Sensitive or controversial issues

• Author: Poleshchuk, Vadim
• Pages: 53-53

53

11 SENSITIVE OR CONTROVERSIAL ISSUES

11.1 Potential breaches of the directives at the national level

− Article 9(1) of the Equal Treatment Act permits direct discrimination on the grounds

of race and ethnicity in circumstances other than genuine and determining

occupational requirements or positive action measures. In other words, this provision

goes beyond possible exceptions provided in Articles 4 and 5 of Directive 2000/43.

See section 2.2.b of this report for analysis.

− There are no specific provisions regarding the legal standing of ‘a person who has a

legitimate interest in checking compliance with the requirements for equal treatment’

(the right to act as a representative of a victim of discrimination) in areas outside the

conciliation procedure at the Chancellor of Justice (regarding discrimination by

natural persons and legal persons in private law). This might be a breach of Article

7(2), Directive 2000/43 and Article 9(2), Directive 2000/78. As a result, Estonian

NGOs face difficulties if they want to support discrimination victims in formal

(especially court) procedures. For more details see section 6.2 of this report.

− There are no provisions in national law to guarantee that sanctions applicable to

infringements of the national anti-discrimination provisions are ‘effective,

proportionate and dissuasive’ as required by Article 15 of Directive 2000/43, and

Article 17 of Directive 2000/78. See more details in section 6.5 of this report.

11.2 Other issues of concern

− The awareness level of policy makers, legal practitioners and the general public about

principles of equality and non-discrimination remains low.

− In 2019, the number of discrimination cases was very small. Courts often prefer to

dismiss the discrimination-related arguments of the parties involved and to solve

cases with references to other provisions.

− There is no or very limited political will to deal with discrimination against certain

ethnic and linguistic groups (the Russian-speaking population) and LGBT people in

spite of some efforts by the equality bodies and courts. As a result, many of the

practical problems experience by these vulnerable groups are not solved and are not

even openly recognised by State authorities; the inaction by authorities leads to

frustration of minority representatives and does not promote tolerance in society.