Personal and material scope

• Author: Poleshchuk, Vadim
• Pages: 21-25

21

3 PERSONAL AND MATERIAL SCOPE

3.1 Personal scope

3.1.1 EU and non-EU nationals (Recital 13 and Article 3(2), Directive 2000/43

and Recital 12 and Article 3(2), Directive 2000/78)

In Estonia, there are no residence, citizenship/nationality or legal status requirements for

protection under the relevant national laws transposing the directives.

According to the formal interpretation of relevant legal provisions, those with an irregular

status are entitled to the protection of the directives.

3.1.2 Natural and legal persons (Recital 16, Directive 2000/43)

a) Protection against discrimination

In Estonia, the personal scope of anti-discrimination law covers only natural persons for

the purpose of protection against discrimination. Judicial interpretation is required to clarify

whether legal persons could potentially be protected by anti-discrimination law.

The general anti-discrimination clause of the Constitution (Article 12) seems to cover both

natural and legal persons for the purpose of protection against discrimination. The

Supreme Court recognised equality before the law (the first sentence of Article 12 of the

Constitution) as a right belonging to both natural and legal persons.39 There have been no

similar cases as regards prohibition of discrimination (the second sentence of Article 12 of

the Constitution).

The Equal Treatment Act (which was adopted to transpose Directives 2000/43 and

2000/78) uses the term ‘persons’ (isikud). Article 2, which deals with the scope of

application of the law, seems to refer to natural persons (unless proven otherwise by

Estonian judiciary in future case law). The same law provides for definitions of ‘an

employee’ (using the term ‘a person’) and ‘an employer’ (using the phrase ‘a natural or

legal person’). Article 24(1) (right to compensation for damage) refers to the rights of a

person (isik).

b) Liability for discrimination

In Estonia, the personal scope of anti-discrimination law covers all natural and legal

persons for the purpose of liability for discrimination (Articles 2 and 24(1) of the Equal

Treatment Act).

3.1.3 Private and public sector including public bodies (Article 3(1))

a) Protection against discrimination

The Equal Treatment Act (Articles 2 and 24(1)) and other relevant provisions are applicable

to both private and public sectors without any limitations (including those relating to public

bodies).

39 Constitutional Review Chamber of the Supreme Court, Decision of 6 March 2002 in case 3-4-1-1-02

(Petition of the Tallinn Circuit Court to declare the second sentence of Article 18(8) of Value Added Tax Act

invalid); published in RT III 2002, 8, 74, para. 13.