Procedures by Which Children may be Involved in Activities (Events) Concerned with the Demonstration of Outer Appearance

Issued pursuant to
Section 50.¹, Paragraph four of the
Protection of the Rights of the Child Law

1. These Regulations prescribe the procedures by which children may be involved in activities (events) concerned with the demonstration of outer appearance (for example, modelling school, demonstration of clothes and advertising of goods) (hereinafter - event).

2. These Regulations shall not apply to professionally oriented education programmes or extracurricular education programmes implemented in educational establishments, work placement services, the employment of children in cultural, arts, sports and advertising events in accordance with the regulatory enactments governing employment legal relations, and to events which are organised in State or local government authorities, except the restrictions referred to in Paragraph 13 of these Regulations.

3. The involvement of children in an event shall be permissible if there is a written agreement provided by at least one of the parents of a child, a guardian thereof or the Orphan's Court, if the child is placed into a foster family (hereinafter - legal representative).

4. A natural person or legal person who is employed in the involvement of children in events (hereinafter - natural person or legal person) may involve a child in an event if he or she:

4.1. is a merchant, a self-employed person, an association or a foundation;

4.2. in accordance with the regulatory enactments regarding the data protection of natural persons, performs or wishes to commence the processing of personal data and has registered this with the State Data Inspection or has a specialist of personal data protection who is registered in the Register of the State Data Inspection; and,

4.3. has not committed a violation of children's rights within the last three years.

5. A natural person or legal person may co-operate with foreign natural persons or legal persons involving children in events (hereinafter - foreign partner), by entering into a written co-operation agreement.

6. A natural person or legal person shall ensure the following:

6.1. the opportunity for the legal representative of a child to participate in an event or, with the written agreement of the legal representative of a child - for another person of legal age;

6.2. observation of the requirements of data protection of natural persons;

6.3. the safety of the child during an event;

6.4. the opportunity for the legal representative of the child to acquaint themselves with the documentation confirming the fulfilment of the requirements referred to in Paragraph 4 and Sub-paragraph 13.6 of these Regulations; and

6.5. the opportunity at any time at the request of the legal representative of a child to acquaint themselves with copies of the contracts entered into regarding the involvement of the child in an event, visual or other materials which are associated with the participation of the child in an event, the distribution, demonstration or other utilisation of the materials thereof and co-operation agreements which have been entered into by a natural person or a legal person with co-operation partners in Latvia or with foreign partners and which affect the rights or lawful interests of a child.

7. Prior to the entering into a contract in respect of the involvement of a child in an event, a natural person or a legal person shall inform the legal representative of the child regarding:

7.1. the type of activities of the natural person or legal person, the experience and co-operation agreements entered into with Latvian or foreign partners regarding the involvement of children in events;

7.2. the procedures by which the co-operation of a natural person or legal person with a child and the legal representative thereof shall take place, and the procedures for entering into a contract regarding the involvement of a child in an event;

7.3. the procedures by which personal data shall be utilised, which are acquired in connection with the participation of a child in an event (for example, photographs, video material and questionnaires); and

7.4. the options for health insurance.

8. If the information referred to in Paragraph 7 of these Regulations is indicated in a contract regarding the involvement of a child in an event, a natural person or legal person need not inform the legal representative of the child in writing.

9. A natural person or a legal person shall enter into a contract with the legal representative of a child regarding the involvement of the child in an event. A contract shall specify:

9.1. the given name, surname or name of a natural person or legal person, the personal identity number or registration number and the declared or legal address thereof;

9.2. the subject-matter of the contract;

9.3. the duties and rights of the parties;

9.4. the type of event in which the child is to be involved;

9.5. the procedures by which personal data shall be utilised, which are acquired in connection with the participation of the child in an event (for example, photographs, video material and questionnaires);

9.6. the procedures for the settling of accounts of the parties;

9.7. the time period of operation of the contract;

9.8. the liability of the parties if contract obligations are not being fulfilled;

9.9. the confirmation of the natural person or legal person who has entered into a co-operation agreement with a Latvian or foreign partner regarding the conformity of the Latvian or foreign partner with the requirements specified in the regulatory enactments governing the field of the rights of the child; and

9.10. the confirmation of the legal representative of a child that a family physician has performed the prophylactic examination of the child at the site of the physician's practice, not later than one year prior to the entering into a contract regarding the involvement of a child in an event, including the examination of the conformity of the body mass with the age of the child, and that subsequently the prophylactic examination of the child shall be performed once a year at the site of the physician's practice, if the time period of operation of the contract exceeds one year.

10. It shall be prohibited to include the following in a contract regarding the involvement of a child in an event, which is entered into by a natural person or legal person with the legal representative of the child:

10.1. provisions restricting the rights of the child to an education, social rights and rights to social security, rights to protection from exploitation and violence, or other provisions which harm the health or morality of the child or restrict the fundamental rights of the child;

10.2. provisions which due to disproportionate financial sanctions or other reasons do not allow the legal representative of the child to:

10.2.1. decline from the offered participation in the event if the child or the legal representative thereof considers that it may harm the rights and interests of the child; and

10.2.2. discontinue co-operation with the natural person or the legal person within a reasonable period of time and with reasonable conditions.

11. If a contract regarding the involvement of a child in an event or any other document is drawn up in a foreign language, a natural person or legal person shall ensure the translation thereof into a language which is understood by the child or the legal representative thereof, if requested by the child or a legal representative.

12. When entering into a contract regarding the involvement of a child in an event, a natural person or legal person shall not be allowed to prevent the legal representative the opportunity of discussing the draft contract with the aid of a third person and the ensuring of a consultation.

13. A natural person or legal person shall be prohibited from the following:

13.1. to involve a child up to the age of 16 years in a night event from 22.00 until 06.00. 6.00;

13.2. to involve a child in an event during the period of studies without the written agreement of the administration of the educational establishment, which shall be issued based on the written application of the legal representative of the child;

13.3. to involve a child in an event if it is connected with the demonstration of underwear (model selection, photographing, filming) or the participation of a child completely or partially without clothing, in a sexual pose or in clothing of an obscene nature;

13.4. to involve a child in an event in which the safety of the child may be threatened;

13.5. to place advertisements, photographs or other visual materials in which the outer appearance of a child is represented for distribution in an electronic environment, if there are opportunities for public evaluation or comments of the image in an electronic environment; and

13.6. to involve a child in an event at which the child has a direct contact with persons to whom the restrictions apply that are specified in the regulatory enactments governing the field of the rights of the child.

Prime Minister,
Minister for Children, Family and Integration Affairs V. Dombrovskis

Minister of Justice M. Segliņš

Translation © 2010 Valsts valodas centrs (State Language Centre)