared to the situation in 2001, the total scope of unemployment is not decreasing. According to the labour force survey data, in 2003 about 50% of the unemployed had been jobless for a year’s period and longer (102.3 thousand unemployed), from them about 32% had been unemployed for 2 years and longer (65.7 thousand unemployed). Long-term unemployment is widespread both among men and among women, but female unemployment rate is slightly higher. On the other hand, male long-term unemployment (2 years and more) is slightly higher. The unemployed who are 50 years old and older face the highest risk of long-term unemployment, from them long-term unemployed accounted for about 62% in 203. (from them especially long-term unemployed for 2 years or longer accounted for about 44%).

213. The Committee has also noted that female-managed households are especially poverty prone. This trend remains marked in the 2000-2004 period as well. Single persons and childless married couples have highest income whereas the lowest income is received by households with children, single mothers with underage children or families where the woman is the breadwinner and the man is unemployed, since women’s average wages are lower than men’s are.

214. Seeking to improve the economic condition of women, in view of the current unemployment, employment, Lithuania’s Single Programming Document for 2004-2006, approved by Resolution No 935 of the Government of the Republic of Lithuania of 2 August 2004 has been consistently gender-mainstreamed, thereby providing for the possibilities to improve women’s economic position with the support of the EU structural funds.

215. Preparation of the National Action Plan for Employment has been started following the European Employment Guidelines which would be gender-mainstreamed through the entire document as well as special measures for increasing female employment would be provided.

216. The National Action Plan of the Republic of Lithuania for Combating Poverty and Social Exclusion for 2004-2006 intended for improving the situation of the most vulnerable groups of the population and their opportunities, reducing poverty and social exclusion has been prepared. Long-term objectives of the Plan is ensuring for the needy, the persons belonging to social exclusion groups not only material goods or social services, but also opportunities to acquire adequate education, receive good quality health services, have housing meeting the established public standards, healthy working conditions, the possibility to choose and to influence decision making. State institutions, municipalities, non-governmental organisations will take part in the implementation of the Plan. All measures of the Plan have been drafted taking into consideration different problems and needs of women and men. Special measures for reducing social exclusion of women have been provided for. Monitoring of the implementation of the Plan will be performed by a working group with the Equal Opportunities Ombudsman participating.

217. Although Lithuania’s legal acts provide both for women and men equal rights and equal opportunities to participate in the labour market, lower employment of women is conditioned buy various economic, social, cultural factors. One of the basic reasons hindering equal employment of genders is the traditional public attitude to the role of the man and woman. According to the formed stereotypes men are not only breadwinners of the family: in the employers’ opinion the are also more competent, more responsibility-conscious, adopt more rational decision. Traditional attitude to the duties of woman and man in the family is revealed in the survey by the Sociological company “Baltijos tyrimai” in the answers by the respondent to the question who is the breadwinner in the family. 57.2% of men think that it is only their duty to support the family. The opinion is upheld by 51.4% women. Thus it is obvious that almost half of Lithuania’s population assign that role to men. This assignment is an important indicator of women’s exclusion; on the other hand, it places a heavy burden on men, because in the modern society one person most often is not in the position maintain the family alone. Although, as prescribed by law, both women and men are eligible to parental leave in Lithuania, according to the data of the State Social Insurance Fund Board only 179 (about 1 %) men took parental leave out of 17.8 thousand who were eligible.

218. Maternity and family duties is the greatest obstacle for women to retain a job or to seek for another one. Women with children encounter numerous difficulties at work. Younger women are often refused a job because they have/may have children. Single mother find it extremely important to be admitted to a job. In 2001 single mother constituted 5.4% of all households consisting on the average of 2.5 persons. The same year single fathers (husbands) raising children accounted only for 0.2 of all households.

219. Female participation in business is a significant indicator of female employment. Taking up and developing business is especially troublesome for women. Ever more women venture to launch their own business, however they encounter numerous obstacles. Starting a business is more difficult for a woman with children as often she alone is responsible for taking care of them. Women also hardly ever become equal partners of men entrepreneurs as men treat female entrepreneurs with scepticism. Other difficulties that women have to overcome concern insufficiency of business skills and lack of information. The problems of female entrepreneurs are addressed in the Small and Medium-sized Business Development Strategy until 2004 and Small and Medium-sized Business Development Measures for 2002-2004, approved on 19 July 2002 by Resolution No 1175 of the Government of the Republic of Lithuania. Moreover, female entrepreneurs are encouraged to submit proposals regarding possible settlement of the said problems. The above measures are supplemented having regard to their proposals. As discovered from the surveys conducted in the Western countries, women have to overcome more difficulties than men in order to be granted credit for business development. There is no data available in Lithuania about the number of female entrepreneurs who have been granted credit for business development.

220. Changing the traditional attitude to the role of woman and man and supporting modern perception of their roles is helpful in changing the current state of female employment. One of the main directions of the National Programme for Equal Opportunities for Women and Men for 2003-2004 is ensuring equal opportunities for women and men in the sphere of employment. The measures provided for in the Programme are aimed at changing the stereotypes of female and male roles in economics, providing conditions for women and men to reconcile work and family duties, encouraging men to take parental leave, creating better conditions for the employment of women of the older age group, amplifying the opportunities for women to take up and develop business, seeking establishment in private sector of equal pay for equal work of equal value for women and men, increasing legal literacy of women and men.

221. Women’s employment/unemployment indicators most clearly characterise the status of women and in general the state of implementation of the equal opportunities principle in the society. Lithuanian women are rather active participants in the economic life of the country. An increasing number of women are engaged in entrepreneurship, however men do not view them as full-fledged partners thereby hindering the development of female business. Women also encounter other difficulties relating to lack of business skills, deficiency of information, etc.

222. With a view to increasing the opportunities of women to start and develop business, the Ministry of Economy in conjunction with the Lithuanian Development Agency for Medium and Small Sized Enterprises organised round tables for female entrepreneurs for discussing problems encountered by women willing to start up a business, the ways of resolving the problems, measures promoting female entrepreneurship, female business financing possibilities. In June-December, 2003, 1184 hours of individual subsidised consultations were given to 203 employees of small and medium-sized enterprises. During the above period specialised 2584 hour subsidised teaching was organised involving 847 employees of small and medium-sized enterprises.

223. Round tables of representatives of NGOs, female entrepreneurs and women intending to start their business were held within the framework of the National Programme for Equal Opportunities for Women and Men for 2003-2004. On 29 August 2003 such a measure was organised by the Lithuanian Development Agency for Medium and Small Sized Enterprises. It was attended by representatives of responsible state institutions and businesswomen organisations. During the event problems encountered by women intending to start their business, the ways of solving these problems, measures promoting female entrepreneurship, female business financing possibilities have been discussed.

224. The bilateral Finnish-Lithuanian project “Promoting Entrepreneurship amongst Women” was implemented in 2002. The project was financed by the Government of Finland and the European Development Bank. A publication “Small Business Financing Alternatives” was prepared and published, information material on where and how female entrepreneur may apply for credit was prepared and published in 500 copies, 10 female entrepreneurs drafted business plans for the receipt of credit, 100 female entrepreneurs attended a 2-day seminar at which financial problems arising for women entrepreneurs and ways for their solution were discussed, 60 female entrepreneurs took part in the mentoring programme, contributed to other initiatives.

225. In 2002 women intending to start up business actively participated in the implementation of the project “Support for the Beginners Entrepreneurs.” Within the framework of the project consulting and training services provided to the following target groups:

Women	Young people (20–29 years)	Natural persons working with a business patent
Total	percent	total	percent	total	percent
541	64	189	22	103	12

226. Other initiatives also contribute to creating a positive image of the woman. The Lithuanian Development Agency for Medium and Small Sized Enterprises has established a new portal “Women Entrepreneurship”. Here examples of successful female entrepreneurship, projects intended for female entrepreneurs are presented, information about the operation of women entrepreneurs organisations and women’s information centres may be found.

Part 1

a)

227. Paragraph 1 of Article 48 of the Constitution of the Republic of Lithuania establishes that every person may freely choose an occupation or business, and shall have the right to have adequate, safe and healthy conditions at work, to receive fair remuneration for work and be provided social security in the event of unemployment. Taking into account the principle of equality of all persons before the law enshrined in Article 29 of the Constitution of the Republic of Lithuania, it should be concluded that the provision set forth in Article 48 is applicable both to women and men. It is worthwhile noting that the principle of freedom of choice of employment is also enshrined in Article 2 of the Labour Code of the Republic of Lithuania. Moreover, it is established in the Article that the state provides support to the exercise of labour rights. The above provisions of the Code are applied with respect to all subjects of labour law irrespective of their age, gender, ethnicity, race or other circumstances.

228. According to the data of the Public Servants Register, in January 2004, there were 14 706 women and 9 812 men public servants in Lithuania. Among the career public servants 14287 are women and 9258 men. 167 women and 229 men held the office of the public servant of political (personal) confidence. 167 women and 125 men were employed as public managers in the public service. All in all 40% of employees in public service were men, 60 % were women.

Public servants broken down by age and gender

Categories of position in the public service	Number	Medium age
Public servants of political (personal) confidence o	481	43.75
Women	252	41.33
Men	229	46.42
Career public servants	23545	42.46
Women	14287	42.75
Men	9258	42
Public managers	492	48.56
Women	167	48.5
Men	325	48.58
Total of public servants	24518	42.6
Women	14706	42.79
Men	9812	42.32

229. In recent years, with the economic situation in Lithuania improving the number of pre-pensionable unemployed has fallen. From 2000 the number of pre-pensionable age unemployed has fallen from 19% to 17%. This has been first of all conditioned by the amendment of Articles 5, 7, 8, 11, 13, 14, 16, 161, 19, 201, 22 of the Law of the Republic of Lithuania on the Support of the Unemployed (21 December 2001 No IX-687) which established that the payment of unemployment benefit shall be extended, upon their consent, to the unemployed who are within two years of becoming eligible to receive old-age pension and have a state social insurance pension record of at least 15 years, whereas those who do not receive the unemployment benefit shall be paid unemployment benefit in the amount of the state-supported income until the person reaches pensionable age. During the period they are paid the unemployment benefit they are not subject to active labour market policy measures; after their employment payment of the benefit is suspended. A certain portion of people who are within two years of becoming eligible to receive old-age pension ceased job-seeking activities and chose to receive the pre-pensionable unemployment benefit. On 1 December 2003 the registered number of such persons amounted to 13.2 thousand or almost a half of the pre-pensionable unemployed.

230. The challenges posed by the ageing of the population urge to take appropriate measures. The UN Committee for the Elimination of Discrimination against Women expressed its concern about the employment of women in the older age group. Taking into account the Committee’s observation, the Government of the Republic of Lithuania has taken measures to put to the use the free potential labour force and in this way increase its employment and participation in the implementation of labour market policy measures. One of the guidelines of the EU Member States employment policy is promoting the activity of persons of the older age group, more efficiently applying with respect to them employment support measures.

231. It is believed that in 2004 some 18 thousand persons older that 55 years of age would be registered in Lithuania’s territorial labour exchanges. In view of that the programme for the support for the unemployed aged 55 years and over has been launched in 2004. The main objective of the programme is to reduce the unemployment of persons over 55 years of age by increasing their employment. The measures of the programme scheduled for 2004 are intended for securing the provision of support of at least 10 000 registered unemployed of 55 years and older. These persons will make up at least 10% of the people employed in public works. It is endeavoured to employ in the subsidised jobs persons who are within five years of becoming eligible to receive old-age pension. Currently such persons constitute some 7%.

232. The Law of the Republic of Lithuania on Social Enterprises (1 June 2004 No IX-2251) was adopted in order to encourage persons who have lost professional and general capacity for work, who are economically inactive, unable to compete on equal conditions in the labour market to return to the labour market, to speed up their social integration, reduce their social exclusion. As provided in subparagraph 4 of article 4(1) of the Law, social enterprises support employment, including that of mothers or fathers who are actually alone taking care of and raising a child under 8 years of age, if the duration of unemployment from the day of registration with the territorial labour exchange is longer than 6 months.

b)

233. Women and men must have equal opportunities for employment, also for being admitted to work according to equal selection criteria. This also refers to information relating to equality of rights of public servants. It should be noted that equality is one of the principles on which public service is based, as established in paragraph 1 of Article 3 of the Law of the Republic of Lithuania on Public Service. Paragraph 1 of article 5 of the Law of the Republic of Lithuania on Equal Opportunities of Women and Men establishes the employer’s duty to implement equal rights for women and men at work and to apply equal recruitment criteria. Article 2 of the Labour Code of the Republic of Lithuania also establishes the principle of freedom of choice of employment irrespective of the gender and other factors unrelated to the employee's professional qualities.

c)

234. Paragraph 2 of Article 5 of the Republic of Lithuania Law on Equal Opportunities of Women and Men provides for the duty of the employer, when implementing equal rights for women and men at workplace, to provide equal working conditions, opportunities to improve qualification and provide equal benefits, while paragraph 3 – the duty to apply equal criteria in assessing the quality of work.

235. One of the priorities of the Programme of the Government of the Republic of Lithuania for 2001–2004 is to ensure equal opportunities for women and men in seeking education, upgrading their qualifications, in employment, promotion, setting the salaries; to enable women to participate on equal conditions with men in all areas of political and public life, to expand the scope of their employment in prestigious spheres of activity, in high-ranking positions in public institutions.

236. The system of higher education is in compliance with other legal acts of the Republic of Lithuania and guarantees the right of women and men to free choice of profession. The system of higher education provides social guarantees to studying mothers. A possibility of freely choosing a study programme and a convenient form of studies allows women to consistently pursue career and improve their qualifications.

237. The Provisions for the National Education Strategy 2003–2012 establish the objective to help an individual (of any gender) to acquire a vocational qualification and to create conditions enabling life-long learning and acquisition of new qualifications. To this end, a flexible system for financial support is developed – study credits, loans for studies are available to all students. All teachers (pedagogical staff) have equal opportunities of career, acquisition of a profession (a specific qualification), improvement of qualifications and certification.

d)

238. Paragraph 4 of Article 5 of the Republic of Lithuania Law on Equal Opportunities of Women and Men establishes a duty of the employer, when implementing equal rights for women and men at workplace, to provide equal pay for work of equal value.

239. Paragraph 3 of Article 186 of the Republic of Lithuania Labour Code establishes that men and women shall get an equal pay for equal or equivalent work, paragraph 3 of Article 188 establishes that when applying the work classification system for determining the wage, the same criteria shall be equally applied to both men and women, and the system must be developed in such a way so as to avoid discrimination on the grounds of sex. As from 1 January 2003 and under paragraph 1 of Article 188 of the Republic of Lithuania Labour Code, the conditions for determining the wage, rates, tariffs and qualification requirements for professions and positions, work quotas, the procedure of setting tariffs for work and the employees shall be laid down in collective agreements. Under paragraph 2 of this Article, specific hourly pay on the rate basis, monthly wages, other forms of remuneration for work and conditions, work requirements (output, time, service and other requirements) shall be laid down in collective agreements and contracts of employment. Paragraph 4 of Article 4 of the Republic of Lithuania Labour Code stipulates that tripartite agreements, collective agreements and local (internal) regulatory acts relating to working conditions, under which the position of the employees is made less favourable than that established by this Code, laws and other regulatory acts, shall be null and void. In the cases where this Code and other laws do not directly prohibit the subjects of legal relations pertaining to labour to establish, of their own accord and by way of an agreement, mutual rights and obligations, the above subjects shall guided by the principles of justice, reasonableness and good faith.

240. The Republic of Lithuania Law on Public Service regulates remuneration for work of public servants. On 23 April 2002, the Seimas of the Republic of Lithuania passed a new version of the Republic of Lithuania Law on Public Service, laying down the conditions of remuneration for work of public servants which became effective as of 1 July 2002. Under the new version of the Republic of Lithuania Law on Public Service, remuneration of a public servant comprises: the basic salary, bonuses and an additional pay. The number of categories of positions of public servants has been reduced – from 30 to 20 categories. Public employees have become the employees working under an employment contract. Their employment relations and social guarantees shall be regulated by the Republic of Lithuania Labour Code and other legal acts. Following the entry into force of the new version of the Law, determination of the rates of remuneration for work of public servants shall not be subject to a transitional period. The basic salary shall be determined according to the category of the public servant and shall be the same for all the positions of the same category.

241. The United Nations Committee on the Elimination of Discrimination against Women has presented to the Government of the Republic of Lithuania recommendations on the employment sectors in which more women are employed and salaries of women are lower than in traditionally male-dominated fields of employment. It is worthwhile noting that in 2000–2004, the average salary of women was lower than that of men. Statistical data show that in the sectors of the economy employing more women than men, salaries are lower than in those employing more men than women (Tables 3, 4, 5 and 6 of the annex to this report). In the health care and social work sector, 84,2 per cent of all employees in 2002 were women, and their average monthly gross salary in the fourth half of 2002 amounted to LTL 876. In the transport sector, in which men account for approximately 70 per cent of the workforce, the average salary over the same period was LTL 1155,3 per month.

242. The average monthly salary of women in 2002 amounted to 81,2 per cent of the salary of men:

Average monthly gross salary of women¹, in per cent of the average monthly gross salary of men

Year	National economy	Public sector	Private sector
2000	81,7	77	84,5
2001	81,4	76,8	83,3
2002	81,2	74,9	85
2003	80,9	75,2	83,8

Statistical data on the average monthly salary of hired employees

¹Personal enterprises are not included.

243. The average monthly gross salary of women in 2002 according to types of economic activity, the average monthly gross salary (of men and women) in the national economy according to types of economic activity in 2000–2002 as well as the average monthly (gross) salary of men and women in the national economy according sectors of the economy for the fourth half of 2004 are presented in Tables 3, 4, 5 and 6 of the annex to this report. In some fields of activity (social insurance activity, education, fisheries, public services, hotels and restaurants, health care and social work), the average monthly salary of women is higher than that of men or relatively equal. Statistical data on the average monthly salary of hired employees have been presented.

244. The National Programme for Equal Opportunities for Women and Men for 2003-2004 devotes much attention to the employment of women and unequal payment of women and men for their work. One of the main objectives of the Programme is to seek that in the private sector, women and men are set equal salaries for work of equal value. To this end, a scientific study of the reasons and factors determining differences in salaries is being conducted. It has been established that the differences in the salaries of men and women are determined by a large number of factors, of which the main are: the structure of employment of men and women, their distribution according to economic activity and categories of employees (workers, servants); professional composition; level of qualifications. However, the lower salary of women is also determined by other factors. Thus, in the braches of economic activity employing the majority of women, salaries are considerably lower than in those employing the majority of men. Difference in the average salary is also caused by the vertical segregation of the labour market, where more men than women occupy leading positions. The amount of income of women also depends on whether they actively participate in the economic activity. On the basis of the studies, methodological recommendations are prepared for social partners on the evaluation of work and positions when determining remuneration for work.

245. It should be noted that the Action Plan of the Social Partnership Development of the Government, Trade Unions and Employers’ Organisations for 2003-2004 was approved by Resolution No 67 of the Government of the Republic of Lithuania of 21 January 2003. This plan has been drawn up in compliance with an agreement of 29 May 2002 of the Republic of Lithuania Government, trade unions and employers’ organisation on a tripartite cooperation in 2002. The agreement also provides that once per half a year, the Tripartite Council shall discuss compliance with labour laws and submit proposals on the improvement and enforcement of the labour laws and better control of compliance therewith.

246. With a view to reducing the vertical segregation of the labour market, this Programme provides for the measures ensuring equal opportunities for women to participate, on a full-fledged basis, in the process of decision-making in government and administration institutions, in activities of the decision-making bodies of political parties, trade unions, international and non-governmental organisations and other institutions, enhancing opportunities for women to occupy high-ranking positions and obtain decision-making posts, recommending and promoting of a balanced gender representation in the commissions and working groups formed. In 2004, information about the men and women occupying the highest-ranking positions in the main Lithuanian institutions, including the political and government level, courts, law enforcement and control institutions, banks, largest Lithuanian undertakings was collected, systematised and submitted for inclusion in the database under preparation by the European Commission.

e)

247. Following the entry into force on 1 January 2003 of amendments and supplements to the Republic of Lithuania Law on State Social Insurance Pensions (10 December 2002 No IX-1245) as adopted on 10 December 2002, a mother (father) is obligatorily insured by state social pensions insurance – during the period of a child care leave, raising a child under the age of three, where the mother (father) does not receive insured income during this period, as well as a mother (father) who is not on a child care leave and does not receive insured income, until the child reaches the age of three. Moreover, the lowest state social insurance old age and disability pensions have been increased as of the date. Provisions of the Law have been brought in compliance with provisions of the Republic of Lithuania Labour Code, which entered into force on 1 January 2003, on the payment of maternity benefits to the persons who have adopted a newly born baby or who have been appointed as his guardians. A possibility has been provided for the persons who have been dismissed due to the bankruptcy or liquidation of an undertaking to receive social insurance maternity and maternity (paternity) benefits.

248. These amendments to the Republic of Lithuania Law on State Social Insurance Pensions have improved the conditions of pensionary maintenance for the families left without a breadwinner. From 1 January 2003, survivor’s pensions are paid to the persons raising children of the deceased not until the orphaned children reach the age of 18, but as long as they study (but not longer than until they reach the age of 19). Moreover, survivor’s pensions are paid not only to guardians of orphaned children under the age of 18, but also to custodians (until a child reaches the age of 18, and if the child is studying – until he reaches the age of 19).

249. New amendments and supplements to the Republic of Lithuania Law on State Social Insurance Pensions (12 February 2004 No IX-2017) entered into force on 1 March 2004. The new provisions of the Law are more favourable to both recipients of old age and orphan’s and disability pensions. Until 1 March 2004, the Law provided that at the request of a person, the state social insurance old age or disability pension he draws may be awarded anew in accordance with new data on his period of service and salary only in the case the person accrues an additional period of service of at least 3 years following the awarding of the pension. The amendments to the Law have softened these requirements– the required period of service has been lowered to 2 years. Therefore, a person who has worked for 2 years following the awarding of a pension will already be entitled to apply for awarding of the pension from anew. Amending the Law, account has been taken of the interests of young disabled persons – the requirements set for minimum and obligatory insurance periods have been softened. In order to draw a disability pension, a person needs to have the minimum work record period, however, to draw the whole amount of the disability pension, the person needs to have the obligatory work record period. This period depends on the age of the person on the day a disability group is established to him. A person recognised as disabled, who has minimum period of service, but does not have obligatory period of service, may receive a partial pension corresponding to the length of the period of service of the person. The amended Law is favourable to the persons who have reached the pensionable age or have been recognised as disabled persons, but who cannot obtain the certificates required for the awarding of a pension on their salary until 1 January 1994. As of 1 March 2004, pensions shall be calculated in such cases by presuming that during the period for which a person cannot present data on the salary, he received the minimum salary.

250. Under the aforementioned Law, the lowest (up to LTL 325 per month) old-age and disability pensions have been additionally increased. The old age pension increases provided its recipient has acquired, by working under an employment contract or on the basis of membership or service until 1 January 1995, a period of service of the following length: for women – 20, for men – 25 years. Disability pensions are additionally increased provided their recipients have acquired at least a part of their period of service, regardless of its length, by working until 1 January 1994 under an employment contract or on the basis of membership or service. The amount by which each pension is going to increase shall depend both on a person’s length of service and on the amount of the pension he receives. The lengthier period of service a person has and the lower pension he receives, the more his pension is going to be increased. Following the entry into force of this Law, pensions to orphaned children under the age of 18 or to the children who are studying and who have lost one or both parents shall be increased. The pension paid to them shall be increased by up to 30% instead of previous 25% of the pension to which the deceased was entitled or could have been entitled.

251. The Republic of Lithuania Law on the Advance Payment of State Social Insurance Old Age Pensions entered into force on 1 July 2004. Under the Law, a request to grant an advanced old age pension may be submitted by the persons who, on the day of application for such a pension, have reached the age which is by five years less than the established pensionable age (men – from the age of 57,6, women – from the age of 55), have acquired a period of state social pension insurance equal to 30 years, have been registered as unemployed for the last 12 months until applying for an advanced old age pension, do not receive other pensions and (or) pensions benefits, compensation for special working conditions, relief compensations or unemployment benefits, nor any other permanent benefits listed in the said Law; do not work under an employment contract or on the basis of membership or service, are not owners of a sole proprietorship, do not conduct other individual activities, do not hold business certificates, are not farmers or partners of their farms.

252. Mothers who gave birth to and brought up five or more children until they reached the age of 8 and the persons who nursed at home the disabled children at least 15 years (disabled children or children recognised as persons with Group I or II disability since childhood or disabled persons with total disability) shall be granted advanced old age pensions if the period of state social pension insurance of the persons who have nursed disabled persons is at least 15 years and they meet other conditions for the granting of an advanced old age pension. The persons who, prior to the granting of an advanced old age pension, have been granted and paid an disability pension, shall be granted an advanced old pension if they have been registered as unemployed for 12 months prior to the granting of the disability pension.

253. The new version of the Republic of Lithuania Law on Social Assistance Pensions (currently the Republic of Lithuania Law on State Social Assistance Benefits) entered into force as of 1 April 2004. The Law guarantees an increased financial support to disabled children as well as to the children left without a breadwinner. The Law focuses on the provision of material guarantees to disabled persons. Social assistance pensions have been increased to the persons recognised as persons with Group I, II or III disability before the day they reached the age of 24, including the persons recognised as disabled persons since childhood. The Law cancels all conditions which until now restricted the right of young disabled people to receive social assistance pensions, i.e. the right to be a school student or a student during disability, to be registered at the labour exchange as unemployed, to be recognised as a disabled person since childhood, etc. Under the Law, social assistance pensions shall be granted to all persons who have recognised as persons with Group I, II or III disability before the day they reached the age of 24 (in certain cases as provided for by the Law – before the day they reached the age of 26), but who are not entitled to higher social insurance disability or state pensions.

254. Pensions to severely disabled children have been increased twofold. Disabled children to whom mild disability is established shall be paid the pension of the current amount – one basic pension (LTL 172 per month). All disabled children, regardless of the level of disability established to them, were until now paid assistance pensions in the same amount of the basic pension. The Republic of Lithuania Law on Social Integration of the Disabled establishes classification of disability for disabled children – their disability shall be divided into severe, moderate and mild. The amount of the assistance pension granted to a child will depend on the level of disability established to the child.

255. The new Law provides for a new benefit for disabled persons – targeted compensations for nursing expenses. This benefit shall be granted in replacement of assistance pensions for nursing of disabled persons at home. The disabled children to whom severe and moderate disability is established as well as persons with Groups I and II disability who became disabled before the day they reached the age of 24, regardless of causes of a sickness, provided that the necessity of permanent nursing or permanent assistance or permanent supervision is established for them, shall be entitled to receive compensations. The targeted compensations for nursing expenses to disabled children to whom severe disability is established and to persons with Group I disability shall be in the amount equal to one basic pension, to disabled children to whom moderate disability is established and to persons with Group II disability – in the amount equal to 0,5 basic pension. Targeted compensations shall be granted and paid both to the persons receiving state social insurance pensions and to the persons drawing social assistance pensions if these persons became disabled before the day they reached the age of 24 (in some cases – before the day they reached the age of 26). Nursing allowances shall be paid to persons with total disability. The amounts of nursing allowances are subject to changes too. From 1 July 2004, they have been increased to the amount of 1,25 basic pension. From 1 January 2005, nursing allowances will be raised to the amount of 1,5 basic pension.

256. The Republic of Lithuania Law on State Social Assistance Benefits establishes orphan’s social assistance pensions. Orphan’s social assistance pensions shall be granted to all orphaned children who do not receive social insurance orphan’s pensions, because their deceased parents (one of their parents) have not acquired the required pensions insurance period. From 1 April 2004, an orphan’s social assistance pension has been increased to LTL 86 to each child.

257. In light of the initiative of the Council of Europe, the Seimas of the Republic of Lithuania declared on 18 April 2002 the year 2003 to be the Year of the Disabled in Lithuania. The Action Plan for the Year of the Disabled in Lithuania, as prepared and approved of by Resolution No 159 of the Government of the Republic of Lithuania of 3 February 2003, focuses on the improvement of the legal acts regulating various spheres of life and activities of disabled persons, education of society, developing of a positive attitude of society towards disability, adaptation of the physical environment teaching, education and provision of social services in institutions to the needs of disabled persons.

258. The Concept of the Reform of Disability Assessment and Social Protection Measures for the Disabled was approved of by Resolution No 160 of the Government of the Republic of Lithuania of 12 February 2001. The aim of the Concept is to change the procedure for assessing disability so as to provide conditions for a fairer and more efficient application of social protection measures to disabled persons with a view to recreating their working capacity, independence and promoting their integration in society.

259. In continuation of development of a comprehensive rehabilitation model for the disabled, the National Programme for Social Integration of Persons with Disability for 2003–2012 was prepared in 2002 and approved of by Resolution No 850 of the Government of the Republic of Lithuania of 7 June 2002. The objective of the Programme is to outline the state policy of medical, occupational and social rehabilitation and integration of the disabled, its priority objectives and actions. Implementing the National Programme of Social Integration of Persons with Disability for 2003–2012 and in compliance with Concept of the Reform of Disability Assessment and Social Protection Measures for the Disabled, the Ministry of Social Security and Labour has drafted the Republic of Lithuania Law Amending the Law on Social Integration of the Disabled, which was passed by the Seimas of the Republic of Lithuania on 11 May 2004. The Law is to come into force on 1 July 2005. The Law regulates the assessment of disability, level of working capacity and special needs and stipulates the basic rights and duties of disabled persons, main directions of social integration, means of their implementation, the institutions responsible for the social integration of the disabled.

260. The Government of the Republic of Lithuania attaches especial attention to the social support of elderly people. Resolution No 737 of the Government of the Republic of Lithuania of 14 June 2004 has approved the National Strategy for Mitigating the Consequences of the Population Ageing, which provides for broadening of participation of elderly people in the public life, ensuring their social inclusion and opportunities to live independently; promoting a continuous and sustainable economic development by taking account of the consequences of ageing of society; strengthening of an appropriate and reliable social security for the present and future generations; organising the labour market to enable the longest possible use in the labour market of the professional skills acquired by older people; implementing the principle of a life-long learning; ensuring the physical and mental health and material well-being of these people throughout their life; guaranteeing equal opportunities in receiving qualified health care and social services; taking into consideration gender aspect when formulating ageing policy; supporting elderly people, their families and the communities providing guardianship services; promoting solidarity of generations.

261. Article 156 of the Republic of Lithuania Labour Code stipulates that rest period shall be the time free from work, regulated by law, a collective agreement or a contract of employment. Article 157 of the Code provides for the following categories of rest period: a break to rest and to eat; additional special breaks for rest during a working day/shift; uninterrupted rest for 24 hours in between working days/shifts; uninterrupted rest for a week; an annual rest period (public holidays, annual leave).

262. Article 161 of the Republic of Lithuania Labour Code guarantees uninterrupted weekly rest, establishes that Sunday shall be a general rest day and where there are five working days in a week – Saturday and Sunday, with the exception of cases specified in this and other regulatory legal acts. For enterprises and organisations where work cannot be interrupted by a general rest day, rest days shall be provided on other week days in succession to each group of the employees in accordance with the work/shift schedules. An uninterrupted weekly rest shall not be shorter than 35 hours. It shall be prohibited to assign work on rest days, with the exception of work which cannot be interrupted on technical grounds (enterprises and organisations of uninterrupted operation), work involving the need to provide services to the population as well as work involving urgent repair and loading. Pregnant women, women who have recently given birth to a child, breast-feeding women, the employees raising a child before he has reached the age of three, and employees raising, as single parents, a child before he has reached the age of fourteen or a disabled child before he has reached the age of sixteen, and persons under eighteen may be assigned work on rest days only subject to their consent. Persons under eighteen years of age must be provided at least two rest days per week.

263. Under subparagraph 2 of paragraph 1 of Article 145 of the Republic of Lithuania Labour Code, shorter working time shall be set for persons who work in the working environment where the concentrations of hazardous factors exceed the acceptable limits set in legal acts on safety and health at work and it is technically or otherwise impossible to reduce these concentrations in the working environment to acceptable levels not hazardous to health, – working time shall be set taking into account the working environment, but not exceeding 36 hours per week.

264. Shorter working time shall be set for employees working at night (subparagraph 3 of paragraph 1 of Article 145 of the Republic of Lithuania Labour Code). Working time at night shall be shortened by one hour (paragraph 2 of Article 154 of the Republic of Lithuania Labour Code).

265. Paragraph 2 of Article 145 of the Republic of Lithuania Labour Code provides that shorter working time for employees performing work involving heavy mental, emotional strain shall be established by the Government. The Procedure for Shortening Working Time for Employees Performing Work Involving Heavy Mental, Emotional Strain was approved of by Resolution No 1195 of the Government of the Republic of Lithuania of 30 September 2003. This Procedure sets forth a shorter working week for pedagogical staff and health care employees. Pedagogical staff (teachers, educators and others), in light of the duties performed and the type of the institution where these employees work, has been set a shorter working week of 36, 30, 24 or 20 working hours. Pharmacy specialists have been set 36 working hours per week. Health care employees, in light of their working conditions and the type of the institution where they work, have been set 39, 36, 33 or 30 working hours per week.

266. Article 164 of the Republic of Lithuania Labour Code provides that employees may be granted an annual leave and a special-purpose leave by preserving their working place (position) and paying to them average salary. Holidays shall not be included in the period of a leave. Article 165 of the Code stipulates that annual leave may be minimum, extended and additional. The minimum annual leave shall be a period of 28 calendar days.

267. Annual 35-calendar-day leave shall be granted to: the employees under 18 years of age; the employees who, as single parents, are raising a child before he has reached the age of fourteen or a disabled child before he has reached the age of sixteen; disabled persons; other persons provided for by law. Article 166 of the Republic of Lithuania Labour Code establishes that annual leave shall not be shortened for part-time employees.

268. Article 167 of the Republic of Lithuania Labour Code provides for an extended annual leave of up to 58 calendar days, which shall be granted to certain categories of employees whose work involves greater nervous, emotional and intellectual strain and professional risk, as well as to those employees who work in specific working conditions. A list of categories of the employees who are entitled to extended annual leave and duration of the leave was approved of by Resolution No 941 of the Government of the Republic of Lithuania of 18 July 2003. This Resolution establishes extended annual leave to pedagogical staff (56 calendar days), scientific workers (56 calendar days), creative employees of theatre and concert organisations (42 calendar days), health care employees (42 or 35 calendar days), social workers (42 or 35 calendar days), pharmacy specialists (35 calendar days), flying personnel (58 or 48 calendar days), seafarers and fishermen (35 calendar days), employees of the Ignalina Nuclear Power Station (up to 42 calendar days), drivers of urgent medical aid stations (42 calendar days), employees of veterinary services (42 calendar days).

269. In addition to the aforementioned extended annual leave, the Republic of Lithuania Labour Code provides for additional annual leave. In accordance with Article 168 of the Code, additional annual leave may be granted: to the employees for the conditions of work which are not in conformity with the normal work conditions; for a long uninterrupted employment at the same work place; for a special character of work. The duration of additional annual leave, the terms and conditions as well as the procedure for providing it shall be determined by the Government of the Republic of Lithuania. A contract of employment, a collective agreement or internal work regulations may define a longer additional annual leave or additional annual leave of types other than those specified in this Article.

270. Moreover, Article 185 of the Republic of Lithuania Labour Code provides for additional leave privileges. Collective agreements and contracts of employment may provide for a longer leave and leaves of other categories, additional privileges for choosing the time of annual leave, higher pay for annual leave and special-purpose leave than those guaranteed by the Republic of Lithuania Labour Code. These privileges, with the exception of the additional privilege to choose the time of one's annual leave, may not be laid down in collective agreements and contracts of employment concluded at agencies and organisations financed from the state, municipal and state social insurance fund budgets and the resources of other funds established by the State, nor in the agreements and contracts concluded at the Bank of Lithuania.

Part 1, f, and part 2, d

271. With the adoption of the Law of the Republic of Lithuania on Social Insurance of Occupational Accidents and Occupational Diseases (No VIII-1509 of 23 December 1999) by the Seimas of the Republic of Lithuania, a new type of social insurance based on the principle of solidarity has been introduced. This Law has also created better conditions for persons who have experienced occupational accidents or occupational diseases to receive due benefits, while employers do not have to pay large benefits in the event of an accident at work.

272. The system of social insurance against occupational accidents and occupational diseases has been functioning since 1 January 2000. Social insurance against occupational accidents compensates persons covered by this type of insurance for the loss of income incurred due to an accident at work or occupational disease. An accident at work means any event at work, including a traffic accident during working time, which has been investigated in accordance with the established procedure and recognised an accident at work, entailing an injury (minor, serious or fatal). An event at work when an employee dies from illness not related to his employment is not considered an accident at work. A sickness benefit is allocated if the right to receive it arose during the time of employment, including the trial period and the day of dismissal from work. A sickness benefit is paid from the first day of temporary disability until the recovery of functional capacity or the establishment of a disability. Having suffered an injury at work or contracted an occupational disease, sickness benefits are paid for the period from the first day of temporary disability from the funds allocated for socials insurance against occupational accidents.

273. One-time compensation for the loss of functional capacity shall be paid in the following amounts: 1) where the insured has lost up to 20 percent of functional capacity, he shall receive a single compensation for the loss of functional capacity amounting to 10 percent of his 24-month compensated wage; 2) where the insured has lost over 20 percent, but under 30 percent of functional capacity, he shall receive a single compensation for the loss of functional capacity amounting to 20 percent of his 24-month compensated wage; 3) where an unlimited loss of functional capacity has been established for the insured, he shall receive a triple single compensation for the loss of functional capacity. When established that the insured has lost over 30 percent of functional capacity, he shall receive periodic compensation for the loss of functional capacity. Periodic compensation for the loss of functional capacity shall be paid to the insured on a monthly basis. The compensation coefficient estimated for the insured may not be under 0.25 or over 3. Periodic compensation for the loss of functional capacity shall be paid until the expiry of the period of the loss of functional capacity established by the State Commission of Medical Social Examination.

274. Where the insured dies as a result of an accident at work or an acute occupational disease recognised as insurance events, the right to the insurance benefit (periodic) shall be enjoyed by the unemployed persons who had been supported by the diseased or, on the day of his death, had the right to maintenance, as well as the child (children) of the diseased born after his death.

275. Where the insured dies as a result of an accident at work or an acute occupational disease recognised as insurance events, the family of the diseased person shall receive a one-time funeral grant equal to 100 insured income of the current year applicable on the month when the fatal accident at work or the acute occupational disease occurred. This grant is paid in equal parts to every family member of the diseased.

276. In May 2003, the Seimas of the Republic of Lithuania passed the Law Amending the Law of the Republic of Lithuania on Social Insurance of Occupational Accidents and Occupational Diseases (No IX-1591 of 29 May 2003) under which persons whose occupational disease has been established after dismissal from work, but who have been covered by this type of insurance (contributions were paid for them) after 1 January 2000, shall also be entitled to the said insurance benefits (except for sickness benefit).

277. At the end of 2003, a new version of the Law of the Republic of Lithuania on Social Insurance of Occupational Accidents and Occupational Diseases (http://www2.socmin.lt/Litlex/ll.dll?Tekstas=1&Id=68845&BF=1No IX-1819 of 11 November 2003) was passed. It regulates the procedure of recognition of insurance events in clearer and more precise mannerhttp://www2.socmin.lt/Litlex/LL.DLL?Tekstas=1&Id=37415&BF=4&TikTxt=1&LLKompId=06597241&LLKompTest=01522969 - P68845_2, bringing the provisions on compulsory social insurance of occupational accidents and occupational diseases into line with documents establishing labour relations and conditions. The Law also aims at strengthening motivation of employers and employees and their responsibility for guaranteeing and observing safe working conditions, and allocating funds for the prevention of occupational accidents and occupational diseases. The Law envisages recognising as insurance events only occupational accidents occurring at a workplace and while being engaged only in the work specified in the employment contract.

278. The new version of the Law of the Republic of Lithuania on Social Insurance of Occupational Accidents and Occupational Diseases more precisely defines occupational accidents and occupational diseases that qualify as insurance events and those which do not qualify as such. The new version of the Law is more precise about the application of insurance to work on rest days, leave and business trips.

279. For the purpose of stimulating employers to pay more attention to working conditions of employees, the new version of the Law of the Republic of Lithuania on Social Insurance of Occupational Accidents and Occupational Diseases provides for a differentiated tariff of occupational accident social insurance contributions to be applied from 1 January 2005. This tariff will be set for each insurer having regard to the number and degree of occupational accidents occurring at the given workplace.

280. Special protection to pregnant women, women who have recently given birth or breast-feeding women is provided by the Law of the Republic of Lithuania on Safety and Health at Work and the Labour Code of the Republic of Lithuania. They must be provided with safe and healthy working conditions, including the safeguarding of the function of reproduction. The employer must provide (guarantee) such conditions in the labour market to pregnant women, women who have recently given birth or breast-feeding women, which should not be violated with respect to equal opportunities of men and women. The employer must inform pregnant women, women who have recently given birth or breast-feeding women being employed or changing their working place about jobs that are not recommended for women wishing to preserve the reproductive function, ensure that female employees receive all information related to risks to health, as well as implement measures to ensure better safety and health at work for pregnant women, women who have recently given birth or breast-feeding women.

281. On 19 March 2003, the Government of the Republic of Lithuania adopted Resolution No 340 on the approval of the list of hazardous working conditions and dangerous factors for pregnant women, women who have recently given birth or breast-feeding women. The list specifies hazardous working conditions and dangerous chemical, physical, psychophysical (ergonomic) and biological factors for pregnant women, women who have recently given birth or breast-feeding women. In compliance with this list, the employer must establish potential risks of these factors to the safety and health of a pregnant woman, woman who has recently given birth or breath-feeding woman to protect her from dangers. This will help ensure better safety and health at work for a particularly vulnerable group, i.e. pregnant women, women who have recently given birth or breast-feeding women, as well as promote progress in the field of safety at work. The list of dangerous factors and jobs prohibited and unadvisable for pregnant women, women who have recently given birth or breast-feeding women will also be useful for doctors: they will be able to provide information in practice to women wishing to preserve the reproductive function. This will allow the Lithuanian society counting on healthier future generation.

Part 2

a) and b)

282. Article 132 of the Labour Code of the Republic of Lithuania regulates guarantees to pregnant women and employees raising children. Paragraph 1 of this Article provides that an employment contract may not be terminated with a pregnant woman from the day on which her employer receives a medical certificate confirming pregnancy, and for another month after maternity leave, except for the cases specified in paragraphs 1 (1), (2), (3), (4), (6) and 2 of Article 136 of the Labour Code of the Republic of Lithuania: when a court decision becomes effective, or when a court judgement whereby an employee is imposed a sentence, which prevents him from continuing his work, becomes effective; when an employee is deprived of special rights to perform certain work in accordance with the procedure established by laws; upon the demand of bodies or officials authorised by laws; when an employee is unable to perform these duties or work in accordance with an opinion of the medical commission or the commission for the establishment of disability; upon the liquidation of the employer if under laws his labour obligations have not been placed on another person; upon the death of the employer if the employment contract was concluded for the supply of services to him personally, as well as when the employer has no legal successor. Paragraph 2 of Article 132 of the Labour Code of the Republic of Lithuania provides that employment contracts with employees raising a child (children) under three years of age may not be terminated without any fault on the part of the employee concerned.

283. Paragraph 3 of Article 129 of the Labour Code of the Republic of Lithuania provides that a legitimate reason to terminate an employment contract shall not be gender, marital and family status or other grounds specified in the Law. Article 6 of the Law of the Republic of Lithuania on Equal Opportunities establishes that the acts of an employer shall be in violation of equal rights of women and men if he terminates the employment contract because of the person’s gender.

284. The Law of the Republic of Lithuania on Public Service does not contain any discriminatory norms in respect of women. Paragraph 5 of Article 43 of the Law of the Republic of Lithuania on Public Service guarantees the position held for career public servants during a maternity leave or childcare leave until the child reaches the age of three years, and paragraph 5 of Article 44 provides that a pregnant public servant or a public servant during a childcare leave until the child (children) reaches the age of three years may not be dismissed from work, except for the cases specified in the Law of the Republic of Lithuania on Public Service.

285. Public servants are also covered by provisions of the Labour Code of the Republic of Lithuania: the provision of paragraph 1 (3) of Article 146 that part daily working time or part weekly working time shall be set on request of a pregnant woman, a woman who has recently given birth (mother who submits to the employer a certificate of a health care institution confirming that she has given birth, and who is raising her child until the child reaches the age of one year), a breast-feeding woman (mother who submits to the employer a certificate of a health care institution confirming that she is raising and breast-feeding her child until the child reaches the age of one year), an employee raising a child under three years of age, and an employee solely raising a child under 14 years of age or a child with disabilities under 16 years of age; as well as the provision of Article 214 that employees raising a child with disabilities under 16 years of age or two children under 12 years of age shall be granted an additional day of rest per month (or their weekly working time shall be shortened by two hours), and employees raising three or more children under 12 years of age shall be entitled to two additional days of rest per month (or their weekly working time shall be shortened by four hours) and shall be paid the average wage.

286. With the entry into force on 1 January 2001 of the Law of the Republic of Lithuania on Sickness and Maternity Social Insurance (21 December 2000 No IX-110), an insurance period for receiving sickness, maternity, maternity (paternity) benefits was introduced: for sickness, maternity benefits – 3 months within 12 month or 6 months within 24 months; for maternity (paternity) benefit – 7 months within 24 months. A sickness benefit shall be paid from the first day of temporary incapacity until the person recovers his functional capacity or is recognised as disabled. The employer shall pay for the first two days of temporary incapacity; a sickness benefit shall be paid from the budget of the State Social Insurance Fund from the third day of temporary incapacity. It was also provided that insured persons receiving a state social insurance disability pension, who have temporarily lost their functional capacity due to sickness or injury which resulted in the loss of working income, shall be paid a sickness benefit from the budget of the State Social Insurance Fund for a period not exceeding 30 calendar days within a calendar year. At the beginning of 2002, the Law Amending the Law of the Republic of Lithuania on Sickness and Maternity Social Insurance (No IX-709 of 15 January 2002) was passed whereby the period of payment of sickness benefits to insured persons receiving a state social insurance disability pension was extended to 90 calendar days within a calendar year.

287. Women receive a maternity benefit during the period of pregnancy and childbirth – 70 calendar days before childbirth and 56 calendar days after it (in the event of complicated confinement or birth of more than one child – 70 calendar days). This benefit amounts to 100 percent of the compensated wage of the benefit recipient.

288. At the end of 2002 and in the beginning of 2003, the Seimas of the Republic of Lithuania once again amended the Law of the Republic of Lithuania on Sickness and Maternity Social Insurance. The first amendment approximated the provisions of the Law with the provisions of the Labour Code of the Republic of Lithuania which entered into force from 1 January 2003 concerning the payment of a maternity benefit to persons who have adopted a newly born baby or have been recognised as his guardians. The second amendment offered a possibility for persons dismissed from work due to enterprise bankruptcy or liquidation to receive social insurance maternity and maternity (paternity) benefits.

289. Having approximated the Law of the Republic of Lithuania on Sickness and Maternity Social Insurance with the provisions of the Enterprise Bankruptcy Law of the Republic of Lithuania (20 March 2001 No IX-216), it has been established that maternity and maternity (paternity) benefits should be paid to women dismissed from work during pregnancy as a result of enterprise bankruptcy or liquidation, as well as other persons being dismissed from work due to enterprise bankruptcy or liquidation and therefore deprived of a possibility to take a childcare leave until the child reaches the age of one year. From 1 March 2004, pursuant to the Law Amending the Law of the Republic of Lithuania on Sickness and Maternity Social Insurance, a maternity (paternity) benefit paid during a childcare leave until the child reaches the age of one year has been increased from 60 to 70 percent of the compensated wage of the mother (father). A person who is not entitled to receive a maternity (paternity) benefit from the budget of the State Social Insurance Fund shall be paid a benefit in accordance with the Law of the Republic of Lithuania on Benefits to Children.

c)

290. By Resolution No 171 of 6 February 2002, the Government of the Republic of Lithuania approved the Concept of the Social Services Provision Reform. The objective of the Concept is to define further trends of the development of social services that would answer the present day needs and enable to maintain and improve the system of social services in our country, to envisage reforming the financing of social services, implementing procurement models, developing a system of requirements for social services and a mechanism of quality assessment and control. While implementing the reform of the provision of social services, requirements for institutions rendering outpatient social services have been formulated and approved, the description of principles and procedure for identifying the need of an individual for social services has been approved, as well as the Law Amending the Law of the Republic of Lithuania on Social Services has been drafted.

291. With the view of improving the social services infrastructure at community level, encouraging to provide quality social services, increasing their accessibility to social risk families and children, disabled and old people, persons belonging social risk groups, and in accordance with the Social Services Infrastructure Development Programme for 1998–2003 approved by Resolution No 202 of the Government of the Republic of Lithuania of 19 February 1998, the funds allocated for the Social Services Infrastructure Development Programme for 1998-2003 were used to finance development projects of 54 social services institutions in 2000–2003 (amount of LTL 23.15 million). These projects were intended for the disabled, social risk families and children, old persons, adults belonging to social risk groups. Taking into account the necessity to develop the social services infrastructure in Lithuania, by Resolution No 1178 of the Government of the Republic of Lithuania of 18 September 2003 on the approval of the Social Services Infrastructure Development Programme for 2004–2006, the implementation of this Programme was extended until 2006.

292. The reconciliation of family and work responsibilities is facilitated by a possibility to use the services of day care institutions for children (especially for children of pre-school age). According to the data of the Ministry of Education and Science as of July 2004, 660 pre-school establishments were operational in the country, of which 3 – state, 653 – municipal, 1 – private, 3 – community. 57 establishments of them were special (1 – state, 56 – municipal), and 15 establishments were intended for children undergoing treatment. In addition, there were 151 kindergarten-schools in Lithuania, of which 1 – state, 148 – municipal (14 special kindergarten-schools), 2 – private.

Article 12

Part 1

293. In Lithuania, fundamental human rights are enshrined in the Constitution of the Republic of Lithuania providing that all persons are equal before the law, no one’s rights may be restricted nor any privileges may be granted to anyone on the ground of gender, race, nationality, language, religion, social status, etc. The Constitution of the Republic of Lithuania also guarantees civil and political rights, the right to work, education, social security and health care. Every person is entitled to such health care as may be provided by adequate disease preventive and health care measures, as well as a possibility to seek for the best health. Since the life and wellbeing of people vitally depends on good physical and mental state, health is a deciding factor in the capacity of the population to participate in all spheres of public and private life. This right for men and women should be guaranteed their whole life.

294. Non-discrimination in the field of health care includes such areas as family planning and reproductive health in a broad sense, maternity protection, including the safety and health of women at work, the prevention of sexually-transmitted diseases, the promotion of healthy lifestyle, the specifics of women’s health throughout their life-cycle, including specific health problems of older people, the right of both women and men to deal with issues related to gender in a free, responsible manner, without violence, discrimination or abuse.

295. The average life expectancy of women remains longer than that of men. On the average, women live longer than men both in urban and rural areas of Lithuania.

Average life expectancy in Lithuania in 2000-2003

Year	Lithuania	Urban areas	Rural areas
Average	Females	Males	Average	Females	Males	Average	Females	Males
2000	72.19	77.45	66.77	73.35	78.22	68	69.98	76.11	64.56
2001	71.78	77.58	65.95	72.87	78.15	67.23	69.65	76.6	63.7
2002	71.91	77.58	66.21	73.25	78.33	67.71	69.39	76.32	63.54
2003	72.19	77.85	66.48	73.64	78.73	68.06	69.55	76.4	63.76

The average life expectancy at birth is the probability rate indicating the average length of life of every person, provided the mortality rate of every age group of the population during the expected life remains unchanged.

296. Although longer average female life expectancy may not be directly linked with better women’s health indicators, statistical data on mortality by causes confirms higher male mortality rate caused by specific diseases.

Mortality by causes

(Deaths per 100 000 population)

Year	2000	2001	2002
Females	Males	Females	Males	Females	Males
Total number of deaths	947.7	1171.3	1015.8	1325.2	1041.9	1345.9
Causes:
infectious and parasitic diseases	6.4	20.9	6.2	21.4	7.3	20.9
diseases of the circulatory system	606.9	521	657.7	594.6	668.9	615
malignant neoplasms	174.2	248	185.2	268.1	188.3	270.8
diseases of the respiratory system	26.2	60.2	23.7	63.5	28.2	67.3
diseases of the digestive system	29.2	40.3	33.3	50.3	35.8	52.4
external causes	59.2	226.4	63	266	62.5	254.5
other diseases	38.5	46.6	46.7	61.3	50.9	65

The total mortality of men and women per 1000 population is indicated in Table 7 of the Annex to this report, and the children and infant mortality – in Tables 12 and 13.

297. Laws regulating health care do not contain any discriminating provisions. In Lithuania, every person is entitled to the same measures of health protection, including, but not limited to, measures offered in private family planning centres and state health care institutions. Lithuanian health policy is being implemented in accordance with the Programme of the Government of the Republic of Lithuania for 2001–2004.

298. With the development of the network of offices of general practitioners, or family physicians (hereinafter referred to as GPs) in the country, health care services become more accessible for all population, including rural inhabitants. The competence of GPs includes knowledge of the principles of family planning, psychology and assistance during menopause, as well as skills to control the use of contraceptives. GPs may provide women with information about methods of contraception so that they could choose the desirable one.

299. Women insured under the law receive health care services, including family planning services, free of charge.

300. The Committee on the Elimination of Discrimination against Women expressed its concern about the high rate of abortion, limited access to various methods of family planning, including contraceptives, especially among women in rural areas. These problems were also addressed in 2000–2004. Public awareness is raised about modern methods of family planning.

301. According to statistical data, the rate of artificial abortions is annually declining in the country.

Dynamics of artificial abortions in Lithuania*

Year	Per 100 live births	Per 1000 women of childbearing age (15–49 years)	Absolute number
1997	60.1	25.3	22 680
1998	56.9	23.5	21 022
1999	52.1	21.2	18 846
2000	48.1	18.4	16 259
2001	44	15.5	13 677
2002	42.5	14.1	12 495
2003	37.7	12.9	11 513

–––––––––––––––––––––

* Data of the Lithuanian Health Information Centre.

302. However, the attitude towards methods of contraception remains diverse: in 2003, according to the data of “Baltijos tyrimai”, more than half of women in the age group between 15 and 25 (51 percent) did not use any contraception at all. This percentage was lower in other age groups: 19 percent among women aged 26-35, and 32 percent among women aged 35-45. As many as 33 percent of respondents who did not use any contraception could not indicate any specific reason for not preventing pregnancy. According to the results of the survey, only 1 percent of all sexually active Lithuanian women not using contraception would decide to give birth, if became pregnant, and all of those women belonged to the age group between 26 and 35.

These data visually explain why abortions are still frequent in Lithuania.

Use of contraceptive measures in Lithuania in 1999–2003*

Year	1999	2000	2001	2002	2003
Percentage of women of childbearing age who use contraceptives	10.7	11	11.2	12.5	12

* Data from reports of outpatient individual health care institutions.

303. In the health care system, however, an abortion is not officially considered a method of family planning. If an abortion is performed at a woman’s request, she has to pay for it at the rate set in the pricelist of paid services. The cost of an abortion under local anaesthesia is LTL 69.13, under general anaesthesia – LTL 115.22. Abortions performed due to medical indications are compensated from the budget of the Compulsory Health Insurance Fund. Termination of pregnancy of up to 5 weeks may also be performed at outpatient health care institutions.

304. The Committee on the Elimination of Discrimination against Women also noted the high rate of tuberculosis and mental diseases among women. It was remarked that the total incidence of mental diseases among women and men decreased. In 2003, 184 cases of mental diseases were registered per 100 000 population (i.e. 71.4 cases less than in 1998). Though the incidence of these diseases is still higher among women, the rate of tuberculosis among women is half lower. The total incidence of tuberculosis among women and men declined: there were 85.7 cases per 100 000 population in 1998 and the number of cases decreased to 69.76 per 100 000 population in 2002.

305. At present, there are 62 mental health centres in Lithuania, of which 16 are established in cities and 32 – in districts. At the end of 2003, there were 11 mental hospitals with 3 672 beds (10.7 per 10 000 population) in Lithuania. In 2003, individual health care institutions registered 184.7 new cases of mental diseases per 100 000 population. The primary incidence of mental diseases is gradually declining among both men and women. This was conditioned by the fact that the establishment of mental health centres improved access to mental health care services, the quality of provided services and registration. However, the fact that mental diseases still remain a problem is confirmed by steady prevalence, which during the recent four years slightly dropped only in 2003. The prevalence of mental diseases among women is higher than among men: at the end of 2003, 2 782 cases of mental diseases were registered per 100 000 women and 2 479 cases per 100 000 men.

Prevalence and incidence of mental diseases among women and men*

(per 100 000 population)

Year	2000	2001	2002	2003**
Cases of mental diseases	Total	Men	Women	Total	Men	Women	Total	Men	Women	Total	Men	Women
New cases of mental diseases	248	185.5	303	224.4	160.3	276.8	190.1	144.9	229.7	184.7	143	221.4
Total number of cases of mental diseases at the end of the year	2552.7	2605.4	2506.5	2649	2738.7	2570.4	2696.5	1606.2	3652.2	2640.8	2479.4	2782.2

–––––––––––––––––

* Data of the State Mental Health Centre.

** Preliminary data.

306. Incidence among urban and rural population differs. There are more new cases registered in urban areas (214.6 per 100 000 population in 2003) than in rural areas (123.8 per 100 000 population), though slightly higher prevalence among rural population is observed.

Prevalence and incidence of mental diseases among urban and rural population

(per 100 000 population)

Year	2000	2001	2002	2003**
Cases of mental diseases	Total	Urban	Rural	Total	Urban	Rural	Total	Urban	Rural	Total	Urban	Rural
New cases of mental diseases	248	290.2	162.2	222.4	251.3	163.8	190.1	211.8	146.1	184.7	214.6	123.8
Total number of cases of mental diseases at the end of the year	2552.7	2514.8	2629.6	2649	2646.8	2653.6	2696.5	2723.6	2641.8	2640.8	2636.2	2650

–––––––––––––––––-

* Data of the State Mental Health Centre.

** Preliminary data.

307. The dynamics of mental disorders shows the domination of male alcohol and drug abusers. From 2001, the number of registered new cases is declining, although prevalence among population was increasing until 2002 and only in 2003 it slightly decreased – 1993.7 cases per 100 000 population (in 2002 – 2025.8 cases per 100 000 population). The number of alcohol and drug abusers in urban areas is much higher than in rural areas.

Prevalence and incidence of alcohol and drug abuse among men and women*

(per 100 000 population)

Year	2000	2001	2002	2003**
Alcohol and drug abusers	Total	Urban	Rural	Total	Urban	Rural	Total	Urban	Rural	Total	Urban	Rural
New cases of alcohol and drug abuse	93	162.8	31.6	94.7	167	31.2	79.8	140.6	26.4	72.7	125.4	26.4
Total number of alcohol and drug abusers at the end of the year	1992.9	3754.3	445.1	2013.1	3784.3	458.8	2025.8	3807.5	464.2	1993.7	3732.8	469.4

* Data of the State Mental Health Centre.

** Preliminary data.

Prevalence and incidence of alcohol and drug abuse among urban and rural population*

(per 100 000 population)

Year	2000	2001	2002	2003**
Alcohol and drug abusers	Total	Urban	Rural	Total	Urban	Rural	Total	Urban	Rural	Total	Urban	Rural
New cases of alcohol and drug abuse	93	99.2	84.2	94.7	96.7	90.7	79.8	80.8	77.8	72.7	70.6	76.8
Total number of alcohol and drug abusers at the end of the year	1992.9	2226.2	1520.3	2013.1	2248.6	1536.6	2025.8	2270	1533.8	1993.7	2254.5	1469.9

–––––––––––––––––––––

* Data of the State Mental Health Centre.

** Preliminary data.

308. The Ministry of Health pays a lot of attention to tuberculosis prophylaxis and control. The World Health Organisation has recognised the directly observed treatment strategy (DOTS) as one of the most effective measures against tuberculosis. Having implemented observed treatment programmes for tuberculosis patients, in some countries about 90 percent of patients who had contracted pulmonary tuberculosis were cured. Within the framework of the National Programme of Tuberculosis Prophylaxis and Control approved by Resolution No 300 of the Government of the Republic of Lithuania of 13 March 1998, the introduction of this method started in Lithuania in 1998. A new National Programme of Tuberculosis Prophylaxis and Control for 2003-2006 was approved by Resolution No 1611 of the Government of the Republic of Lithuania of 10 October 2002.

309. Successful implementation of the said programmes contributed to reduced incidence of tuberculosis and mortality. In 1998, the incidence of tuberculosis in Lithuania reached a peak in the last decade: 85.7 cases per 100 000 population (in absolute numbers – 3176). In 2001, the incidence of tuberculosis was 74.71 cases per 100 000 population; in 2002, it decreased to 69.76 cases per 100 000 population (in absolute numbers – 2420). The incidence of tuberculosis among children declined from 21.8 cases per 100 000 children (in absolute numbers – 168) in 1998 to 18.9 cases per 100 000 children (in absolute numbers – 129) in 2003. According to the data of the Lithuanian tuberculosis registry, women have active tuberculosis half as much as men (in 2001, 1780 men and 826 women; in 2003 – 1772 men and 804 women).

310. On 25 June 2002, the Minister of Health of the Republic of Lithuania and the Minister of Foreign Affairs of Norway signed an agreement to implement the project “Tuberculosis Prevention and Control in Lithuania through the Implementation of the Directly Observed Treatment Strategy (DOTS)”. This project is financed by the Norwegian Government. The funds of the DOTS project are used to partially compensate for: the difference between the basic prices reimbursed from the budget of the Compulsory Health Insurance Fund and the retail prices of first-line anti-tuberculosis drugs intended for outpatient treatment; food parcels and sanitary packages for patients under directly observed outpatient treatment; travelling costs of patients whose outpatient treatment for tuberculosis is observed by the medical staff to/from the institution; costs of visits of pulmonary disease physicians, pulmonologists, general practitioners, internists, paediatric physicians and general nurses to patients receiving observed outpatient tuberculosis treatment services. Tuberculosis treatment services become better accessible for rural population. The mortality from tuberculosis declined from 11.8 deaths per 100 000 population in 1998 (437 deaths) to 8.26 deaths per 100 000 population in 2003 (286 deaths).

311. For the purpose of stabilising the spread of tuberculosis, the list of serious communicable diseases sick with which persons are considered as covered by compulsory health insurance at the public expense was approved by Order No V-276 of the Minister of Health of 14 May 2003. This list also includes tuberculosis. From the point of view of public safety, it is important for all patients with tuberculosis to undergo treatment irrespective of their social status.

Incidence of active tuberculosis by age groups and sex in 2001–2003 (in absolute numbers)

Age groups	Males	Females	Total
Urban areas	Rural areas	Urban areas	Rural areas
I. 2001 (new cases and relapses )
0–4	4	6	1	3	14
5–14	45	27	27	11	110
15–24	74	33	64	34	205
25–34	152	97	96	38	383
35–44	248	159	121	40	568
45–54	247	150	84	30	511
55–64	168	128	63	27	386
65+	119	123	99	88	429
Total	1057	723	555	271	2606
II. 2002 (new cases and relapses )
0–4	6	5	4	3	18
5–14	43	18	44	16	121
15–24	54	33	62	29	178
25–34	137	90	97	36	360
35–44	223	147	102	35	507
45–54	236	142	78	29	485
55–64	149	110	56	24	339
65+	115	126	90	80	411
Unknown	1	–	–	–	1
Total	964	671	533	252	2420
III. 2003 (new cases and relapses)
0–4	10	6	3	5	24
5–14	26	26	27	26	105
15–24	68	38	71	37	214
25–34	145	97	89	46	377
35–44	220	161	98	41	520
45–54	267	146	73	37	523
55–64	170	124	56	25	375
65+	133	135	104	66	438
Total	1039	733	521	283	2576

312. Within the framework of the National Programme for Equal Opportunities for Women and Men for 2003-2004, specific measures intended for either women or men owing to their specific health differences have been prepared and included in disease (particularly cancer) prevention programmes. To this end, the measures implementing the National Programme for Cancer Prevention and Control for 2003–2010 approved by Resolution No 1593 of the Government of the Republic of Lithuania of 10 December 2003 included the spot screening for cervical and breast cancer. The purpose of this measure is to reduce the incidence of malignant neoplasms among women. The total statistical data on the incidence of malignant neoplasms among women and men is presented in Table 8 of the Annex to this report.

313. The Committee on the Elimination of Discrimination against Women noted insufficient attention to the specifics of a woman’s life-cycle. While implementing the measures of the National Programme for Equal Opportunities for Women and Men for 2003-2004 in the field of health care, 10 information publications about the health of older women and men were prepared for municipal doctors, specialists of county public health care centres and the media in 2003. In response to the recommendations of the Committee on the Elimination of Discrimination against Women, educational activities are also targeted at younger women and girls. Within the framework of the National HIV/AIDS Prevention and Control Programme for 2003–2008 approved by Resolution No 1273 of the Government of the Republic of Lithuania of 14 October 2003, the public is constantly informed about HIV/AIDS and related infections. The Lithuanian AIDS Centre consulted persons having contacts with HIV/AIDS infected persons, their family members. In 2003, a day centre of social integration for the girls of risk groups was opened by the Lithuanian AIDS Centre and successfully operated. The girls attending the centre receive information about sexually transmitted diseases, HIV and AIDS, safe sex, healthy lifestyle, as well as psychological and social assistance.

314. Events of health training and education are organised in Lithuania dedicated to the issues of family health and well-being: mental health strengthening in the family, stress prophylaxis, importance of social and psychological environment in the family, addiction prevention. In 2000, 156 935 health promotional and educational events were organised in counties and municipalities in Lithuania (446.5 events per 10 000 population), 187 303 events were held in 2001 (respectively 446.5 events per 10 000 population), 175 418 events in 2002 (respectively 505.7 events per 10 000 population) and 186382 events in 2003.

315. In 2000, 1 849 health educational events were organised on the topic of women’s health (6.9 percent of all annual health educational events). In 2002, 3 354 events for the newlyweds were organised focusing on the issues of family health, well-being and planning (1.9 percent of all annual health educational events); 9 499 events (lectures, courses, practical sessions) were held at maternity schools.

316. In 2000, 386 health training and educational publications on healthy nutrition were issued and distributed in Lithuanian cities and rural areas, in 2001 – 528 publications, in 2002 – 1 173 publications and in 2003 – 1 750 publications. 459 publications on sexual education and the prevention of sexually transmitted infections and AIDS were published and circulated in 2000, 696 publications in 2001, 1 416 publications in 2002 and 1 824 publications in 2003. A booklet “Woman and HIV” was published and circulated, as well as the following leaflets were prepared and distributed: “Every Woman Needs to Know – about HIV/AIDS”, “Don’t Forget Yourself. Gynaecologist Advises”, “Is it True that Children ‘Eat up’ their Mother’s Teeth?”, “Family Violence”, “A Health Strengthening and Saving Recipe for Women”, “Female Sexual Health”, “Family Planning Methods”, “Human Papiloma Virus may Cause Cervical Cancer”, “Breast Cancer. Need to Know!”, “Do not Delay – Get Checked!”, “Let’s Eat Healthy Food”, “To Avoid Severe Secrets of Love”, “Family Planning Methods”, “Your First Visit to a Gynaecologist”, “The Condom is Back”, “About Childbirth in Brief”. Women leaving the obstetrical unit receive booklets on “Postnatal Depression”, “Physical Activity after Childbirth”, “Addictions and Family”, “Contraceptives” and other literature. In 2003, a booklet on sexually transmitted diseases was prepared. It is intended for the education of rural women. Maternity clinics at primary health care centres constantly prepare and display information stands “Breast Cancer is a Serious Disease, Cured if Early Diagnosed”, “Menopause: How to Overcome Fear“, “Careful: Chlamidiosis”, hold group classes, show videotapes about breastfeeding, normal childbirth, etc. Primary health care and mental health centres distributed information booklets for parents “Children Ask”, “Together with a Child”, “To Parents About Drugs” and “Health ABC”.

317. In 2002, 49.4 percent of all educational health programmes carried out in Lithuania were intended for children of pre-school and school age, their parents, 7.7 percent – for pregnant and breast-feeding women and women raising infants and children under three years of age.

318. According to the results of the research on health knowledge, behaviour and habits of the Lithuanian adult population carried out in 2001, various health events are mostly attended by women (17.8 percent) and considerably rarer by men (8.8 percent).

Part 2

319. In accordance with the Law Amending the Law of the Republic of Lithuania on Health Insurance (No IX-1219 of 3 December 2002) containing the new version of the Law of the Republic of Lithuania on Health Insurance, and Order No 500 of the Minister of Health of 19 November 1999 on payment for individual health care services provided to pregnant women, pregnant citizens and permanent residents of the Republic of Lithuania shall not pay for the health care services provided at municipal and state health care institutions.

320. The number of pregnant women suffering from anaemia is reducing. The data of the Lithuanian Health Information Centre is presented below.

Year	2000	2001	2002	2003
Pregnant women suffering from anaemia (in percentage)	29.1	27.4	28	25.9

321. Some medicines for nutritional anaemia are reimbursed from the budget of the Compulsory Health Insurance Fund in the amount of 50 percent.

322. In 2000–2003, Lithuania implemented the second stage of the Programme for the Improvement of Nutrition of Infants and Children under Three Years of Age approved by Resolution No 1108 of the Government of the Republic of Lithuania of 9 November 1994. This stage, inter alia, was aimed at changing the attitude of parents, doctors and the whole society towards natural feeding of infants, as well as providing information on this issue. A booklet for parents Pradžių pradžia (Beginning of the Beginning), recommendations were prepared, lectures for women were held and booklets were circulated in counties and districts. As a follow-up to the said programme, a Programme for Breastfeeding Protection, Promotion and Support is under preparation. In the second week of October 2003, in commemoration of World Breastfeeding Week, conferences were held in municipal primary health care centres.

323. By Resolution No 754 of 16 June 2004, the Government of the Republic of Lithuania approved the State Mother and Child Programme. The Programme is aimed at reducing the morbidity and mortality rate among pregnant women, women at childbirth and new-born babies, improving their health, developing an efficient and safe health care system for pregnant women, women at childbirth and new-born babies conforming to the Lithuanian conditions and international standards. The Programme identified the main problems in the field of maternal and child health: low birth rate, decrease in the number of children of pre-school age by 38 percent in the period from 1990 to 2003, non-subsiding number of stillbirths, increased infant mortality due to congenital anomalies, etc. The primary goals of the State Mother and Child Programme are to ensure prenatal care, better maternal and infant health care, to co-ordinate in-service training of specialists working in the field of prenatal medicine, to modernise technical and material facilities of health care institutions, to introduce advanced diagnostic and treatment technologies, to develop a system for the analysis and evaluation of maternal and infant health care. Statistical data on births, as well as on infant and children mortality are presented in Tables 12–14 of the Annex to this report.

Article 13

a)

324. In accordance with Law of the Republic of Lithuania on Benefits to Children, the current system of social support covers every child being raised in the family taking into account the age of children and the number of children in the family. Families raising one or two children are paid a monthly benefit in the amount of 0.75 minimum standard of living (MSL) (LTL 93.75) for a child until the age of three years, and this monthly benefit to a child in families raising three and more children amounts to 1.1 MSL (LTL 137.5). The Law has established gradual introduction of a monthly benefit of 0.4 MSL (LTL 50) to children between the ages of 3 and 18 years and older during studies. From 1 July 2004, this benefit is granted to children between the ages of three and seven years in families raising one or two children; in families raising three and more children, this benefit is granted to children under 18 years of age and older during the period of studies, but not longer than until they reach the age of 24 years. Benefits to other children will be paid depending on the financial possibilities of the state, but not later than from 1 January 2009.

325. A child under guardianship is paid a monthly guardianship (curatorship) benefit of 4 MSL (LTL 500) during the period of his guardianship (curatorship) and studies; a child of a serviceman of the initial mandatory military service receives a monthly benefit of 1.5 MSL (LTL 187.5).

326. Families raising children are also paid lump-sum benefits: a childbirth benefit of 6 MSL (LTL 750) on the birth of each child, a benefit of 50 MSL (LTL 6250) for housing to orphans and children deprived of parental care. From 1 July 2004, additional state support is granted to pregnant women and families raising children. A pregnant unemployed woman, who is not entitled to a social insurance maternity benefit under the Law of the Republic of Lithuania on Sickness and Maternity Social Insurance, is granted a lump-sum benefit in the amount of 2 MSL (LTL 250) 70 calendar days before childbirth (upon 28 weeks of pregnancy).

327. From 1 April 2004, the new Law of the Republic of Lithuania on Social Assistance in Cash for Low-Income Families (Persons Residing Alone) entered into force, establishing a uniform system of cash social assistance provided on the basis of the principle of assessment of income and property, guaranteeing minimum means of subsistence for low-income people (to pay for food and basic public utilities).

328. For the purpose of ensuring minimum means of subsistence for low-income people, the Law has established a social benefit which is granted to a family (person residing alone) whose monthly income is below the state supported income (i.e. LTL 135 per family member). It has also established compensations for heating costs, hot and cold water and sewage costs. A family (person residing alone) is allowed paying for the heating of the dwelling maximum 25 percent of its (his) income, less 90 percent of the state supported income for a family (person residing alone), for cold water and sewage during heating and non-heating seasons – maximum 2 percent, and for hot water – maximum 5 percent of its (his) income.

b)

329. Legal acts applicable in the Republic of Lithuania (the Civil Code of the Republic of Lithuania, the Law of the Republic of Lithuania on Financial Institutions (No IX-1068 of 10 September 2002), the Law Amending the Law of the Republic of Lithuania on Credit Unions (No VIII-1683 of 18 May 2000) regulating the activities of banks and other financial institutions do not provide for any credit restrictions on the basis of a person’s sex.

Article 14

Part 1

330. Information on the situation of rural women (especially older rural women), their income, health, access to social and cultural opportunities is submitted in response to the recommendations of the Committee on the Elimination of Discrimination against Women.

331. The income of rural population is roughly one third less than the income of urban households. In addition, the comparative weight of income sources between urban and rural households differs considerably. The earned income of households in urban areas accounted for 71 percent of the total disposable income, while in rural areas – for 63 percent; social benefits amounted to 21 percent in urban areas and even to 32 percent in rural areas. Particularly low income is received by households of persons living on benefits, scholarships and similar receipts (LTL 286) and agricultural households (LTL 330). Furthermore, income in kind constitutes about half of the total income received by the majority of agricultural households. These people survive on their farms, but they are short of cash to purchase the necessities. This is one of the social groups suffering from the most shortage. The Annex to this report presents data about the supply of rural population with conveniences (Table 9), the number and sizes of families (Table 10), the composition of households by type of household (Table 11).

Part 2

332. The Committee on the Elimination of Discrimination against Women requested the Government of the Republic of Lithuania to provide more information on programmes aimed at the economic independence of rural women, ensuring their access to productive resources and capital, as well as to describe measures to provide health care to rural women and measures to satisfy their social and cultural needs. In the period from 2000 to 2004, a package of the said measures was being implemented by carrying out various programmes and projects (for more information, see all points of part 2 of Article 14 and articles relating to health and employment). In addition, problems of older women are addressed through the implementation of Measure 2.3 “Prevention of Social Exclusion and Social Integration” of Priority II of the Single Programming Document of Lithuania for 2004–2006, where older women are identified as a separate target group.

a)

333. The Ministry of Agriculture, in co-operation with the Lithuanian Women Farmers’ Society, organised seminars in municipalities for rural women intending to start up or involved in agricultural or alternative businesses. Seminars were attended by 200 women. Some seminars were designed for leaders of rural communities (30 rural leaders from entire Lithuania participated) and members of the Lithuanian Women Farmers’ Society (26 women participated). The amount of LTL 20 000 was given for those events from the allocations earmarked for the Rural Support Programme.

b)

334. 196 programmes for health strengthening and prevention of diseases and traumas were carried out in Lithuanian cities and rural areas: in 2000 – 196, in 2001 – 110 and in 2002 – 247 programmes. Women in Lithuanian urban areas are constantly informed about breast cancer prevention, children’s health, folk medicine, healthy nutrition, stress and mental health, harm of smoking, alcohol and drugs, personal hygiene, prevention of venereal and other communicable diseases, AIDS prevention, as well as prevention of non-communicable diseases and women’s health in general. Health promotional information is provided to rural women through nurses of rural communities who receive methodical assistance from county public health centres.

335. In Lithuania, a lot of rural population use water from pit wells, also for preparing food for infants. Accidents of poisoning by nitrates and nitrites happen. In accordance with Order No 250 of the Minister of Health of 30 May 2002 on the diagnosis and prevention of nitrite and nitrate poisoning, tests of pit well water used to prepare food for pregnant women or infants under 6 months of age have been initiated in all counties of Lithuania. The results of water tests are presented to users of the examined pit wells, pregnant women, as well as recommendations relating to the use of safe water are given. Having established nitrate concentration exceeding the permitted limit, primary health care institutions are informed thereof. In 2002, 5 682 pit wells were examined, as well as a booklet “If You Drink Water from a Well” was prepared and published. In addition, pit well water testing programmes were continued in counties and rural areas in 2001–2003: “Examination of Pit Well Water Used by Rural School Students and Water Quality Improvement”, “Prevention of Diseases due to Poor Quality Water”, “Quality Control over Pit Wells Used by Children from Socially Vulnerable Families”, “Monitoring of Nitrate Concentration in Pit Well Water”.

336. The measures implementing the National Programme for Equal Opportunities for Women and Men for 2003-2004 in the field of health fare include family planning and reproductive health in a broad sense, maternity protection, including the safety and health of women at work, the prevention of sexually-transmitted diseases, the promotion of healthy lifestyle, specific health problems of older people. While implementing the measures of the Programme, education of rural women was organised on the issues of contraception and protection from sexually transmitted diseases, as well as a booklet on sexually transmitted diseases was prepared in 2003. This booklet was intended for the education of rural women and distributed through municipal doctors at primary health care institutions.

d)

337. The provisions of the National Education Strategy for 2003–2012 approved by Resolution No IX-1700 of the Seimas of the Republic of Lithuania of 4 July 2003 establish that the national and regional development programmes for adult lifelong learning should be implemented, as well as the system of adult education – general education, vocational training, in-service training, vocational information and counselling – should be developed in rural areas. In promoting employment, vocational schools located in rural areas co-operate with the local community, provide possibilities for learning according to non-formal education programmes, as well as implement labour market programmes relevant for the local needs.

338. The Lithuanian Agency for Small and Medium Sized Enterprises provides information, counselling and training on favourable terms in all counties of Lithuania. According to the data presented by the Ministry of Economy, consultations to rural women starting up businesses are provided on favourable terms by the network of business support institutions comprising 32 business information centres (12 centres were established at the end of 2003) and 7 business incubators. It is expected that training and information dissemination events organised by business information centres and business incubators will be attended by some 15 500 entrepreneurs in 2004, some 5 000 hours of consulting services will be provided, over 26 000 inquiries will be responded. Subsidised services were provided to enterprises operating in county centres, towns and rural areas.

339. The National Programme for Equal Opportunities for Women and Men for 2003-2004 pays adequate attention to ensuring an older woman’s full-fledged life. Therefore, the National Centre for Health Promotion and Education prepared information publications for the media about health problems of the population. They focus on the health issues of older people, as well as address specific health problems of elderly women and men.

e)

340. In 2001-2003, the Lithuanian Development Agency for Small and Medium Sized Enterprises carried out the following training and consulting projects/programmes: the Consulting and Training Programme for Representatives of Small and Medium Sized Business (SMB) (2001), the project “Business Development”, the project “Support to Beginning Entrepreneurs” (2002), the project “Enterprise Training and Consulting” (2003). Training was attended by, and consultations were provided to over 2 600 representatives of small and medium sized business, quite a few of which were women. In 2002, within the framework of the project “Support to Beginning Entrepreneurs”, training and consulting services were provided to women as a target group of entrepreneurs, which accounted for 64 percent of all project participants.

341. On 29 August 2003, a round table was organised for women entrepreneurs and women wishing to start their own business; this event was also attended by rural women. Rural women entrepreneurs may also access the web site of the Lithuanian Development Agency for Small and Medium Sized Enterprises at http://www.svv.lt, publishing business related information useful both for women wishing to start their own business and women entrepreneurs.

342. While implementing the measures of the National Programme for Equal Opportunities for Women and Men for 2003-2004, consultations are provided to rural women starting up or involved in agricultural or alternative business. In 2003, the Lithuanian Women Farmers’ Society was granted LTL 20 000 from the allocations of the Rural Support Programme to finance the project “The Woman’s Role in Enhancing Rural Sustainability during Lithuania’s Integration into the European Union”. A cycle of seminars was organised within the project on the following topics: “Upholding Old Traditions and Crafts of Lithuanians”, “A Woman – a Guarantor of Rural Survival”, “Self-help and Self-confidence”. Seminars were attended by 200 women from the districts of Šilutė, Klaipėda, Skuodas, Vilnius, Šalčininkai, Trakai, Kupiškis, Molėtai, Varėna, Šilalė, Joniškis, Plungė, Biržai, Radviliškis and Pasvalys and the counties of Telšiai, Alytus, Kaunas, Vilnius, Panevėžys and Utena. The participants of the seminar learnt about possibilities to start up their own business by developing unconventional crafts, to receive funding from the ES Structural Funds for the development of such business, as well as were informed about the measures of rural infrastructure development. 23 seminars were held so far. Within the framework of this project, particular attention was given to leaders of rural communities, thus organising a three-day seminar “A Woman – a Guarantor of Rural Survival” in Birštonas in October 2004. In October 2003, a seminar was held for active members of the Lithuanian Women Farmers’ Society (26 women) to discuss ethnocultural, unconventional business and support possibilities, as well as to prepare psychologically before entering into a new phase of life – changing jobs, starting up business, etc.

f)

343. In 2002, with the view of drawing attention to rural women and their problems, the Ministry of Agriculture financed from the funds of the Special Rural Support Programme the international conference “Woman’s Role in a Rural Community” organised by the Lithuanian Women Farmers’ Society and the project “Revival of Rural Communities and Planning of their Further Activities”. The two-day international conference “Woman’s Role in a Rural Community” held in the village of Kleboniškis (Radviliškis district) on 8-9 June 2002 was attended by 400 participants. The conference addressed the issues concerning the role of a rural woman in the public life, cultural heritage and other topics. The conference was also attended by women’s delegations from Norway, Poland and Germany.

344. In implementing the project “Revival of Rural Communities and Planning of their Further Activities” financed by the Ministry of Agriculture, consultations of rural communities were organised, the establishment of rural communities was initiated, as well as elders received consultations, seminars for leaders of rural communities were organised. It was discovered in the course of the project that it is important to educate rural communities on the issues concerning their establishment, drawing up of strategic activity plans, as well as to provide them with legal knowledge and to educate on other issues.

h)

345. The IT development project which has been implemented by the Ministry of Social Security and Labour, Kaunas Women’s Employment and Information Centre and the Women’s Issues Information Centre since 2002 is intended to strengthen the skills of women (primarily rural women) in the field of information technologies. Starting from 2004, the Information Society Development Committee under the Government of the Republic of Lithuania supports projects of non-governmental organisations designed for IT development.

346. Postal and courier services are provided at all points in the territory of the country. They are provided to all inhabitants of the country irrespective of their sex or place of residence. According to the data of 31 December 2003, postal services in the system of the State enterprise Lietuvos Paštas were provided by 945 post offices – 10 central post offices of counties, 935 post offices (of which 222 – in urban areas and 713 – in rural areas), 6 mobile post offices and 10 postal agents (of which 4 – in urban areas and 6 – in rural areas). In addition to the State enterprise Lietuvos Paštas, postal and courier services are also provided by 67 service providers which have been issued authorisations by the Ministry of Transport and Communications for postal and/or courier activities.

347. Electronic communications services are provided to the population in the territory of Lithuania irrespective of their sex. According to the data of the Communications Regulatory Authority, mobile communications were used by 60.9 percent of the population at the end of 2003. According to the data of the Department of Statistics under the Government of the Republic of Lithuania, mobile communications were used by 37.1 percent of rural households in the first quarter of 2003 (Press release of the Department of Statistics under the Government of the Republic of Lithuania “Use of Information Technologies by Households in the First Half of 2003”, 10 July 2003). Today the mobile telephone network covers over 99 percent of the entire territory of the country. This provides excellent conditions for mobile internet nearly in the entire territory of Lithuania. A decrease in fixed telephone lines has been recently observed. This is partly a result of a rapidly developing mobile communications market. According to the data of the Communications Regulatory Authority, there were 24 fixed telephone lines per 100 inhabitants at the end of 2003; 31.38 percent of all fixed telephone lines were installed in rural areas; the number of pay-phones per 1 000 rural inhabitants amounted to 0.504 (the minimum number (0.5) is established by the Rules for the Provision of Universal Telecommunications Services approved by Resolution No 699 of the Government of the Republic of Lithuania of 3 June 2003).

348. Considerable attention was paid to the development of networks for broadcasting programmes of the Lithuanian National Radio and Television to enable the population to watch these programmes in the entire territory of the country. In 2003, the Strategy for the Assignment of Radio Frequencies for Broadcasting and Transmitting Radio and Television Programmes as well as measures ensuring the reception of programmes of the Lithuanian National Radio and Television throughout the entire territory of the Republic of Lithuania were worked out and approved by resolutions of the Government of the Republic of Lithuania (Resolution No 376 of the Government of the Republic of Lithuania of 27 March 2003 and Resolution No 1238 of the Government of the Republic of Lithuania of 7 October 2003 respectively).

349. In 2003, there were 4 national television networks and 11 national radio networks operational in Lithuania; programmes were broadcast by 108 television and 184 radio stations. A part of these stations broadcast local and regional programmes that can be watched by the majority of the Lithuanian population. The fifth national television network is being formed.

350. Cable television networks were further developed – in 2003, 68 cable television networks were operational; their services could be used by approximately 260 000 subscribers.

351. According to the data of the Department of Statistics under the Government of the Republic of Lithuania, 20 percent of households had personal computers at home in the third quarter of 2003: in urban areas – 27 percent, in rural areas – 7 percent. In five major cities, every third household, on the average, had computers at home. In the third quarter of 2003, the internet was used at home by 7.7 percent of households. Every third household in the major cities had access to the internet at home, and one in a hundred in rural areas. According to the results of household surveys, in 2002, the internet was used at home by 4.1 percent, in the first quarter of 2003 – by 6.2 percent of all households (Press release of the Department of Statistics under the Government of the Republic of Lithuania “Use of Information Technologies by Households in the Third Quarter of 2003”, 3 December 2003).

352. With the view of encouraging the use of the internet in Lithuania, thereby improving the standard of life of the population and enhancing the competitiveness of the country in Europe and in the world, the project “Window to the Future” is being implemented with joint efforts of business and governmental institutions. It is aimed at achieving the average internet penetration in the European Union within three years. 172 public internet centres in all are already operational in Lithuania within the framework of the project “Window to the Future”. Financing for the establishment of these centres is foreseen from the State budget of the Republic of Lithuania. Almost half of the centres within the project “Window to the Future” are established in small settlements with the population of 400-4 500 persons. In all, the project “Window to the Future” has already established its centres in 58 municipalities of Lithuania. In 2003, it financed and organised internet courses for the population. Within a period of 7 months of the project implementation, basic internet courses were heard by 20 000 Lithuanian inhabitants, of which 80.06 percent – women, 13.84 percent – rural population.

353. The measures of the National Programme for Equal Opportunities for Women and Men for 2003-2004 are aimed at providing women with information, knowledge and skills, thereby encouraging them to involve themselves in dealing with environmental problems, to ensure better information of the public, especially women, about the environmental status of a particular place of residence and its changes, to carry out ecological educational programmes of associations and women’s organisations. A network of women’s organisations actively involved in the field of environmental protection is being created.

Article 15

Parts 1, 2 and 3

354. Codes and laws regulating judicial proceedings lay down the provision that all disputes are resolved in courts on the basis of the principle of the equality of all persons before the law. No one may be discriminated in judicial proceedings on the ground of gender, age, social status or any other ground. It is noteworthy that legal acts regulating judicial proceedings do not provide for any different legal status of either applicants, plaintiffs, defendants, witnesses or other participants of judicial proceedings on the basis of a person’s sex. With the entry into force of the Civil Code of the Republic of Lithuania on 1 July 2001, the regulation of most civil legal relationships became more thorough, new legal institutions, classes of contracts were introduced, etc.

355. Article 2.5 of the Civil Code of the Republic of Lithuania provides that, on attaining full age, i.e. when a natural person is eighteen years of age, he, by his acts, shall have full exercise of all his civil rights and shall assume civil obligations (active civil capacity. Where the law provides for the possibility of a natural person to enter into marriage before he is eighteen, the person, who has not yet come of the given age, shall acquire full active civil capacity at the moment of entering into marriage. If at a later date this marriage is dissolved or nullity of marriage is declared for reasons not related to the age of the parties to marriage, a minor shall not loose his full active civil capacity. It is noteworthy that restrictions on the passive or active civil capacity may not be imposed on anyone in any other manner except by express provision of law. Transactions, acts of public or municipality institutions or officials, which impose restrictions on the passive or active civil capacity, are deemed to be null and void except in cases where the said transactions or acts are prescribed by law. These provisions are laid down in Article 2.6 of the Civil Code of the Republic of Lithuania.

356. Article 2.7 of the Civil Code of the Republic of Lithuania provides that contracts on behalf and in the name of minors under fourteen years of age shall be concluded by their parents or guardians. Upon entering into contracts and enforcing them, parents or guardians shall have to act exceptionally in the interest of minors. Minors under fourteen years of age shall enjoy the right to enter alone into contracts to meet their ordinary and usual needs, conclude contracts aiming at gratuitous personal gain, as well as conclude contracts related to the use of their own earnings or money provided by their legal representatives or other persons if the said contracts fail to have a prescribed notarial or any other specific form. Minors over fourteen and under eighteen years of age shall enter into contracts with the consent of parents or guardians. Contracts concluded without the consent of legal representatives shall be deemed valid if the consent of the legal representative is given after the contract has been concluded. These minors shall also have the right to dispose of their income and property acquired for that income, implement copyright to their works, inventions, industrial design as well as the right to enter into small transactions alone to meet their ordinary and usual needs.

357. Article 2.9 of the Civil Code of the Republic of Lithuania provides for the institution of the emancipation of minors. Where a minor is sixteen years of age the court may emancipate him after his parents, guardianship (care) institutions, his curator or he himself have filed a declaration to that effect with the court if there are sufficient grounds to believe that he may exercise all civil rights and discharge his obligations alone. In all cases, a minor has to give his consent to be emancipated. The court may annul the minor’s emancipation on the request of his parents, curator or guardianship (care) institutions in the event that exercising his rights and discharging his obligations a minor causes damage to his own or other persons’ rights or lawful interests.

358. Article 2.11 of the Civil Code of the Republic of Lithuania lays down a provision that where a natural person abuses alcoholic beverages, drugs, narcotic or toxic substances, the court may impose limitations on his civil capacity irrespective of sex, age or other circumstances. Upon the imposition of limitations on the person’s capacity, he shall be placed under curatorship. It should be noted that the Civil Code of the Republic of Lithuania links limitations on active civil capacity with the abuse of certain substance. In this case, the fact of use is relevant rather than the person’s sex or other features. Where the reasons for which limitations were imposed on the person’s civil capacity are no more valid, the court shall lift the limitations on the person’s capacity.

359. One of the main ways and means of participation in civil legal relationships is the formation of contracts. Book Six of the Civil Code of the Republic of Lithuania regulates obligations, principles of formation of contracts, classes and peculiarities of separate contracts. Article 6.156 of the Civil Code of the Republic of Lithuania established the principle of freedom of contract. This means that parties shall be free to enter into contracts and determine their mutual rights and duties at their own discretion; the parties may also conclude other contracts that are not established by this Code if this does not contradict laws. It should be noted that it shall be prohibited to compel another person to conclude a contract, except in cases when the duty to enter into a contract is established by laws or a free-will engagement. The conditions of a contract shall be established by the parties at their own discretion, except in the cases where certain conditions of a contract are determined by the mandatory rules of law. Where some conditions of a contract are regulated neither by laws nor by agreement of the parties, in the case of a dispute such conditions shall be determined by a court on the basis of usages, principles of justice, reasonableness and good faith, also by application of analogy of statutes and the law.

360. Book Four of the Civil Code of the Republic of Lithuania regulating the rights of ownership, possession, use, trust and other real rights does not provide for any discriminatory grounds on which the right of participants in civil legal relationships to acquire things in ownership, to use them and alike would be restricted on the basis of the subject’s sex. The provisions of Book Four of the Civil Code of the Republic of Lithuania associate the acquisition and exercise of real rights with criterion not dependent on a person’s sex. For instance, grounds for the acquisition of ownership right as provided in Article 4.47 of the Civil Code of the Republic of Lithuania, i.e. acquisitive prescription, contracts, inheritance, etc., are not associated with the sex, nationality, race of participants in civil legal relationships or other circumstances. Pursuant to Article 4.93 of the Civil Code of the Republic of Lithuania, the owner’s rights are also protected irrespective of his sex and alike.

361. Article 1.80 of the Civil Code of the Republic of Lithuania provides that any transaction that fails to meet the requirements of mandatory legislative provisions shall be null and void. Article 1.81 of the Civil Code of the Republic of Lithuania provides that a transaction that is contrary to public order or norms of good morals shall be null and void. This means that transactions satisfying the said conditions shall not create the civil legal effects intended by forming those transactions. For instance, Article 3.105 of the Civil Code of the Republic of Lithuania provides that conditions stipulated in a marriage contract shall be null and void if they: contradict the mandatory legislative provisions, good morality or public order; change the legal regime in respect of the individual property of one of the spouses or in respect of their joint community property (Articles 3.88 and 3.89 of the Civil Code of the Republic of Lithuania) where the matrimonial legal regime the spouses have chosen provides for joint community property; prejudice the principle of equal parts in joint community property enshrined in Article 3.117 of the Civil Code of the Republic of Lithuania; restrict the passive or active legal capacity of the spouses; regulate the personal relations of the spouses unrelated to property; establish or change the personal rights and duties of the spouses towards their children; limit or annul the right of one (or both) of the spouses to maintenance; limit or annul the right of one (or both) of the spouses to bring legal proceedings in court; change the procedure and conditions of succession in property.

362. Articles 2.12–2.17 of the Civil Code of the Republic of Lithuania regulates in detail the issues of domicile of natural persons. It should be noted that the domicile of a married person shall not depend on the domicile of his spouse. Hence, the fact of entering into marriage does not automatically change the domicile of one (or both) of the spouses. In addition, legal norms regulating family relations do not associate family relations with the necessary living of the spouses in the same domicile. However, the domicile of one of the spouses is the fact, which may be taken into consideration in establishing the domicile of the other spouse.

363. The domicile of minor natural persons shall be deemed to be the domicile of their parents or guardians (curators). Where the parents of a minor natural person fail to have a common domicile, the domicile of the minor shall be deemed to be the domicile of that parent with whom the minor resides most of the time, unless the court has established the domicile of the minor with one of his parents.

364. The provisions of the Civil Code of the Republic of Lithuania regulating the issues of the domicile and residence of a natural person apply irrespective of the person’s sex, race, nationality, family status or other circumstances. It is noteworthy that only the place of residence of minors and legally incapable persons depends on the place of residence of their parents, guardians or curators. This is aimed at protecting the interests of persons who are not able to exercise or protect their rights alone properly.

Part 4

365. Article 3 of the Law of the Republic of Lithuania on the Legal Status of Aliens (No IX-2206 of 29 April 2004) provides that aliens in the Republic of Lithuania shall be equal before the law, irrespective of their gender, race, nationality, language, origin, social status, religion, convictions or views. Article 24 provides that a permit of residence in the Republic of Lithuania shall entitle an alien to reside in the Republic of Lithuania, to choose and change a place of residence in the Republic of Lithuania, depart from and re-enter the Republic of Lithuania during the period of validity of the residence permit, making no distinction between women and men as regards the application of the article, and ensuring for both genders equal rights to use the law, to move and freedom to choose their residence or domicile.

Article 16

Part 1

366. Taking into account the specific features of family relations, which determine the particularities of regulating such relations, the legal rules governing family relations have been included into a separate third book of the Civil Code of the Republic of Lithuania. One of the peculiarities of family relations is that they are not fully regulated by the law. Some aspects of family relations are of an exceptionally private nature, therefore any intervention by legislators is not to be tolerated. Not all family relations are legally governed. Some family relations based on mutual confidence and respect are regulated by moral norms, traditions, etc. The law regulates family relations only to the extent that is necessary to protect the public interest, also to protect the property rights and personal non-property rights of parties to family relations, in particular those of children. It should be noted that the new Civil Code of the Republic of Lithuania expands the field of family relations where non-mandatory legal rules are applied and where parties to family relations can regulate their relations by mutual agreement: contract of marriage, contract in respect of the consequences of divorce, etc.

367. Yet another peculiar aspect of family relations relates to the fact that a significant part of the legal rules governing such relations are mandatory. This is predetermined by the nature of family relations, some of which are public to a certain extent. In an effort to protect the public interest, the state regulates some relations on a mandatory basis and does not allow parties to family relations to change such regulations by mutual agreement (e.g. the duty of bringing up children, the duty of each of the spouses to support one another in moral and material terms, to make mutual contribution to satisfy family needs, and so on), while some of the family relations develop only on the basis provided for by the law or are sanctioned by the state.

368. The new Civil Code of the Republic of Lithuania regulates many new institutions relating to the family law: contract of marriage, separation, registration of marriage formed subject to the procedure established by the Church (confessions), living together of persons not married, and other institutions that were not regulated by the previous Marriage and Family Code. In addition, many of the family relations are regulated in greater detail (in particular, matrimonial property relations).

369. Article 3.3 of the Civil Code of the Republic of Lithuania states that in the Republic of Lithuania the legal regulation of family relations shall be based on the principle of monogamy. It means that polygamy is prohibited. Marriage is possible only between persons who have not entered into any other marriage relationship or who have not registered any other partnership. This rule also applies in respect of a registered partnership. The laws of the Republic of Lithuania do not provide for any exemptions from this rule.

a)

370. The Civil Code of the Republic of Lithuania, wherein the principle of equality among parties to civil relationships is embodied, provides for equal rights to marriage for both men and women. Most importantly, all persons who have expressed a wish to marry have to conform to the essential conditions of forming a marriage, which are the same for all natural persons. Both men and women must have full legal capacity, have attained the required legal age of consent to marriage (or have the legal age of consent to marriage reduced by a court decision), etc. Article 3.7 of the Civil Code of the Republic of Lithuania states that marriage is a voluntary agreement between a man and a woman to create legal family relations executed in accordance with the procedure provided for by the law. A man and a woman who have registered their marriage in accordance with the procedure provided for by the law are deemed to be spouses.

371. In conformity with Articles 3.298–3.304 of the Civil Code of the Republic of Lithuania, all marriages have to be registered in a registration office. A marriage record and a certificate of marriage issued on its basis are proof of marriage.

372. A religious marriage is formed in accordance with the procedure established by the internal law (canons) of a respective religion. The formation of marriage in accordance with the procedure established by the Church (confessions) shall entail the same legal consequences as those entailed by the formation of marriage in a registration office, provided that: the conditions for contracting a marriage laid down the Civil Code of the Republic of Lithuania have been satisfied (conditions concerning age, gender, legal capacity, etc.), the marriage has been formed in accordance with the procedure established by the canons of a religious organisation registered in and recognised by the Republic of Lithuania, and the formation of marriage in accordance with the procedure established by the Church (confessions) has been recorded at a registration office as provided for on Book Three of the Civil Code. Where these conditions are not satisfied, a marriage formed in accordance with the procedure established by the Church does not entail the consequences provided for in the Civil Code of the Republic of Lithuania.

373. The formation of marriage is registered in a civil registration office located at the place of residence of one of the spouses or their parents, and also in Lithuania’s consular posts. Persons intending to marry must file in person an application of a standard format with the registration office located at the place of residence of either of them or of that of their parents, chosen at their own discretion. The application for the registration of marriage becomes null and void if at least one of the applicants fails to arrive for the registration of marriage or withdraws his or her application. The marriage is registered no sooner than after a month from the day of filing the application for the registration of marriage. At the request of the future spouses and in the event of important reasons, the head of the registration office has the right to register the marriage earlier than a month after the day of filing the application. The filing of an application for the registration of marriage is made public at the registration office no later than two weeks before the day of the registration of marriage. Before the registration of marriage, the official of the registration office must check once again if all the conditions laid down in the Civil Code of the Republic of Lithuania for contracting a marriage have been fulfilled. After the marriage is recorded, the spouses are issued a marriage certificate.

374. If a marriage has been formed in accordance with the procedure established by the Church (confession), within ten days of the marriage a person authorised by the respective religious organisation must present to the local registration office a notification, in the form established by the Ministry of Justice, about the religious marriage solemnised in the procedure set by the Church (confession). Having received a notification of a religious marriage, the registration office makes a record of the marriage and issues a marriage certificate. In such a case, the marriage is considered to be contracted on the day of its registration in accordance with the procedure established by the Church. If the registration of marriage in accordance with the procedure established by the Church is not reported to the registration office within the set time limit, the marriage is considered to have been contracted on the day when it was registered in the registration office.

b)

375. The principle of voluntary marriage embodied in Article 3.3 of the Civil Code of the Republic of Lithuania is one of the basic legal principles governing family relations. This principle is specified in Article 3.13 of the Civil Code of the Republic of Lithuania, which states that marriage shall be contracted by a man and a woman of their own free will. Any threat, coercion, deceit or any other violation of free will provide the required grounds for declaring the marriage null and void. Article 3.38 of the Civil Code of the Republic of Lithuania states that a marriage formed in violation of the conditions set for the formation of marriage may be declared null and void on the basis of an action filed by the spouse who did not express his or her own will or by a public prosecutor. Where a spouse who did not express his or her own will is a minor, an action may be filed by his or her parents, guardians or trustees, or by a state institution for the protection of children’s rights.

376. Article 3.40 of the Civil Code of the Republic of Lithuania states that the nullification of marriage may be sought by a spouse if he or she has entered into the marriage under threat, duress or fraud. A spouse who gave consent to marriage due to an essential mistake may seek its nullification. The mistake is presumed to be essential if it concerns the circumstances related to the other spouse, the knowledge of which would have been a sufficient reason for not contracting marriage. The mistake is presumed to be essential if it concerns the state of health or sexual abnormality of the other spouse which makes the usual family life impossible or if the other spouse has committed a serious crime.

c)

377. The equality of spouses is a general principle of the civil law embodied in Article 1.2 of the Civil Code of the Republic of Lithuania, which is implemented in the family law. Paragraph 5 of Article 38 of the Constitution of the Republic of Lithuania states that spouses shall have equal rights in the family. This principle means that both spouses have equal property and personal non-property rights and that any discrimination on the grounds of gender is prohibited. Paragraph 2 of Article 3.26 of the Civil Code of the Republic of Lithuania states that spouses have equal rights and equal civil liability in respect of each other and their children in matters related to the formation, duration and dissolution of marriage.

378. The equality of spouses means the prohibition of any discrimination. Therefore, a spouse does not have more rights or duties than the other spouse. A spouse may not have more rights than the other spouse in respect of their children and joint assets; the same conditions concerning the dissolution of marriage are set forth in relation to wife and husband; the regulation of the status of a spouse may not be differentiated on the grounds of gender. The principle of equality requires that all matters relating to family life (use of family funds, performance of household duties, acquisition of things, family planning, upbringing of children, etc.) should be resolved not unilaterally but by mutual agreement of both spouses. It is only in exceptional cases that the law provides for the interference of state institutions into the settlement of such matters. For example, the dispute between spouses over the surname of their child is resolved by court.

379. Spouses have equal rights and equal civil liability in respect of each other and their children concerning matters related to the formation of marriage, its duration and dissolution. They may not relinquish their rights or duties that arise under the law as a consequence of marriage. It means that both spouses must support each other in moral and material terms, make a contribution to satisfy family needs, and so on. Both spouses have the right and duty to bring up and maintain children.

380. The principle of equality is not violated by the fact that the material input of spouses into the performance of such duties may be different, e.g. one of the spouses has a job, while the other takes care of their children, etc. The principle of equality requires that each of the spouses contribute to the performance of family duties according to his or her capacity and it does not mean that both of them must make an equal material contribution. The equality of spouses is specified in many provisions of the Civil Code of the Republic of Lithuania: the same age for marriage has been fixed for both men and women, the spouses have equal rights and civil liability in respect of each other and their children concerning all matters of family life, they have equal rights and duties in respect of supporting each other in moral and material terms and making a contribution to satisfy family needs, it is presumed that both spouses hold an equal portion in joint matrimonial assets, the father and the mother have equal rights and duties in respect of their children, and so on.

d)

381. The principle of priority of protecting and safeguarding the rights and interests of children means that when resolving any issue relating to children either in the family or in court or any other institution, it is the interests of a child that have to be primarily taken into account and complied with. The following provisions shall define this principle: in the cases provided for by the Civil Code of the Republic of Lithuania, it is possible not to declare a marriage null and void or to terminate a marriage if it violates the interests of a child; the nullification of marriage between parents does not affect the legal status of a child; those conditions of a contract of marriage that violate the interests of a child are considered to be null and void; when resolving legal disputes of a family, the court must take adequate measures to protect the child; the court may issue an usufruct order and allow a spouse to remain in the dwellings owned by the other spouse if their minor children live with him or her; the separation of spouses is approved taking into account the interests of a child; immovable family assets may be transferred or the rights thereto restricted only with a court permission; where spouses have children who are minors, the court may derogate from the principle of equal share of spouses in joint assets taking into account the interests of a child; matters related to the acknowledgement of paternity or paternity affiliation are resolved taking into account the interests of a child; property which belongs to children must be managed and used only in the interest of children; adoption is allowed only in the interest of a child.

382. The principle of upbringing children in a family means that living with his or her parents and being cared by them is in the best interest of a child. This principle must be taken into account when considering the nullification or dissolution of marriage between a child’s parents, their separation, or acknowledgement, contest or affiliation of paternity. Where a child has no parents, priority is given to those forms of guardianship that ensure the best the creation of family surroundings. In the case of adoption, priority shall be granted to those who can ensure the upbringing and education of a child in a family. It should be attained that siblings are not separated and that they are ensured a possibility to communicate with their close relatives, and so on.

383. The principle of a comprehensive protection of motherhood means that the law provides for a number of privileges to pregnant women and to parents who are raising children so that the required conditions are created for them to raise and bring up children in a family. This principle also means that when resolving family disputes priority is given to the rights of biological parents where it does not infringe on the rights and interests of a child.

384. The regulation of family relations is also based on other principles of the legal regulation of civil relationships (fairness, justice, soundness, legitimate expectations, proportionality, prohibition to abuse rights). Family laws and their application must ensure the consolidation of family and its role in society, mutual responsibility of family members for preserving the family and for upbringing their children, the possibility for each member of the family to exercise his or her rights in an appropriate manner and to protect the children of minor age from the undue influence of other members of the family or other persons as well as from any other such factor.

385. Two persons of different gender having formed a marriage on their own free will create family relations as the basis for their common life. Spouses may not waive, by mutual agreement, their rights or extinguish their duties that arise from a marriage. Article 3.30 of the Civil Code of the Republic of Lithuania states that spouses must maintain and bring up their children of minor age, care for their education and health, ensure a child’s right to privacy, his or her personal immunity and freedom, the child’s property, social and other rights laid down in both national and international law.

386. After the birth of a child, the spouses acquire a new legal status – that of parents. It means that they acquire new rights, duties and responsibilities. Property rights and personal non-property rights that the spouses have in respect of their children were specified above. It should be noted that both spouses have equal rights and duties related to the upbringing and maintenance of their children. In addition, neither of the spouses has a right to relinquish those rights and duties in respect of their children which are provided for by the law. Such relinquishment of rights is null and void. For example, neither the mother nor the father has the right to refuse the maintenance of their minor children.

387. Article 3.156 of the Civil Code of the Republic of Lithuania states that the father and the mother have equal rights and duties in respect of their children. It should be noted that parents have equal rights and duties in respect of their children irrespective of whether the child was born to a married or unmarried couple, after divorce or judicial nullification of the marriage or after separation. Parental authority is created immediately after the birth of a child and it ends when the child attains full age or when the child is emancipated or where parental authority is restricted. Parental authority is first and foremost an expression of relations between parents and children and the principle of equality of both parents which cannot change until the child attains full age. Therefore, even those parents who do not live together retain their rights and duties in respect of children: they have to agree on the conditions of equal implementation of parental authority and both are equally responsible for maintaining and upbringing the child, creating adequate conditions for his or her development as well as the negative consequences of the implementation of parental authority.

388. In the event of unfavourable circumstances due to which the mother or the father cannot live together with a child or take care of him or her, the court may decide to separate the child from the parents (or from either of them). However, it does not mean that the parents have renounced their duties in respect of children or try to evade such duties. Where the parents fail to perform their duties in respect of children or perform such duties to the detriment of the interests of the child, parental authority is restricted, but even in this case the duty to maintain minor children is retained.

389. The principle of equality of parental authority embodied in Article 3.156 of the Civil Code of the Republic of Lithuania does not distinguish between the rights and duties of a child’s mother and father. Both parents bear joint and equal responsibility for the upbringing and care of their children. Therefore, all matters related to raising, upbringing and maintaining children as well as other similar issues must be resolved by mutual consent of both parents, taking into account the interests of a child. Where one of the parents takes care of the child and the other parent keeps a job to maintain the family, both parents are nevertheless responsible for the child’s upbringing and care. If a child lives with one of the parents, matters relating to his or her upbringing and maintenance have to be resolved by mutual consent. If the parents are separated and cannot come to an agreement with respect to a child’s upbringing and care, one of the separated parents may apply to court to determine the procedure of his or her communication with the child. The court shall resolve the matter, taking into account the child’s interests and providing the father or the mother who lives separately from the child with an opportunity to participate to a maximum extent in the upbringing of a child. The extent of such communication may be minimised only in the event that it has been determined that extended contacts affect negatively the interests of the child.

390. In those cases when the parents who live together do not agree on the rights and duties in respect of their children, either of the parents may apply to court to resolve the dispute. It should be noted that in this case, the participation of a state institution for the protection of children’s rights is required in court proceedings. After having examined the family environment, the state institution for the protection of children’s rights has to present its conclusions concerning the dispute. When resolving the dispute, the court must take into account not only these conclusions, but also the wishes of the child (where they do not contravene his or her interests) and other evidence provided by the parties.

391. It should be noted that in all the cases when resolving disputes concerning the upbringing and education of a child, the creation of adequate conditions for his or her development and also in the event that the court has to resolve a dispute concerning the implementation of parental authority between parents who live either together or are separated, it is the interests of the child that have to be taken into account. The interests of a child are protected when conditions are created for his or her full-scale and harmonious development which prepare a child to live independently in society, also which ensure his or her health, harmonious physical and mental development and an upbringing that is acceptable to society (Article 3.155 of the Civil Code of the Republic of Lithuania).

e)

392. It has been mentioned that the formation of marriage does not restrict the passive and active capacity of spouses both of whom have equal rights, i.e. no one has more rights than the other. It inter alia means that no one of the spouses is granted the right to unilaterally resolve family planning issues and decide how many children to have and when to have them. It should be noted that in those cases when the spouses have concluded a marriage contract, those clauses which restrict the passive and active capacity of the spouses and regulate their personal non-property relations shall be null and void – the contract of marriage may regulate only property relations between the spouses, i.e. relations concerning the legal regime of matrimonial assets, the management of such assets, mutual maintenance, division of assets and so on.

f)

393. A natural person who is incapable of exercising, protecting and defending his or her rights and legitimate interests in an appropriate manner must be provided with the required conditions to do so. Guardianship and trusteeship are the means which help to ensure the exercise of rights of legally incapable persons and persons with limited legal capacity, to create a proper environment for satisfying their economic, social and other legitimate interests. The equal rights of both – men and women – to be guardians or trustees or adoptive parents are based on a common principle of civil legal relationships, i.e. the principle of equality.

394. Article 3.238 of the Civil Code of the Republic of Lithuania states that guardianship is established with the aim of exercising, protecting and defending the rights and interests of a legally incapable person. Article 3.239 of the Civil Code of the Republic of Lithuania states that trusteeship shall be established with the aim of protecting and defending the rights and interests of a person with limited legal capacity. Guardianship (trusteeship) of children has the objective of ensuring the upbringing and care of a child in an environment where he or she could grow up and develop safely and properly.

395. Guardianship is established for full-age children who have been declared incapable by the court due to mental illness or imbecility, also for minors of up to 14 years of age who are deprived of parental care for certain reasons (a child has been separated from the parents or parental authority has been restricted in accordance with the law, etc.)

396. Trusteeship is established for the following natural persons: full-aged persons who have been declared of limited legal capacity by the court due to abuse of alcoholic beverages, drugs, narcotic or toxic substances; minors between 14 and 18 years of age who have been deprived of parental care for certain reasons (parental authority has been restricted, the child’s parents have died, and so on); legally capable persons who cannot exercise their rights or duties independently for health reasons.

397. It should be noted that according to paragraph 3 of Article 3.242 of the Civil Code, only a legally capable natural person may be designated a guardian or a trustee provided that he or she gives a written consent to this effect. When designating a guardian or a trustee, account must be taken of the person’s moral and other qualities, his or her capability of performing the functions of a guardian or trustee, relations with the person in respect of whom guardianship and trusteeship is established, the guardian’s or trustee’s preferences and other relevant circumstances. It is also important that persons who wish to become guardians or trustees must undergo a medical examination and present a certificate that they do not suffer from the illnesses indicated in Order No. 386 by the Minister of Health of 17 July 2001 (chronic alcoholism, drug addiction, AIDS, mental diseases, etc.). It depends on the above-mentioned circumstances if favourable conditions will be created to realise the objective of guardianship and trusteeship in a proper manner: create the required environment for the protection and defence of the rights and interests of those under guardianship or trusteeship.

398. It should be noted that the provisions of the Civil Code of the Republic of Lithuania regulating the basis and procedure for appointing guardians and trustees as well as the requirements applied to such persons do not, either directly or indirectly, make any differences or preferences in respect of men or women. Any person who meets the objective criteria mentioned above may, upon his or her written consent, become a guardian or trustee of a legally incapable person or a person with limited legal capacity.

399. Given that the protection of children’s rights is one of the basic principles of regulating family relations, article 3.248-3.279 of the Civil Code of the Republic of Lithuania regulate the issues of children’s guardianship and trusteeship in a much more detailed manner than the guardianship and trusteeship of full-aged persons. The objective of child guardianship and trusteeship is to appoint a person whose duty it will be to take care of the child’s rights and interests, to provide the child with living conditions that are adequate for his age, state of health and level of development, and also to prepare the child for independent life in family and society.

400. Article 3.249 of the Civil Code of the Republic of Lithuania provides for the principles of establishing child guardianship and trusteeship. The interests of a child must be taken into account first and foremost when establishing guardianship and trusteeship. Second, priority in becoming the child’s guardians or trustees must be accorded to his or her close relatives (grandparents, brothers, sisters). This principle may be not complied with where it is not in the child’s best interests. Third, guardianship should be sought in a family, not a children’s care institution. Child guardianship in a family may not involve more than 5 children placed under guardianship in a natural family environment (the total number of children in family including the parent’s natural children may not exceed 5, except for cases where siblings cannot be separated). This principle seeks to create an environment for a child, which would be close to a family environment. Fourth, when establishing guardianship or trusteeship siblings should be kept together.

401. A child’s guardian or trustee is selected taking into consideration his or her personal qualities, state of health, ability to act as a guardian or trustee, relations with the child deprived of parental care, and the interests of the child. It should be noted that when establishing or cancelling a child’s guardianship or trusteeship or appointing a guardian or trustee, a child who can express his or her opinion should be provided with an opportunity to be heard out and his or her opinion is important when adopting decisions.

402. To summarise the legal regulation of guardianship or trusteeship, it should be concluded that the ability of a particular person to become a guardian or trustee of a minor or full-aged child does not depend on the gender, race, nationality and other circumstances (only in exceptional cases it depends on the age of a guardian or trustee). The ability to become a guardian or trustee is linked to a number of objective criteria by the law: state of health, preparedness to become a guardian or trustee, etc.

403. The legal aspects of adoption are regulated by Part V of Book Three of the Civil Code of the Republic of Lithuania (Articles 3.209-3.228). It is acknowledged that the priority objective is to serve the interests of a child: to be raised and brought up in a family. Even in those cases where a single person or one of the spouses seeks adoption, the interests of a child are better served than in a state-run children’s home or in a social family.

404. Paragraph 1 of Article 3.210 of the Civil Code of the Republic of Lithuania states that the adoptive parent may be an adult woman or man under the age of 50 duly prepared for adopting a child. In exceptional cases (e.g. where the child and his or her adoptive parent are linked by a close relationship, where a child of a spouse is adopted, etc.), the court may allow older persons to adopt a child. It means that the equality of both genders is consolidated when seeking adoption.

405. It should be noted that the laws establish a general rule allowing the adoption of a child by married couples (paragraph 2 of Article 3.210 of the Civil Code of the Republic of Lithuania). In exceptional cases, unmarried persons or one of the spouses may be allowed to adopt a child. In general, the adoption of a child aims to serve his or her interest of being raised and brought up in a family, therefore the laws have the objective of securing that a child is raised and brought up in a family, i.e. that he or she has a mother and a father. Where a person files a request to court, the court must decide whether or not there is a basis for applying the said exception. It is believed that an exception may be applied where a married couple does not seek to adopt a particular child or when such a couple is not eligible as adoptive parents because it would contravene the interests of a child or result in the separation of siblings. Where one of the spouses seeks to adopt a child, it is necessary to examine in detail the reasons behind the lack of interest in respect of adoption by the other spouse and also to decide if a child adopted by one of the spouses will be able to be raised and brought up in a family.

406. To summarise the provisions concerning adoption, it may be stated that the Civil Code of the Republic of Lithuania does not provide for privileges or obstacles to adoption on the basis of gender. Any person who seeks adoption must comply with the established criteria irrespective of his or her gender. Persons seeking adoption must be properly prepared, be of a particular age, and have proper health, etc.

407. It should be underlined that a child must be heard out when establishing guardianship or trusteeship or in the case of adoption. Where an adoptive child is ten years of age and older, his or her written consent is required. A child presents his or her consent to the court and it is prohibited to adopt a child without such consent. The law does not provide for any exceptions. Where a child under ten years of age is adopted and where he can express his or her opinion, he/she must be heard out in court and the court must take his/her wishes into account when adopting the decision if this does not contravene to the interests of the child.

g)

408. In respect of one of the specific consequences of marriage, Article 3.31 of the Civil Code of the Republic of Lithuania states that both spouses have the right to retain their respective surnames or to choose the surname of the other spouse (both, wife or husband) as their common surname or to have a double surname by adjoining the surname of the other spouse to his or her own surname. The decision concerning the surname is made upon the registration of marriage.

409. After marriage, the surname may be changed in accordance with the procedure set out in the Rules on the Change of a Person’s Name, Surname and Nationality approved by Order No. 111 of the Minister of Justice of 20 June of 2001. In this case, a request to change a person’s name should be filed to a local civil registration office (points 2.2 and 6 of the Rules). It should be noted that the change of surname by one of the spouses does not automatically results in the change of surname of the other spouse.

410. Where a marriage is terminated or nullified, issues related to surnames are dealt with in accordance with the procedure provided for in Article 3.69 of the Civil Code of the Republic of Lithuania. After divorce, a spouse may retain his or her married surname or the surname which he or she had before marriage. However, where a marriage is dissolved because of the fault of one of the spouses (such as cruel treatment of a spouse and/or children, violence, infidelity, etc.), the court may, at the request of the other spouse, prohibit the spouse at fault from retaining his or her married surname, except in cases where the spouses have children.

411. Article 3.29 of the Civil Code of the Republic of Lithuania states that marriage shall not restrict the passive and active capacity of spouses. Although a person acquires a new legal status upon marriage, it does not result in the restriction of a person’s active and passive capacity and it does not mean that a spouse becomes dependent on the other spouse or subordinate to him or her. A person who has formed a marriage has the right to freely choose the place of residence, a job, occupation, etc.

h)

412. The formation of marriage is binding on a person and results in new duties and additional restrictions of his or her property and personal non-property rights, which are necessary to ensure proper family relations and the rights and interests of children. The formation of marriage is impossible in practice without a certain set of minimal living conditions, such as having a dwelling, household utilities, etc. In many cases, such conditions are created only on the basis of a joint use of funds and in the interests of a family. Therefore, the right of a married person to have at his or her property at free disposal cannot be the same as that of an unmarried person. In an effort to ensure minimal conditions of family life, the legislator establishes restrictions on the property rights of a married person through mandatory rules to the extent necessary to secure the existence of children and the family. For example, a spouse may realise his or her property rights to objects that are considered under the law to be family assets only with the consent of the other spouse and in some cases with a court’s permission, etc.

413. The spouses may restrict some of their rights by mutual consent when concluding a contract of marriage. Such restrictions, however, are possible only in respect of their property rights, not personal non-property rights (e.g. a marriage contract may not provide for conditions requiring that the wife follow her husband if he decides to change his place of residence or that she should not work and take care of their home, or become pregnant upon his wish, etc).

414. The Civil Code of the Republic of Lithuania regulates matrimonial property relations in detail. Such relations may concern matrimonial relations in respect of joint assets, civil liability arising from property obligations, and maintenance obligations (alimony).

415. Paragraph 1 of Article 3.81 of the Civil Code of the Republic of Lithuania focuses on the legal regime of matrimonial assets as stipulated by the law and contracts. A marriage contract serves as the main criteria for determining the legal regime of matrimonial assets chosen by the spouses (statutory or contractual). Where the spouses have not made a marriage contract, their assets shall be subject to a statutory regime. The recognition of a marriage contract as invalid or its termination shall result in the same consequences. In those cases when the spouses decide that their marriage contract will cover the management, use or disposal of only part of their assets, the statutory regime is applied to the other part of their assets that is not covered by the contract of marriage.

416. The institution of family assets – one of the novelties introduced by the Civil Code of the Republic of Lithuania – has the main objective of protecting the rights and legitimate interests of minor children and the more vulnerable (mostly in economic terms) of the spouses. Paragraph 1 of Article 3.84 of the Civil Code states that any assets referred to in paragraph 2 of this Article owned by either spouse before or during marriage will be considered to be family assets. Family assets may be used only to meet the needs of the family. A list of family assets is provided in paragraph 2 of this Article. The following assets owned by one or both spouses are family assets: family dwellings; movables intended to meet household needs, including furniture. Family assets also include the right to use family dwelling.

417. Assets referred to in the paragraph above shall acquire the legal status of family assets as of the day of the registration of marriage, but the spouses may use this fact in respect of bona fide third parties only if an immovable is registered in the public register as a family asset. The said assets acquire the legal status of family assets irrespective of whose property it was before the formation of marriage or after its formation. It means that family assets are not an alternative form of personal and joint property. A specific legal regime of family assets may be applied to the assets owned by spouses as either personal or joint property.

418. This category covers such assets that may be considered as an essential material basis of family life. Luxury and similar items shall not be considered as family assets. The legal regime of family assets emerges only after a marriage has been contracted and it is applies to matrimonial property relations until the marriage is terminated, nullified or until separation is confirmed. The legal regime of family assets shall not be applied to the assets acquired and used jointly by cohabitees as well as to the joint assets of persons living together without a partnership contract. The rights of cohabitees with a registered partnership shall be protected by special rules restricting the right to dispose of jointly used assets.

419. Family assets may be used, managed and disposed of only in accordance with the procedure laid down in Article 3.85 of the Civil Code of the Republic of Lithuania. The spouse who is the owner of an immovable considered to be a family asset may transfer ownership rights to it, mortgage it or encumber the rights to it in any other way only with the written consent of the other spouse. Where the spouses have children of minor age, transactions in respect of an immovable considered to be a family asset require a judicial authorisation. Family assets may not be used against a creditor if the creditor knew or should have known that the transaction is not related to the satisfaction of family needs and is contrary to the interests of the family. The legal regime of family assets or their composition may not be changed by an agreement between the spouses. It means that family assets are regulated by mandatory legal rules and no agreements in respect of or derogations from the rules of behaviour established by such rules should be tolerated. The legal regime of family assets ends after the marriage is dissolved, nullified or after the spouses separate.

420. Paragraph 2 of Article 3.86 of the Civil Code of the Republic of Lithuania states that the court may award the right to use family assets or a certain part thereof (usufruct) to the spouse with whom minor children will live. The usufruct is valid until the children attain full age. Where the spouses have rented a dwelling, the court may transfer the lessee rights to the spouse with whom the children will live or to the spouse who lacks earning capacity. The court may award household utensils intended for domestic needs to the spouse who stays in the family dwelling together with minor children. These rules provide for additional dwelling guarantees to the minor children of spouses. Regardless of who of the spouses owns the dwelling which is subject to the legal regime of family assets, the right to use it may be awarded to the spouse who will live with minor children after the marriage is dissolved. Since in most of the cases children remain to live with their mother, these rules are considered to be an important guarantee of the protection of their rights.

421. Articles 3.87-3.100 of the Civil Code of the Republic of Lithuania regulate the statutory legal regime of matrimonial assets. The statutory legal regime of matrimonial assets means that the assets acquired by spouses after marriage are their common joint property. Matrimonial assets are their common joint property until such assets are divided or until common joint property rights do not end in some other way.

422. Common joint property is the following: assets acquired after the formation of marriage in the name of one or both of the spouses; income derived from and fruits collected from the individual property of a spouse; income derived from the joint activities of the spouses and income derived from the activities of one of the spouses, except for the funds necessary for that spouse’s professional activity; an enterprise and the income derived from the operations of the enterprise or any other business provided that the spouses took up such business activity after marriage. Where the enterprise was owned by one of the spouses before marriage, the common joint property of spouses includes income from the operations of the enterprise or any other business and positive value re-adjustment on the enterprise (business) after the formation of marriage; income from work activities or intellectual activities, dividends, pensions, allowances and other benefits collected by both spouses or one of them after marriage, except for specific-purpose benefits (such as damages for injury to health or non-property damages, specific material assistance intended for only one of the spouses, etc.).

423. All assets are presumed to be common joint property unless it is established that they are personal property of one of the spouses. Both spouses must be registered as the owners of common joint property in a public register. Where the assets are registered in the name of one of the spouses, they are considered to be common joint property provided they is registered as common joint property. It should be noted that the moment of acquiring or receiving the assets (before or after marriage) is an important factor when determining the fact of emergence of common joint property. After the formation of marriage, the assets acquired become common joint property irrespective of the name in which they were acquired.

424. In addition to joint assets, spouses may also have personal assets. Personal property of each spouse shall consist of: property acquired separately by each spouse before marriage; property devolved to a spouse by succession or gift after marriage, unless the will or donation agreement indicates that the property is devolved as common joint property; articles of personal use (footwear, clothes, tools of professional activity); intellectual or industrial property rights, except for income derived from those rights; funds and utensils required for the personal business of one of the spouses other than the funds and utensils used in the business conducted jointly by both spouses; damages and compensation payments received by one of the spouses for injury to health and non-property damages, specific material assistance intended for only one of the spouses, rights that may not be transferred to other persons; assets acquired by a spouse with his or her personal funds or proceeds from the sale of his or her personal property with the express intention of the spouse at the time of acquisition to have such assets as personal property.

425. The fact that specific assets are owned as personal property by one of the spouses may be proved only by written documents (evidence), except for cases where the law allows the testimony of witnesses or where the nature of assets is sufficient proof of being personal property of one of the spouses. Personal assets temporarily transferred by one of the spouses to the other spouse to meet the latter’s personal needs remain the personal property of the transferor.

426. In cases provided for by the law, the court may declare the personal property of one of the spouses to be common joint property if it is established that during marriage the property was fundamentally improved with the joint funds of the spouses or with the funds of or due to the work of the other spouse (major repairs, reconstruction, restructuring, etc.). Where a spouse uses both his or her personal funds and the funds owned jointly with the other spouse to acquire assets for his or her personal needs, the court may declare the property so acquired to be common joint property, provided that the common joint funds used to acquire such property exceed the personal funds of the spouse so expended.

427. The Civil Code of the Republic of Lithuania regulates in detail the management, use and disposal of common joint property. The law states that common joint property shall be used, managed and disposed of by mutual agreement of the spouses. This provision arises from the substance of common joint property and the principle of equality between spouses which does not provide more rights to either of the spouses to their joint assets.

428. The consent of the other spouse shall not be required for: acceptance or rejection of succession to estate; refusal to enter into a contract; urgent measures to protect joint assets; bringing an action to protect the joint assets; bringing an action to protect one’s rights related to joint assets or personal rights unrelated to the interests of the family. It should be noted that the provided list is final. In all other cases, one of the spouses, when making transactions in relation of common joint property, must receive the consent of the other spouse.

429. When making transactions a spouse is presumed to have the consent of the other spouse except in cases where entering into a transaction requires the written consent of the other spouse. In exceptional cases, where delay would cause serious damage to family interests while the other spouse is unable to express his or her will because of illness or other objective reasons, a spouse may conclude a transaction without the consent of the other spouse in accordance with the procedure laid down in paragraph 2 of Article 3.32 of the Civil Code of the Republic of Lithuania, i.e. he or she may apply to court for a permission to conclude a particular transaction.

430. Transactions related to the disposal or encumbrance of an immovable which is common joint property of spouses or the rights thereto, also transactions related to the transfer of a joint enterprise or securities or the encumbrance of the rights thereto may be made only by both spouses, except where one of the spouses has been granted the power of attorney by the other spouse to enter into such a transaction.

431. Each spouse has the right to open a bank account in his or her name without the consent of the other spouse and to dispose freely of the funds on the account unless those funds have been made common joint property. Where a transaction has been made without the consent of the other spouse, that other spouse may approve the transaction within one month of the date when he or she learned about the transaction. Before the approval of the transaction, the other party may withdraw from it. If the other spouse does not approve the transaction within a month, the transaction is declared as having been made without the consent of the other spouse. If the other party to the transaction knew that the person with whom it was entering into the transaction was married, it can withdraw from the transaction only if the spouse had made a false statement about the existence of the other spouse’s consent.

432. Where a spouse does not give the other spouse the consent required to enter into a transaction, the interested spouse may seek a court permission to enter into the transaction. The court allows entering into a transaction only if the interested spouse proves that the transaction is necessary to meet family needs or the needs of their joint business.

433. Article 3.94 of the Civil Code of the Republic of Lithuania states that a spouse may grant the power of attorney to the other spouse to manage and use and their common joint property or dispose of other assets. Where one of the spouses is away or cannot participate in the management of joint assets for important reasons, the other spouse may apply to court to be authorised to manage such assets alone. If the spouse is negligent or unreasonable in managing alone the assets that are common joint property, he or she is liable for the losses sustained through his or her fault and will compensate for them against his or her personal assets. The latter provision is an important guarantee of the protection of rights in respect of the spouse who has authorised the other spouse to manage the assets that are their common joint property.

434. Where a spouse is unable to manage joint assets or does that in a way that incurs losses, the other spouse may apply to court with a request to remove the other spouse from the management of assets. The court shall grant the requested removal if the applicant can prove that it is necessary to ensure family needs or the needs of their joint business. Once the grounds for removal disappear, the removed spouse may request the court to allow him or her to manage joint assets again.

435. Transactions on the management, use and disposal of assets that are common joint property must be concluded by mutual consent of both spouses. Where a transaction is made without the consent of the other spouse, Article 3.96 of the Civil Code of the Republic of Lithuania allows the spouse who has not given his or her consent and who has not approved the transaction later on to contest such a transaction. Transactions made without the consent of the other spouse and not approved by him or her later, may be contested in an action brought by that spouse within a year of the date when he or she learned about the transaction, provided that it is proved that the other party to the transaction acted in bad faith. Transactions that should have been made with a written consent of the other spouse or could only have been made jointly by both the spouses may be declared null and void irrespective whether or not the other party to the transaction acted in good faith, except for cases where one or both of the spouses used fraud in making the transaction or provided incorrect data to the state register management institutions or to any other institutions or officials. In such cases the transaction may be declared null and void only if the other party to the transaction acted in bad faith.

436. A spouse shall use, manage or dispose of his or her personal property at his or her own discretion. The management, use or disposal of assets defined in the Civil Code of the Republic of Lithuania as family assets shall be subject to the above-mentioned restrictions. Where a spouse manages his or her personal property in such a negligent or unreasonable way that it endangers family interests because the assets may be lost or substantially reduced, the other spouse has the right to apply to court with a request to appoint an administrator for the management of such assets. The court may appoint the applicant to act as an administrator. After the circumstances which resulted in the appointment of an administrator disappear, either of the spouses may apply to court to have the administration of assets revoked. Such legal regulation has the objective of preserving the interests and well being of the family.

437. A spouse may grant the power of attorney to the other spouse to manage his or her personal property. Where a spouse cannot manage alone his or her personal property and contribute to household maintenance needs due to illness or any other objective reason, the other spouse has a right to use for household needs the personal funds and assets of the spouse who is incapable of managing his or her property alone. This rule shall not be applied in cases where the spouses are separated or an administrator has been appointed to administer the personal assets of the spouse who is unable to manage it alone and make a contribution to meet household needs.

438. Where the value of common joint property is increased by adding the personal property of one of the spouses, the spouse whose property has been added to increase the value of common joint property is entitled to compensation against joint assets. A spouse shall be also entitled to compensation in cases when his or her personal funds have been used for the acquisition of common joint property. Each of the spouses must compensate for the reduction of common joint property if he or she has used it for purposes unrelated to the obligations referred to in Article 3.109 of the Civil Code of the Republic of Lithuania (obligations related to the encumbrances of property acquired in co-ownership that existed at the time of acquisition or were created later; obligations related to the costs of managing community property; obligations related to the maintenance of the household, etc.), except in cases where he or she can prove that the property has been used to satisfy family needs. Compensations are paid when the common joint property of spouses ends.

439. Spouses have the right to make gifts of assets to each other. An agreement on a gift of an immovable gives rise to legal consequences for the creditors of the donor only if the agreement has been recorded in a public register. The beneficiary spouse is liable to the creditors of the donor for the donor’s obligations that existed at the time the gift agreement was made to the extent of the value of the gift. Where the gift is lost through no fault of the beneficiary, his or her liability for the obligations of the donor will end.

440. The common joint property of spouses shall end upon: the death of one of the spouses; presumption that one of the spouses is dead or the judicial declaration of one of the spouses as missing; the declaration of marriage as nullified; divorce; separation; the division of common assets by a court decision; the change of the statutory legal regime of assets by mutual agreement of the spouses; in other cases provided for by the law.

441. Articles 3.101-3.108 of the Civil Code of the Republic of Lithuania provide for the management, use or disposal of assets by spouses under a marriage contract. A marriage contract means an agreement between spouses defining their property rights and duties during marriage as well as after marriage or separation.

442. A marriage contract may be made before the registration of marriage (pre-marital contract) or at any time after the registration of marriage (post-marital contract ). A marriage contract made before the registration of marriage shall come into effect on the day of the registration of marriage. A post-marital contract shall come into force on the date on which it is made unless the agreement provides for otherwise. A minor may enter into a marriage contract only after the registration of marriage. A spouse declared by the court as having limited legal capacity may enter into a marriage contract only with the written consent of his or her trustee. If the trustee refuses to give consent, the spouse may apply to court for a permission to enter into a marriage contract.

443. A marriage contract must be executed in a notarial form. A marriage contract as well as its subsequent amendments must be registered in a register of marriage contracts managed by mortgage institutions. In no case may the amendments of a marriage contract be retroactive. A marriage contract and its amendments may be used against third persons only if the marriage contract and its amendments have been registered in the register of marriage contracts. This rule shall not apply if at the time of the transaction third persons knew of the marriage contract and its amendments.

444. Spouses have the right to stipulate in the marriage contract that: property acquired both before and during marriage shall be the personal property of each spouse; personal property acquired by a spouse before marriage shall become common joint property after the registration of marriage; property acquired during marriage shall be common partial property.

445. In their marriage contract the spouses may stipulate that one of the legal regimes of assets shall be applied to their entire property or only to a certain portion thereof or to specified objects. In their marriage contract, spouses may define the legal regime of assets in respect of both: their existing and future property. A marriage contract may contain the stipulation of rights and duties related to the management of property, mutual maintenance, participation in the provision for family needs and expenses as well as the manner and procedure for dividing assets in the event of divorce, and other matters related to the mutual property relations of spouses. It should be noted that non-property relations are not regulated by a marriage contract. The rights and duties of the spouses provided for in their marriage contract may be restricted in time, or the emergence or termination of such rights and duties may be related to the fulfilment of or failure to fulfil a particular condition stipulated in the marriage contract.

446. Conditions stipulated in a marriage contract are null and void if they: contradict mandatory legislative rules, good morality and public order; change the legal regime in respect of personal property of one of the spouses or in respect of their common joint property where the spouses have chosen a legal regime of joint assets; violate the principle of equal share in common joint property embodied in Article 3.117 of the Civil Code of the Republic of Lithuania; restrict the passive or active capacity of spouses; regulate personal non-property relations of spouses; establish or change the personal rights and duties of spouses in respect of their children; restrict or annul the right of one (or both) of the spouses to maintenance; restrict or annul the right of one (or both) of the spouses to bring legal action in court; change the procedure and conditions of succession to property.

447. A marriage contract may be amended or terminated by mutual agreement of the spouses at any time in the same form as that laid down for its formation. An amendment to a marriage contract or its termination may be used against third persons provided that the amendment or termination of the marriage contract has been registered in the register of marriage contracts. This rule shall not be applied if at the time of the transaction third persons knew of the amendment or termination of the marriage contract. At the request of one of the spouses a marriage contract may be amended or terminated by a court judgement on the grounds provided for in Book Six of the Civil Code of the Republic of Lithuania for the amendment or termination of a marriage contract.

448. A marriage contract shall terminate upon divorce or separation, except for the obligations which under the contract remain in force after divorce or separation. The termination of a marriage contract shall be registered in the register of marriage contracts.

449. The court may declare a marriage contract null and void, wholly or partly, at the request of one of the spouses if the contract is in serious breach of the principle of equality of spouses or is especially unfavourable for one of the spouses. A marriage contract may be declared null and void where it contains the above mentioned invalid conditions. The creditors of one or both of the spouses shall have a right to demand that the contract be declared null and void because it is fictitious.

450. The Civil Code of the Republic of Lithuania regulates in detail the issues of mutual maintenance of spouses. This is one of the types of matrimonial property relations. The Civil Code of the Republic of Lithuania establishes the duty for both spouses to support each other not only in moral, but also in material terms. This duty remains after divorce or separation. It should be noted that in all of the cases when a marriage is dissolved by the consent of both spouses, one of the spouses or through the fault of a spouse, issues relating to the maintenance of the other spouse and minor children as well as issues relating to the place of residence of children have to be resolved.

451. If a marriage is dissolved by mutual consent of the spouses, an essential condition is that they have made a contract in respect of the consequences of their divorce. It should be noted that in the absence of such a contract, a marriage may not be dissolved by mutual consent. When dissolving a marriage by a court decision, the court approves the contract as presented by the spouses in respect of the consequences of divorce providing for maintenance payments for minor children and each other, the place of residence of their minor children, their participation in bringing up the children and their other property rights and duties. The content of the contract shall be incorporated in the court decision. In case there is an essential change in the circumstances (illness of one of the former spouses, incapacity for employment, etc.), the former spouses or one of them may apply to court to reconsider the terms and conditions of their contract in respect of the consequences of divorce. Where the contract in respect of the consequences of divorce is not consistent with the public order or is an essential violation of the rights and legitimate interests of the spouses’ minor children or of one of the spouses, the court will not approve the contract and will suspend the divorce proceedings until the spouses conclude a new contract. If the spouses fail to comply with the directions of the court within six months of the suspension of proceedings, the court shall not resume the consideration of the request for divorce. The duty of the court to review and evaluate the contract in respect of the consequences of divorce is considered to be an important guarantee of protection of the rights and legitimate interests of one of the spouses (particularly the more vulnarable in economic terms who cannot always approach a lawyer for legal assistance) and their minor children.

452. Where marriage is dissolved and there no contract in respect of the consequences of divorce, the issues of mutual maintenance of spouses are resolved in accordance with the procedure set out in Article 72 of the Civil Code of the Republic of Lithuania. In such cases, the court issues a maintenance order in favour of the spouse in need of maintenance. A spouse does not have a right to maintenance if his or her assets or income are sufficient to fully support him or her. Maintenance is presumed to be necessary if he or she is raising a minor child of their marriage or is incapable of work due to his or her age or state of health.

453. A spouse who was not able to obtain any qualifications for work (complete his or her studies) because of marriage, common interests of the family or the need to take care for the children has a right to request that the former spouse should cover the expenses related to the completion of his or her studies or retraining. This provision of the Civil Code of the Republic of Lithuania is considered to be an important guarantee of protection of the rights of a woman who in many cases does not complete her studies or loses the professional qualifications obtained earlier because of maternity leave or child care.

454. The spouse responsible for the dissolution of marriage has no right to maintenance. The other spouse may request from the spouse responsible for the dissolution of marriage damages related to the divorce as well as compensation for non-pecuniary damage incurred by the divorce. This provision may not be applied where both spouses are responsible for the breakdown of marriage. At the request of the other spouse, the spouse at fault for the termination of marriage must return the gifts received from him or her except for the wedding ring, unless the marriage contract provides otherwise. Where both spouses are responsible for the breaking up of marriage, both of them have a right to request the return of the immovable gifts given to each other, unless more than ten years have passed from the conclusion of the gift contract and unless the immovable property has been transferred to third persons.

455. When deciding on maintenance and its amount, the court must take into account the duration of marriage, the need for maintenance, the property status of both of the former spouses, their state of health, age, capacity for employment, the possibility of the unemployed spouse to find employment and other important circumstances.

456. The amount of maintenance is reduced, made temporary or refused subject to one of the following circumstances: the duration of marriage did not exceed a period of one year; the spouse entitled to maintenance has committed a crime against the other spouse or his or her next of kin; the spouse entitled to maintenance has created his or her difficult financial situation through his or her own irresponsible acts; the spouse requesting maintenance did not contribute to the growth of their joint assets or wilfully prejudiced the interests of the other spouse or the family during marriage.

457. The court may demand from the spouse obliged to provide maintenance to the other spouse to produce an adequate guarantee of fulfilment of this obligation. For example, the court may issue a decision on forced mortgage, etc. The court may make maintenance orders for a lump sum or periodical (monthly) payments or property adjustment.

458. Where divorce is based on the application of one of the spouses because of the legal incompetence of the other spouse, the spouse who has initiated the divorce must cover medical and care expenses of the incompetent former spouse, unless such expenses are covered from state social security funds.

459. Maintenance order serves as a basis for the forced pledge (mortgage) of the respondent’s assets. Where the former spouse defaults on his or her obligation to pay maintenance, his or her assets may be used to make payments in accordance with the procedure laid down by the law.

460. Where the maintenance order is for periodical payments, a significant change in the circumstances referred to in paragraph 5 of Article 3.72 of the Civil Code of the Republic (state of health, capacity for employment) may warrant a request of either of the former spouses for an increase, reduction or termination of maintenance payments. Periodical payments are for the life of the creditor and they be adjusted to inflation annually in accordance with the procedure set forth by the Government. If the former spouse who has been issued a maintenance order dies, the obligation to pay maintenance is devolved on his or her successors to the extent of the estate irrespective of the manner of its acceptance.

461. Where the former spouse who has been given maintenance by court dies or remarries, maintenance payments are terminated. In case of the payee’s death, the right to request arrears or unpaid maintenance payments is transferred to the payee’s successors. The dissolution of a new marriage creates a right to apply for the renewal of maintenance payments provided that the payee is raising a child by his or her former spouse or is caring for a disabled child by his or her former spouse. In all other cases, the duty of the subsequent spouse to maintain the payee takes precedence over that of the first former spouse.

462. If a marriage is declared null and void on the grounds established in the Civil Code of the Republic of Lithuania, a bone fide spouse in need of maintenance has a right to request maintenance from a mala fide spouse for a period not longer than three years. The court shall, having regard to the financial position of both parties, determine at its own discretion the amount of maintenance. The court may make an order for periodical monthly payments or a single payment of a lump sum. If the financial position of one of the spouses changes, the interested spouse may apply to court for the increase or reduction of maintenance or the termination of its enforcement. Maintenance payments to a bone fide spouse terminate automatically on the remarriage of the payee or at the end of the three-year period during which maintenance was paid.

463. Among the types of matrimonial property relations are relations in respect of their civil liability. Such relations are regulated in detail by Articles 3.109-3.115 of the Civil Code of the Republic of Lithuania. Article 3.109 of the Civil Code of the Republic of Lithuania states that the following obligations are discharged based on the joint matrimonial assets: obligations related to any encumbrances of assets acquired as joint property which existed prior to the acquisition of such assets or were created later; obligations related to the expenses of managing joint assets; obligations related to household maintenance; obligations related to legal expenses where proceedings are related to joint assets or the interests of the family; obligations arising from transactions made by one of the spouses with the consent of the other spouse or subsequently approved by the latter as well as obligations arising from transactions for which no consent of the other spouse was required, provided that they were made in the interests of the family; joint and several obligations of the spouses.

464. Either spouse has the right to enter into transactions necessary to maintain the household and secure the upbringing and education of the children. Both spouses shall be jointly and severally liable for the obligations arising from such transactions whatever their matrimonial regime may be, except in cases where the price of transactions is evidently too high and unreasonable. Joint and several liability of the spouses is not created where one of the spouses takes on a loan or buys goods under hire purchase, in the event that this is not necessary to satisfy the joint needs of the family, without the consent of the other spouse.

465. When undertaking and discharging obligations related to the needs of the family, the spouses must act as prudently and carefully as when undertaking and discharging their own personal obligations. Joint assets may not be used to discharge the obligations of spouses created before the registration of marriage, except for those charged against the relevant spouse’s share in joint assets. Where one of the spouses receives a gift or comes into inheritance, the obligations arising therefrom may not be charged against common assets, unless the gift or inheritance has been received as common assets.

466. Claims arising from the transactions made after the registration of marriage by one of the spouses without the consent of the other spouse may be discharged from their joint assets if the personal property of a spouse is not sufficient to meet the claims of the creditors. Where joint matrimonial assets are not sufficient to fully cover the claims made by creditors in respect of whom both spouses are liable jointly and severally, such claims are met from their personal property.

467. If the marriage contract stipulates that the assets acquired both before and during marriage are to be treated as personal property of one and the other spouse, the spouses shall be liable for their obligations only to the extent of their personal property. In such cases the spouses are jointly and severally liable for their joint obligations and the obligations in the interests of the family. Spouses shall not be held to be each other’s guarantors or surety in obligations arising from the management, use or disposal of property which is personal property of one and the other spouse.

468. The spouse, whose fines for breaches of law or damages incurred through his or her actions have been paid from joint assets, is obliged to compensate for the decrease in joint common property. If a transaction was made to meet the personal needs of only one of the spouses by using their joint common property, that spouse is obliged to compensate for the decrease in the joint common property.

Part 2

469. Article 1 of the UN Convention on the Rights of the Child, ratified by the Seimas of the Republic of Lithuania on 3 July 1995, states that a child means every human being below the age of eighteen years unless, under the law applicable to the child, majority is attained earlier. The Civil Code of the Republic of Lithuania states that on attaining full age, i.e. when a natural person is eighteen years of age, he shall have, by his acts, the full exercise of all of his civil rights (including the right to contract a marriage) and shall assume civil obligations.

470. Paragraph 1 of Article 3.14 of the Civil Code of the Republic of Lithuania establishes that marriage may be contracted by persons who, on the date of contracting marriage, have attained the age of 15. This provision applies to all persons irrespective of their gender, nationality or other circumstances; the Lithuanian legal system does not provide for a different age for marriage in respect of men and women.

471. It should be noted that this general rule does not have exemptions. At the request of a person who intends to marry before the age of 18, the court may, in a summary procedure, reduce the legal age of consent to marriage in respect of him or her, but by no more than three years. While deciding on the reduction of a person’s legal age of consent to marriage, the court must hear out the opinion of the minor person’s parents or guardians or trustees and take into account his or her mental and psychological condition, financial situation and other important reasons for reducing a person’s legal age of consent to marriage. Pregnancy provides important grounds for the reduction of a person’s legal age of consent to marriage. When deciding on the reduction of the legal age of consent to marriage, the state institution for the protection of children’s rights must present its opinion on the advisability of the reduction of the person’s legal age of consent to marriage and whether such a reduction is in the true interests of the person concerned.

472. Paragraph 3 of Article 3.14 of the Civil Code of the Republic of Lithuania provides for the only case – that of pregnancy - where the court may allow a person to marry before the age of 18. The court decision depends on the above mentioned circumstances: the mental and psychological condition of a person who wishes to marry, the opinion of his or her parents or guardians or trustees, the opinion of a state institution for the protection of children’s rights and the interests of the minor.

473. Given the above stated facts, it may be concluded that the Civil Code of the Republic of Lithuania, which regulates legal family relations in detail – such as property and personal non-property relations between the spouses, the rights and duties of parents and children, issues of guardianship, trusteeship and adoption – does not provide for any discrimination on the grounds of gender. It should be noted that the implementation of the rights and duties provided for in Article 16 of the Convention according to the provisions of the Civil Code of the Republic of Lithuania, is predetermined not by the gender of a particular person, but by the criteria that are equally applied to both men and women (the right to contract and dissolve a marriage, the right of both spouses to respect each other, the same parental authority, etc.).

Annex to the Third Report on the implementation of the UN Convention on the Elimination of all Forms of Discrimination against Women in Lithuania

TABLE 1. LABOUR FORCE ECONOMIC ACTIVITY RATES, eMPLOYMENT AND RATE OF UNEMPLOYMENT, BY AGE GROUP

(percentage)

Age group	2000	2001	2002
female	male	female	male	female	male
I. LABOUR FORCE ECONOMIC ACTIVITY RATES
15–64	67,1	74,2	65,8	73,4	65,7	73,2
15–24	30,6	41,7	27,8	37,3	26,7	34,5
25–49	88,5	90,8	87,8	90,8	87,2	91,4
50–64	51,9	66,2	50,5	67,4	52,9	68,6
65 years of age and above	6,1	10,3	4,4	8,3	3	7,3
II. EMPLOYMENT
15–64	57,5	60,1	55,9	58,5	57,1	62,3
15–24	22,2	28,4	21,1	23,8	20,6	26,5
25–49	76,7	74,7	75,1	74	76,5	79,1
50–64	46	55,9	44,1	55,8	46,7	58,2
65 years of age and above	6	9,8	4,4	8,1	2,9	7,3
III. RATE OF UNEMPLOYMENT
15–64	13,9	18,8	14,7	19,9	12,9	14,6
15–24	27,4	31,9	24,1	36,1	22,9	23,1
25–49	13,3	17,7	14,5	18,5	12,3	13,4
50–64	11,5	15,5	12,6	17,3	11,6	15,2
65 years of age and above	0,6	4,8	0,5	1,8	0,5	–

TABLE 2. unemployed, by education

(thousands)

Educational attainment	2000	2001	2002
I. femaleS	115,2	118,4	103,3
Higher education	10,1	9	9,2
College-level	10,5	7,7	6,3
Special secondary, vocational post-secondary	36,3	38,8	31,8
Secondary	30,1	36,8	32,3
Vocational secondary	8,7	9,8	8
Basic	14,2	12,1	13,1
Vocational basic	4,5	3,1	2,5
Primary	0,7	1,1	0,1
II. MALES	158,5	165,6	121,1
Higher education	9,2	10	7,4
College-level	6,7	7,2	4,2
Special secondary, vocational post-secondary	32,7	35,7	25,9
Secondary	32,6	40,5	32,5
Vocational secondary	26,5	24	15,6
Basic	26,6	26,4	20,9
Vocational basic	19,4	17,9	12,5
Primary	4,8	3,9	2,2

TABLE 3. EMPLOYED POPULATION, BY ECONOMIC ACTIVITY

Economic activity	2000	2001	2002
female	male	female	male	female	male
I. EMPLOYMENT IN THOUSANDS
Total	711,3	686,5	687,3	664,5	698,1	707,8
Agriculture, hunting, forestry and fisheries	107,5	154,1	88,5	145,3	98,9	151,7
Mining and quarrying	1,6	1,5	0,6	2,2	1,4	3
Manufacturing industry	125	128,9	127,7	115,5	130,6	129,9
Electricity, gas and water supply	10,6	23,2	6,2	28,9	4,4	24
Construction	7,1	76,6	7,2	77,5	9	84,1
Wholesale and retail trade, motor vehicle and motorcycle maintenance, repairs of personal and household articles	109,9	90,4	105,1	100,6	107,4	103,7
Hotels and restaurants	19,8	7,3	19,9	5,9	21,8	6,3
Transport, storage and communications	27,7	62,7	26,1	59,9	24	63,4
Financial mediation	8,3	6,2	5,6	5,3	8,5	5,5
Real estate, renting and commerce	20,2	23	20	21,1	28,1	26,8
Public administration and defence; compulsory social security	33,3	40,4	32,6	39,3	40,4	40,9
Education	126,4	34,6	123,2	31,8	109,2	29,7
Health care and social work	82,9	13,6	87,3	12,3	80,5	14,1
Other community, social and personal service activities	29,7	23,9	35,5	16,4	31,4	22,4
Activities of households as employers of domestic staff	1,3	0,1	1,7	2,5	2,3	2,4
Extra-territorial organisations and bodies	...	...	...	...	0,1	...
II. EMPLOYMENT IN PERCENT
Total	50,9	49,1	50,8	49,2	49,7	50,3
Agriculture, hunting, forestry and fisheries	41,1	58,9	37,9	62,1	39,5	60,5
Mining and quarrying, manufacturing industry	51,6	48,4	21,4	78,6	31,8	68,2
Manufacturing industry	49,2	50,8	52,5	47,5	50,1	49,9
Electricity, gas and water supply	31,4	68,6	17,7	82,3	15,4	84,6
Construction	8,5	91,5	8,5	91,5	9,7	90,3
Wholesale and retail trade, motor vehicle and motorcycle maintenance, repairs of personal and household articles	54,9	45,1	51,1	48,9	50,9	49,1
Hotels and restaurants	73,1	26,9	77,1	22,9	77,6	22,4
Transport, storage and communications	30,6	69,4	30,3	69,7	27,5	72,5
Financial mediation	57,2	42,8	51,4	48,6	60,8	39,2
Real estate, renting and commerce	46,8	53,2	48,7	51,3	51,2	48,8
Public administration and defence; compulsory social security	45,2	54,8	45,3	54,7	49,7	50,3
Education	78,5	21,5	79,5	20,5	78,6	21,4
Health care and social work	85,9	14,1	87,7	12,3	85,1	14,9
Other community, social and personal service activities	55,4	44,6	68,4	31,6	58,4	41,6
Activities of households as employers of domestic staff	92,9	7,1	40,5	59,5	48,8	51,2
Extra-territorial organisations and bodies	...	...	...	...	100	...

tABLE 4. women’s average gross monthly earnings in 2000*, BY ECONOMIC ACTIVITY (compared to MEN, PERCENTAGE)

	Total	Workers	Clerks
Total	81,2	74,2	69,4
Agriculture, hunting and forestry	91,8	93,5	80,6
Fisheries	92,8	89,8	81
Mining and quarrying	95,3	67,3	60,2
Manufacturing industry	78,2	78,9	72
Electricity, gas and water supply	83,5	76,2	71,1
Construction	93,8	77,5	67,9
Wholesale and retail trade, motor vehicle and motorcycle maintenance, repairs of personal and household articles	81,8	73,7	75,4
Hotels and restaurants	88	95,5	81,8
Transport, storage and communications	90,7	92,3	61,9
Financial mediation	61,5	51,2	61,2
Cash mediation	57,4	48,1	57,1
Accumulation of insurance and pension financial resources, except compulsory social security	71,7	58,2	71,2
Real estate, renting and commerce	85,5	77,4	81,5
Research and development	76,2	87,9	71,6
Public administration and defence; compulsory social security	86,7	79	85,1
Administration of the State and the economic and social policy of the community	83,7	79,5	78,4
Executive and legislative activities of central administrative institutions	82,3	59,7	80,3
Provision of services to the community as a whole	91,1	82,7	91,2
Compulsory social security activities	102,4	84,5	79,7
Education	96,5	92,8	84,8
Comprehensive secondary education	117,2	91,8	99
University Education	71	83	70,1
Health care and social work	81,8	85,3	69
Human health activities	79,8	82,4	66,4
Social work activities	98,6	95,5	85,5
Other community, social and personal service activities	81,2	70,2	72
Leisure and entertainment organization, cultural and sports activity	80,7	77,9	75,8

*Excluding individual enterprises.

Table 5. women’s AND MEN’S average gross monthly earnings IN THE NATIONAL ECONOMY*, BY ECONOMIC ACTIVITY

(inlitas)

Economic activity	2000	2001	2002
female	male	female	male	female	male
Total	956	1170	962	1181	1010	1244
Agriculture, hunting and forestry	635	726	685	775	769	837
Fisheries	563	580	530	589	554	597
Mining and quarrying	1132	1292	1340	1491	1423	1493
Manufacturing industry	917	1163	923	1194	952	1218
Electricity, gas and water supply	1193	1458	1256	1502	1307	1565
Construction	880	980	903	992	996	1061
Wholesale and retail trade, motor vehicle and motorcycle maintenance, repairs of personal and household articles	874	1028	895	1120	977	1195
Hotels and restaurants	693	799	710	793	674	765
Transport, storage and communications	1048	1210	1106	1318	1151	1269
Financial mediation	1730	2634	1852	2941	2043	3323
Cash mediation	1770	2711	1868	3031	2080	3627
Accumulation of insurance and pension financial resources, except compulsory social security	1619	2433	1701	2502	1973	2752
Real estate, renting and commerce	1130	1591	990	1137	1111	1300
Research and development	938	1179	1000	1299	1028	1351
Public administration and defence; compulsory social security	1440	1604	1409	1575	1531	1765
Administration of the State and the economic and social policy of the community	1383	1639	1337	1550	1501	1793
Executive and legislative activities of central administrative institutions	1939	2425	2015	2599	2252	2738
Provision of services to the community as a whole	1550	1600	1549	1592	1606	1763
Compulsory social security activities	1238	1212	1342	1309	1419	1386
Education	955	948	944	974	948	982
Comprehensive secondary education	1020	856	999	859	981	837
University education	886	1288	941	1335	992	1397
Health care and social work	821	962	822	983	857	1047
Human health activities	814	979	816	996	854	1070
Social work activities	870	867	864	895	857	869
Other community, social and personal service activities	806	942	857	998	897	1105
Leisure and entertainment organization, cultural and sports activity	826	955	885	1020	888	1100

* Excluding individual enterprises.

TABLE 6. women’s AND MEN’S average gross monthly earnings IN THE NATIONAL ECONOMY* in 1st quarter of 2004, BY ECONOMIC ACTIVITY

Economic activity	Earnings, in litas	Women’s earnings as compared to men’s, percentage
female	male
Total	1031,4	1267,1	81,4
Agriculture, hunting and forestry	814	893,9	91,1
Fisheries	853,6	902,8	94,5
Mining and quarrying, manufacturing industry	952,2	1233	77,2
Mining and quarrying	1502,2	1458	103,1
Manufacturing industry	949,5	1228	77,3
Electricity, gas and water supply	1423,5	1605	88,7
Construction	1105,2	1100,2	100,5
Wholesale and retail trade, motor vehicle and motorcycle maintenance, repairs of personal and household articles	945,1	1167,7	80,9
Hotels and restaurants	720,3	785,2	91,7
Transport, storage and communications	1194	1263	94,5
Financial mediation	2021,6	3406,9	59,3
Real estate, renting and commerce	1137,9	1366,9**	83,2
Research and development	1075,4	1420,9	76
Public administration and defence; compulsory social security	1717,1	1859,1	92,4
Education	958,7	986	97,2
Health care and social work	866,6	1074,7	80,6
Other community, social and personal service activities	910,5	1130,5	80,5

* Excluding individual enterprises.

** Insufficient accuracy of statistical evaluation.

TABLE 7. MORTALITY IN LITHUANIA IN 2000-2003

Year	Total, in Lithuania	In urban areas	In rural areas
female	male	female	male	female	male
TOTAL NUMBER OF DEATHS
2000	18511	20408	10367	11565	8144	8843
2001	18828	21571	10753	12209	8075	9362
2002	19256	21816	10923	12252	8333	9564
2003	19131	21859	10833	12249	8298	9610
NUMBER OF DEATHS PER 1,000 POPULATION
2000	9,9	12,5	8,2	10,7	13,7	15,9
2001	10,2	13,3	8,5	11,4	13,6	16,8
2002	10,4	13,5	8,7	11,5	14,1	17,2
2003	10,4	13,6	8,7	11,6	14	17,3

TABLE 8. MALIGNANT TUMOURS (2000-2003)

Cancer patients per 100 thousand of population	2000	2001	2002	2003
1. Diagnosed for the first time:	401,2	403,9	417,5	437,2
female male	384,3 420,4	381,4 429,4	380,2 460,1	470,6 470,6
2. Total:	1730,7	1788,5	1816	1844
female male	2086,3 1326,1	2150,8 1375,6	2159,2 1424,4	2173,6 1467,6

TABLE 9. traditional housing with facilities in rural areas*

Facilities	Rural population with facilities, percentage
Kitchen	99
Running water	55,6
Sewerage	50,4
Hot water	36,4
Bath/shower	44,3
Flush lavatory	37,8
Electricity	99,7
Cooker (gas, electric)	89,7
Ovens	67,7
Telephone	64,9

* General population and housing census of 2001.

TABLE 10. NUMBER AND SIZE OF FAMILIES*

	Total of families, thousands	Number of persons in family	Average family, in persons
2	3	4	5 and more
1989
Total, in Lithuania	1000	338,1	286,9	255,2	119,8	3,22
In urban areas	670,8	206,5	206,3	185,9	72,1	3,23
In rural areas	329,2	131,6	80,6	69,3	47,7	3,19
2001
Total, in Lithuania	962,6	343,8	271,8	235,9	111,1	3,18
In urban areas	653,2	230,4	200,4	165	57,4	3,11
In rural areas	309,4	113,4	71,4	70,9	53,7	3,32

* General population and housing census of 2001.

TABLE 11. Composition of households, by type of household*

	Total, percentage	Average household, in persons
Total	100	2,55
One persons:	28,7	1
Female	18,6	1
Male	10,1	1
Single mother with children	4,5	2,46
Single father with children	0,3	2,29
Married couples without children	14,8	2
Married couples with children	20,1	3,72
Living-together couples without children	1,5	2
Living-together couples with children	1,4	3,66
Other households	28,7	3,55

General population and housing census of 2001.

TABLE 12. CHILD mortality in lithuania in 2000-2003

Year	Deaths among children under 1 year of age	Deaths among children under 1 year of age per 1,000 births
girls	boys	girls	boys
2000	147	147	8,8	8,2
2001	92	158	5,9	9,7
2002	105	133	7,1	8,5
2003	87	119	5,9	7,6

TABLE 13. INFANT MORTALITY IN LITHUANIA IN 2000-2003

(deaths among infants per 1,000 births)

Year	Deaths among infants
under 1 day of age	1-6 days of age	7-27 days of age	28–365 days of age
2000	1,3	2,1	1,4	3,8
2001	1,3	1,5	1,3	3,7
2002	1,6	1,7	1,1	3,6
2003	1,1	1,5	1,1	3,1

TABLE 14. TOTAL FERTILITY RATE*

Year	Total, in Lithuania	Urban areas	Rural areas
2000	1,39	1,16	2,03
2001	1,3	1,1	1,85
2002	1,24	1,05	1,75
2003	1,26	1,08	1,75

* Total fertility rate: The average number of live-born children born to a woman passing through the child-bearing period (15-49 years) exposed at each age to the existing fertility but not exposed to mortality.