Annex 1: main transposition and anti-discrimination legislation

• Author: Poleshchuk, Vadim
• Pages: 55-56

55

ANNEX 1: MAIN TRANSPOSITION AND ANTI-DISCRIMINATION LEGISLATION

Country: Estonia

Date: 31 December 2019

Title of the law: Constitution of the Republic of Estonia (Eesti Vabariigi

põhiseadus)

Abbreviation: CRE

Date of adoption: 28 June 1992

Latest relevant amendments: 6 May 2015

Entry into force: 3 July 1992

Web link: https://www.riigiteataja.ee/en/eli/530102013003/consolide

Grounds covered: unlimited (ethnic origin, race, colour, sex, language, origin, religion,

political or other opinion, property or social status, or other grounds)129

Civil/administrative/criminal law: administrative

Material scope: Not specified

Principal content: Equality before the law; prohibition of discrimination

Title of the law: Equal Treatment Act (Võrdse kohtlemise seadus)

Abbreviation: ---

Date of adoption: 11 December 2008

Latest relevant amendments: 13 April 2017

Entry into force: 1 January 2009

Web link: https://www.riigiteataja.ee/en/eli/530102013066/consolide

Grounds covered: ethnic origin, race, colour, religion or other beliefs, age, disability or

sexual orientation

Civil/administrative/criminal law: Civil/administrative

Material scope: identical with Directives 2000/43 and 2000/78 for respective grounds

Principal content: definitions of direct and indirect discrimination, harassment, provisions

regarding victimisation, instruction to discriminate, genuine occupational requirements,

reasonable accommodation, burden of proof, positive action measures, exceptions for

associations and other public or private organisations the ethos of which is based on

religion or belief. Detailed provisions regarding one of the specialised bodies

(Commissioner for Gender Equality and Equal Treatment)

Title of the law: Chancellor of Justice Act (Õiguskantsleri seadus)

Abbreviation: ---

Date of adoption: 25 February 1999

Latest relevant amendments: 13 June 2018

Entry into force: 1 June 1999

Web link: https://www.riigiteataja.ee/en/eli/505012015001/consolide

Grounds covered: not specified (public sector); sex, race, ethnic origin, colour,

language, origin, religious, political or other belief, property or social status, age,

disability, sexual orientation or other ground of discrimination provided for in the law

(conciliation procedure, private sector)

Civil/administrative/criminal law: Administrative (with elements of civil)

Material scope: Not specified (public sector); the Chancellor will ignore discrimination-

related complaints that concern 1) the professing and practising of faith or working as a

minister of religion in religious associations with registered articles of association; 2)

relations in family or private life; 3) the exercising of the right of succession (private

sector)

Principal content: Procedure in cases of discrimination by 1) state agency, local

government agency or body, legal person in public law, natural person or legal persons

129 Article 12 of the Constitution includes an open-ended list of grounds of prohibited discrimination: Sexual

orientation and age are not specifically mentioned but both are covered.