Bodies for the promotion of equal treatment (Article 13 Directive 2000/43)

• Author: Poleshchuk, Vadim
• Pages: 44-48

44

7 BODIES FOR THE PROMOTION OF EQUAL TREATMENT (Article 13 Directive

2000/43)

a) Body/bodies designated for the promotion of equal treatment irrespective of

racial/ethnic origin according to Article 13 of the Racial Equality Directive

The body for the promotion of equal treatment in Estonia is the Commissioner for Gender

Equality and Equal Treatment.

The Chancellor of Justice has historically played this role and this institution still has some

obligations relating to the promotion of the principles of equality and non-discrimination in

Estonia (see below). Furthermore, this body conducts conciliation procedures (in respect

of discrimination in the private sphere).

b) Political, economic and social context of the designated body

There is no evidence of recent positive political support for the designated bodies or of

recent political hostility to or interference in the governance of the designated bodies.

As a positive trend it should be mentioned that the Estonian Government approved the

Social Welfare Development Plan for 2016–2023. The available budget of the plan is EUR

12.18 billion for 2016-2020.102 The activities envisaged by the development plan create a

more favourable general background for the work of the equality bodies aimed at

promoting the principles of equality and equal treatment.

Some concerns might be raised regarding the LGBT and ethnic minorities.

LGBT:

The Registered Partnership Act103 entered into force on 1 January 2016. No implementing

legislation has been adopted so far due to opposition from several political parties. In

practical terms, this means that protection and promotion of the rights and interests of

LGBT people cannot rely on clear and detailed legislation and many principles and

provisions of the act remain declarative or dormant. The Supreme Court has made two

judgments in 2019 that might improve the situation (see section 3.2.10 for details).

Ethnic minorities:

There is permanent public debate regarding certain ethnic and linguistic groups ( the so-

called Russian-speaking population) against the background of tense international

relations.

c) Institutional architecture

In Estonia, designated bodies form part of a body with multiple mandates.

First, for all practical purposes, the leading equality body is the Commissioner for Gender

Equality and Equal Treatment - a body that deals with equality and non-discrimination.

However, this body is also acting as a ‘contact point for cooperation between the Member

States of the European Union to facilitate the exercise of the right of free movement of the

workers who are citizens of a Member State of the European Union and of the European

Economic Area, and of their family members’ (Article 16(8) of the Equal Treatment Act).

Secondly, the Chancellor of Justice was initially solely the guardian for constitutionality and

ombudsman, but later also became an equality body (the first relevant amendments to the

102 Approval of the Social Welfare Development Plan for 2016–2023 and Action Plan thereto for 2016-2020

(‘Heaolu arengukava 2016–2023’ ja selle rakendusplaani aastateks 2016–2020 heakskiitmine), 30 June

2016, Riigi Teataja III, 05.07.2016, 18.

103 Registered Partnership Act (Kooseluseadus), 9 October 2014, RT I, 16.10.2014, 1.