Implementation of central concepts

• Author: Anu Laas
• Pages: 9-23

9

3 Implementation of central concepts

3.1 General (legal) context

3.1.1 Surveys on the definition, implementation and limits of central concepts of gender

equality law

Gender equality is poorly studied and legal studies on gender equality are rare. Gender

studies are not integrated into a basic curriculum. The Ministry of Social Affairs carries out

gender equality monitoring every three years.27 The most recent monitoring was carried

out in 2016.28

In 2015, a study on the implementation of the Gender Equality Act was produced, which

proposed indicators for impact assessment of the equality law.29 The study covered

employers’ awareness of, attitudes towards and practices when implementing the Gender

Equality Act. The general conclusion of the study is that the awareness of the Gender

Equality Act among Estonian employers is low. Only 4 % of employers claimed that they

were well aware of this law. Most respondents (46 %) had heard about the Gender Equality

Act, but did not know the contents of the law. In approximately half the situations in which

discrimination in the workplace was described, employers were unaware whether such

situations were in accordance with the law. The study shows that employer s do not fully

understand the aim of gender equality and therefore they do not see any reason to

promote or care about gender equality.

3.1.2 Other issues

Ernits’ analysis of the Estonian Constitution from the perspective of participants offers

interpretations of valid constitutional norms and the present author “participated” in the

debate on constitutional interpretation.30 Ernits (2019) provides an overview of the

interpretation and application of the equality principle by the Estonian Supreme Court.

Unfortunately, there are no cases on gender discrimination decided by the Estonian

Supreme Court.

Ernits (2019) has studied the systematicity of the constitution and the principle of equality

in the Estonian Constitution.31 ‘Ev eryone is equal before th e law’, establishes the general

fundamental right to equality, the sphere of protection of which embraces all spheres of

life. Case law has interpreted the phrasing of Article 12 of the Constitution several times.

For example, in 2002, the Constitutional Review Chamber observed, first of all, in relation

to the first sentence of Article 12(1) of the Constitution that:

‘…the Article does not expressly refer to a subjective right. It only states that

everyone is equal before the law. Nevertheless, these words embrace the right of a

person not to be treated unequally. The wording of the first sentence expresses,

27 The plan has changed and the next monitoring will be launched not before 2021. (Communication with the

Equality Policies Department.)

28 Ministry of Social Affairs (2016), Soolise võrdõiguslikkuse monitooring 2016 (Gender Equality Monitoring

2016), http://sm.ee/sites/default/files/content-

editors/Ministeeriumkontaktid/Uuringujaanaluusid/Sotsiaalvaldkond/soolisevordoiguslikkusemonitooringura

port2016.pdf.

29 Turk, P., Anniste, K., Masso, M., Karu, M., Kriger, T. (2015), Uuring Soolise võrdõiguslikkuse seaduse

rakendamisest ja indikaatorite väljaẗ̈tamine seaduse mõjude hindamiseks (Study on Implementation of

the Gender Equality Act and Proposed Indicators for Impact Assessment), Tallinn: Poliitikauuringute Keskus

Praxis, https://www.sm.ee/sites/default/files/content-

editors/Ministeeriumkontaktid/Uuringujaanaluusid/Sotsiaalvaldkond/uuringuaruanne.pdf.

30 Ernits, M. (2019), ‘Constitution as a System’ (‘Põhiseadus kui süsteem’). Dissertationes Iuridicae

Universitatis Tartuensis, No. 75. Tartu: Tartu University of Tartu Press.

31 Ernits, M. (2019), ‘Constitution as a System’ (‘Põhiseadus kui süsteem’). Dissertationes Iuridicae

Universitatis Tartuensis, No. 75. Tartu: Tartu University of Tartu Press.