Demande directe (CEACR) - adoptée 2012, publiée 102ème session CIT (2013)

Convention (n° 111) concernant la discrimination (emploi et profession), 1958 - Estonie (Ratification: 2005)

Article 1(1)(a) of the Convention. Prohibited grounds of discrimination. The Committee recalls the anti-discrimination provisions of the Equal Treatment Act of 2008 and the Public Service Act of 1995. The Committee notes the Government’s information submitted under the Equal Remuneration Convention, 1951 (No. 100), that the new Public Service Act was adopted in June 2012, and will enter into force on 1 April 2013. The Government indicates that a reference to equal treatment between men and women in the new Public Service Act is only made in a section which provides that public offices shall ensure the protection of the public against discrimination. The Committee also notes the Government’s indication that the term “religious or other beliefs” of the Equal Treatment Act covers all possible views and ideas that a person may have. However, in order to bring it into conformity with section 12 of the Constitution which prohibits discrimination based on political or other beliefs, the Chancellor of Justice suggested that the Ministry of Social Affairs initiated amending the Equal Treatment Act. The Committee also notes that the Government did not provide any information on the measures taken or envisaged in law or in practice to address discrimination on the ground of social origin. With respect to the ground of “nationality (ethnic origin)”, the Committee notes the Government’s indication that the term nationality is unambiguously connected with ethnic origin, and that less favourable treatment of a person with the same citizenship but different ethnic origin would be considered direct discrimination under the Equal Treatment Act. Recalling that national extraction also covers distinctions on a person’s place of birth, ancestry or foreign origin, the Committee asks the Government to confirm that discrimination based on “nationality (ethnic origin)” covers such distinctions. The Committee also asks the Government to provide information on any progress made with regard to including the explicit prohibition of discrimination based on political opinion and social origin in employment and occupation in its legislation, including the Equal Treatment Act and the Public Service Act. It further asks the Government to take the necessary measures to ensure protection against discrimination on at least all the grounds enumerated in Article 1(1)(a) of the Convention in law and in practice, including political opinion and social origin. Please forward a copy of the Public Service Act of 2012.

All aspects of employment. The Committee notes the Government’s indication that an internal inter-ministerial non-formal working group has been set up in order to ensure the prohibition of discrimination on all the grounds enumerated in the Equal Treatment Act in all aspects of employment, including education and social protection. The Committee asks the Government to provide detailed information on the activities of the internal inter-ministerial non formal working group, and the results achieved.

Article 1(1)(b). Additional grounds of discrimination. The Committee notes the Government’s indication concerning section 2(3) of the Equal Treatment Act that the grounds listed in the Equal Treatment Act are not exhaustive, and that the application of other Acts prohibiting discrimination based on other grounds are not precluded. The Committee asks the Government to provide information on the practical application of section 2(3) of the Equal Treatment Act, including any relevant judicial decisions concerning discrimination on the grounds of family-related duties, social status, representation of the interests of employees or membership in an organization of employees, level of language proficiency or duty to serve in defence forces.

Article 2. Measures to promote gender equality. The Committee notes the information provided by the Government on various activities carried out under the Promotion of Gender Equality Programme (2008–10), including publications, awareness-raising campaigns, and the Gender Equality Monitoring Survey Report in 2012–13. A report of the survey entitled “Gender Equality and Inequality: Attitudes and Situation in Estonia in 2009” shows that in Estonia’s labour market, there is a firmly established division between female and male occupations and industries, as well as perpetuated gender stereotypes. With regard to the implementation of the Gender Equality Act, the Committee notes that the Promotion of Gender Equality Programme (2011–13) is being implemented, and includes a media campaign to address gender stereotypes, and training for lawyers, judges, members of labour dispute committees and law faculty members on the implementation of the Gender Equality Act. The Committee also notes the Government’s indication that five ministries have not yet conducted a gender impact analysis. However, there is no overview of any measures taken by the State and local government agencies or employers to promote gender equality, or temporary special measures according to sections 9, 11, and 5(2)(5) respectively, of the Gender Equality Act. Recalling the persistent gender-based occupational segregation and gender stereotypes about the roles of women and men at work and in the family, the Committee asks the Government to continue to take measures to overcome stereotypes and to promote women’s and men’s access to a wider range of occupations and industries. It also asks the Government to provide information on the implementation of the Gender Equality Act and the Promotion of Gender Equality Programme 2011–13, including practical measures taken by the State and local government agencies and employers, or any special temporary measures, as well as their impact on the situation of women and men in the labour market. Please also continue to provide statistical information on the participation of men and women in the labour market, according to industry and occupation.

Article 1(2). Inherent requirements of the job. The Committee recalls that the exception under Article 1(2) of the Convention must be interpreted restrictively, and any limitation must be required by the characteristics of the particular job, in proportion to its inherent requirements (General Survey on fundamental Conventions, 2012, paragraphs 827 and 828). The Committee also recalls Regulation No. 105 of 26 June 2008, made under the Language Act, which provides for the required language proficiency level for public servants, employees of state agencies administered by government agencies and of local government agencies, etc., as well as for employees of companies and non-profit organizations. The Committee notes that under the Language Act, the language inspectorate has the right to check the knowledge of the Estonian language of public servants, employees and self-employed, and to request the public servants and employees who do not meet the proficiency levels to take the language proficiency examination (section 6(2)), as well as the right to make a proposal to an employer or to a person who is in charge of appointing public servants to terminate an employment contract or to release a public servant from office, if the employee or the public servant does not know Estonian at required levels (section 6(3)). Failure by an employer to apply the language proficiency requirements and violation of the language proficiency requirements by a public servant or an employee is punishable by a fine of up to 200 fine units (section 26-4). The Committee notes that a request to review the language proficiency examination result can be filed with the Ministry of Education and Research (section 5-1(4)). Statistical information provided by the Government on the assessments conducted by the language inspectorate during the period 2004–10 indicates that 96 per cent of the total cases assessed were violations of the Language Act; in 5 per cent of these cases of violation, punishment was imposed, while for other cases, a warning has been issued or a precept to raise their language proficiency to the legally required level was issued. The Committee also notes the Government’s indication that in the context of the Integration Programme 2008–13, the Estonian language is important for ensuring equal opportunities in education and the labour market for ethnic minorities. In this connection, the Committee notes that the United Nations Committee on Economic, Social and Cultural Rights, in its concluding observations of 16 December 2011, called on the Government to ensure that language requirements in relation to employment are linked to the needs for the performance of each individual job, so as to avoid discrimination on the basis of language (E/C.12/EST/CO/2, 16 December 2011, paragraph 10), and that the United Nations Committee on the Elimination of Racial Discrimination, in its concluding observations of 23 September 2010, showed concern on the strong emphasis on the Estonian language in the objectives and implementation of the integration policy, and recommends the adoption of a non-punitive approach to the promotion of the official language, and review of the role of the language inspectorate (CERD/C/EST/CO/8-9, 23 September 2010, paragraph 13). The Committee asks the Government to indicate the measures taken to ensure that workers from ethnic and national minorities are effectively protected against discrimination in employment and occupation, including measures to ensure that the examination of the levels of language proficiency does not disproportionately affect these minorities as regards access to employment and occupation, both in the private and public sectors. Please also continue to provide information on the enforcement of Regulation No. 105 of 2008 under the Language Act, including the number and nature of cases in which sanctions were imposed for non-compliance, as well as any recourse or remedial procedures provided for the cases of violation. Finally, the Committee asks the Government to provide information on the practical application of section 10(1) of the Equal Treatment Act concerning a genuine and determining occupational requirement.

Equality of opportunity and treatment with respect to race, colour and national extraction. The Committee notes the detailed information provided by the Government on language education programmes, and the Government’s indication that vocational training can be acquired in Estonian and Russian. The Committee also notes that according to the statistical information provided by the Government, the rate of unemployment among non-Estonians is as high as 23.4 per cent, while the rate of unemployment among Estonians is 13.4 per cent. The Committee encourages the Government to continue its efforts to promote equal opportunities for ethnic and national minorities, in particular, with regard to language training and vocational training opportunities, and asks the Government to provide information on the rate of participation by different ethnic and national minority groups as well as the results achieved by such measures. Please also continue to provide statistical information, disaggregated by sex, regarding the participation of the ethnic and national minority groups in the labour market, including at the different levels of the public service.

Enforcement. The Committee notes the Government’s information concerning awareness-raising activities for the public on the Equal Treatment Act and the Gender Equality Act, as well as discrimination cases examined by the Supreme Court. It also notes the Government’s indication that among 43 applications received in 2010 by the Chancellor of Justice, ten cases concerned possible discrimination under section 12(1) of the Constitution; the Chancellor of Justice was also requested to provide a legal opinion on a sexual harassment case in 2011; among 288 complaints received in 2010 by the Gender Equality and Equal Treatment Commissioner, 23 cases concerned discrimination in employment. The Committee asks the Government to continue to provide information on the number, the grounds of discrimination invoked and the outcome, including the sanctions imposed and remedies provided, of discrimination cases dealt with by the Gender Equality and Equal Treatment Commissioner, the Chancellor of Justice, and the courts. Recalling its previous comments, the Committee also asks the Government to indicate whether the labour inspectorate is authorized to supervise the application of section 3 of the Employment Contracts Act of 2008, which provides for the employers’ obligation to ensure the protection of employees against discrimination.