| For a summary of Estonia’s review at the second cycle please click here. |
10th UPR session
Date of review: 2 February 2011
Date of report adoption: 28 March 2011
Document number: A/HRC/17/17
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SUMMARY SOGIESC issues during Estonia’s 1st UPR review |
I. SOGIESC issues/recommendations identified by NGOs
No references.
II. Excerpts on SOGIESC issues from the national report
Discrimination, racism xenophobia
56. The provisions of the Constitution are supplemented by the Gender Equality Act and the Equal Treatment Act. The Equal Treatment Act entered into force in 2009 and guarantees the protection of persons against discrimination on the basis of nationality (ethnic origin), race, colour, religion or other beliefs, age, disability or sexual orientation. The Act establishes the principle of equal treatment, tasks in implementing and promoting it and in resolving discrimination disputes. In addition, the prohibition of discrimination is also established in some special Acts, for example the Employment Contracts Act.
60. In the recent years, there has been an intensive public debate in Estonia on the issue of same-sex partnerships. The current Family Law Act establishes unequivocally that a marriage can only be contracted between a man and a woman. However, the Ministry of Justice has analysed non-marital relationships and different possibilities for regulating them. During the debates a partnership law has been mentioned as one of the possibilities but it has not yet been drafted.
61. At the same time, several institutions (including the Gender Equality and Equal Treatment Commissioner and the Chancellor of Justice) were involved in resolving a dispute concerning payment of local family benefits (child allowances) to a same-sex couple. The dispute ended with a decision of the court of appeal which declared unlawful the local government initial decision to refuse payment of the benefit. The local gay and lesbian community has expressed hope that the decision will pave the way to recognition of the rights of same-sex couples and will eventually lead to amendment of the legislation.
III. Excerpts on SOGIESC issues by UN agencies
No references.
IV. References to SOGIESC issues during the Working Group review
23. Finland asked about the measures taken to safeguard the implementation of the Equal Treatment Act in order to protect all persons against discrimination on the basis of nationality, race, colour, religion or other beliefs, age, disability or sexual orientation.
26. Belgium asked about the measures taken to strengthen respect for diversity, and to combat discrimination against homosexuals.
34. The United Kingdom of Great Britain and Northern Ireland encouraged Estonia to ensure full implementation of the Equal Treatment Act in the spheres of employment, education, prisons and health care. It asked for further information on equal rights for disabled persons and discrimination on the basis of race or sexual orientation. It encouraged Estonia to expand the work and funding of the Chancellor of Justice and the Commissioner for Gender Equality and Equal Treatment.
43. The Netherlands commended Estonia for appointing a Commissioner for Gender Equality and Equal Treatment, but noted its lack of resources as well as persisting gender disparities. It welcomed the decision of the Government to include a prohibition of discrimination based on sexual orientation in the Equal Treatment Act.
44. Spain […] welcomed Estonia’s efforts to combat gender violence, in particular the Plan for the Reduction of Violence, as well as the efforts to combat discrimination on the grounds of gender identity and sexual orientation.
54. The delegation stated that sexual minorities was included as a target group in the Ministry of Social Affairs’ development plan in the past two years. Estonia had carried out awareness-raising campaign on the rights of sexual minorities with some successful impact.
V. Conclusions and/or recommendations
Estonia accepted the following recommendations:
77.45. Take all necessary measures to combat discrimination against homosexuals (Belgium);
77.46. Develop public awareness and education programs that advance tolerance on the grounds of sexual orientation and gender identity (Netherlands);
77.47. Conduct awareness-raising programmes on gender identity and sexual orientation for civil servants, including the security forces and bodies (Spain);
79.14. Pay special attention to acts of violence against homosexuals (Belgium).
Estonia noted the following recommendations:
79.13. Develop comprehensive policy instruments based on the Yogyakarta Principles to combat discrimination against sexual minorities (Finland);
80.11. Accord the same rights and responsibilities to same-sex partners as those accorded to partners of the opposite sex (Netherlands);
80.15. Give legal recognition to same-sex relationships (United Kingdom of Great Britain and Northern Ireland);
80.16. Recognize same-sex marriages (Norway).
VI. Further information
You will find all documents relating to Estonia’s first review at UPR-Info and OHCHR’s websites.