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Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Estonia (RATIFICATION: 2005)

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Article 1(1)(b) of the Convention. Additional ground of discrimination. Persons with disabilities. The Committee notes that, in its 2021 concluding observations, the United Nations Committee on the Rights of Persons with Disabilities (CRPD) expressed concerns about: (1) the slow progress towards achieving inclusive education and the prevalence of special schools and classes; (2) the prevalence of sheltered employment preventing persons with disabilities from entering inclusive work environments; (3) the lack of measures taken to ensure access of persons with disabilities to the open labour market; (4) the attitudinal barriers deterring employers from hiring persons with disabilities and the physical barriers in the work environment, in particular the reported lack of accessible transportation and accessible information, including for job seekers; and (5) the lack of a comprehensive strategy against all forms of exploitation, violence and abuse against persons with disabilities, in all settings, including at school and in the workplace (CRPD/C/EST/CO/1, 5 May 2021, paragraphs 30, 32, 46 and 52). The Committee asks the Government to provide information on: (i) any measures taken to facilitate access to education and vocational training and promote employment opportunities for persons with disabilities, in particular in the open labour market; (ii) the participation rates of men and women with disabilities in education, vocational training and employment, both in the public and private sectors; and (iii) any complaints regarding employment discrimination based on disability dealt with by the labour inspectors, the courts or any other competent authorities, and their outcomes.

Article 1(1) and (2) and Article 2. Inherent requirements of the job. Language requirements. Equal opportunity and treatment. Ethnic and national minorities. The Committee notes that, according to Statistics Estonia, in 2021, the ethnic distribution of the Estonian population included 69 per cent of Estonians, 24 per cent of Russians, 2 per cent of Ukrainians and other ethnic groups represented in a smaller proportion. It notes the Government’s indication, in its report, that the “Cohesive Estonia Strategy 2030”, approved in November 2021, aims at ensuring a cohesive and inclusive society and acknowledges that one of the reasons of persistent inequalities is insufficient Estonian language training at different levels of education, which does not help to ensure adequate language proficiency and therefore leads to language-based segregation in education and the labour market. In this regard, the Committee notes the Government’s indication that: (1) several language-learning activities have been implemented by the Integration Foundation; (2) the Estonian Diversity Charter has been signed by 144 companies and institutions in the private and public sectors; and (3) the Diverse Workplace Label has been awarded to 32 organizations.

The Committee notes however that, as a result of amendments to the Language Act that entered into force in 2020, the Language Inspectorate was replaced by the Language Board which is now competent for checking the compliance with the Estonian language proficiency requirements in the public and private sectors. It notes, more particularly, that the Board has the right to: (1) 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; (2) refer an employee or civil servant whose language proficiency is not in compliance with the requirements to the language proficiency examination; or (3) issue precepts to public or private employers or their employees for the termination of the violation of the language proficiency requirements. Upon a failure to comply with such precepts, the Board can apply fines to such entities or employees. Failure by an employer to apply the language proficiency requirements is also punishable by a fine (sections 30 to 32 and 37 of the Act). Observing the repeated lack of information provided by the Government on the application in practice of the Language Act and Regulation No. 84 of 2011, which provide that language requirements are determined in accordance with the nature of work and the language situations of the job or position, the Committee notes with concern that, as a result of the amendments introduced in 2020, punitive measures upon inspecting language proficiency of employees can be imposed on both employers and employees by the Language Board. In that regard, the Committee notes that, in its 2022 concluding observations, the UN Committee on the Elimination of Racial Discrimination (CERD) expressed concern about: (1) the continued reliance on punitive elements in Estonia’s approach to the promotion of the official language, particularly in the realm of employment; and (2) the discrepancies between the employment and income levels of the Estonian and non-Estonian populations, including as a result of language proficiency (CERD/C/EST/CO/12-13, 26 May 2022, paragraphs 18 and 24). The Committee also notes that, in its 2022 report, the European Commission against Racism and Intolerance (ECRI) noted with concern that despite the education level of the Russian minority tending to exceed that of the general population, reports suggest that the performance gap between Estonian and Russian schools persists, worsening regional disparities and hindering mobility across the country because of the language barrier (ECRI, sixth monitoring cycle, 9 June 2022, paragraph 75). Recalling that the concept of inherent requirements must be interpreted restrictively and on a case-by-case basis so as to avoid an undue limitation of the protection against discrimination provided by the Convention, the Committee again asks the Government to provide information on: (i) the measures taken to ensure that language requirements do not lead to discrimination on the basis of race, colour, national extraction or social origin, in practice, in the access of ethnic and national minorities, in particular Russian-speaking minorities, to employment and occupation, both in the private and public sectors; (ii) any assessment undertaken, including in cooperation with the social partners, on the impact of language proficiency requirements on ethnic and national minorities’ access to employment and occupation; and (iii) the enforcement of Regulation No. 84 of 2011 under the Language Act, including the number and nature of cases in which sanctions were imposed on employers and employees for non-compliance of language proficiency requirements. The Committee also asks the Government to provide information on any measures implemented to ensure equality of opportunity and treatment in education, training and employment of ethnic and national minorities, including by addressing stereotypes and promoting tolerance, in the framework of the Cohesive Estonia Strategy 2030 or otherwise, and the results thereof.

Articles 2 and 3. Equality of opportunity and treatment irrespective of race, colour or national extraction. Roma people. The Committee notes that, in its 2022 report, the ECRI highlighted the lack of reliable data on the living conditions of the Roma and the challenges the community experiences in access to their basic rights, including education and employment (ECRI, 2022, paragraph 102). The Committee asks the Government to provide information on: (i) the measures taken to ensure equality of opportunity and treatment in education, training and employment for Roma people; and (ii) the participation rates of Roma people in education, and professional and vocational training courses, including their placement in “special” schools, as well as in the labour market.

Equality of opportunity and treatment between men and women. The Committee notes that, according to data from Statistics Estonia, the labour participation rate of women (67.8 per cent) remained substantially below than those of men (74.6 per cent) in 2021. Management positions in the private sector are still mainly occupied by men (64 per cent). With regard to occupational gender segregation, the Committee refers to its direct request on the application of the Equal Remuneration Convention, 1951 (No. 100) regarding the wide and persistent gender pay gap. The Committee notes the Government’s indication that: (1) several awareness-raising activities, including television series, radio shows and study materials for teachers and career counsellors, have been undertaken to address gender stereotypes and segregation in education and the labour market; (2) several projects are being elaborated with a specific focus on increasing the share of women in non-traditional fields of education and will be implemented between 2023 and 2029; and (3) the Welfare Development Plan for 2023-2030 sets as a specific sub-goal the enhancement of gender equality and equal treatment, while acknowledging that Estonia is still characterised by a high degree of vertical and horizontal occupational gender segregation, as well as persistent gender stereotypes about men’s and women’s occupational choices and roles in the society and the family. The Committee welcomes the adoption of several amendments, which entered into force in April 2022, to the national legislation with the aim of encouraging more parents to combine work and family life and especially fathers to increase their share in care responsibilities, namely: the increase in the length of paternity leave from 10 to 30 days; the allowance of 19 months of parental leave for fathers until the child turns three years old; and the right of employees to request opportunities for reconciliation of work and family life, including flexible working arrangements. The Committee asks the Government to strengthen its efforts to address vertical and horizontal occupational gender segregation and to enhance women’s access to a wider range of jobs and higher-level positions, including through measures aimed at combatting gender stereotypes. It asks the Government to provide information on: (i) any measures implemented to that end, including in cooperation with the social partners, in particular to raise awareness about gender inequalities and stereotypes; (ii) any measures implemented to encourage girls and women to choose non-traditional fields of study and professions, including in the framework of the Welfare Development Plan for 2023–30, and their results; and (iii) the participation of men and women in education, training and employment, both in the public and private sectors, disaggregated by occupation and economic sector.

Enforcement. The Committee notes from the Government’s report that: (1) the number of cases regarding discrimination in court remains low; and (2) among the 102 complaints for discrimination in employment received by the Gender Equality and Equal Treatment Commissioner (GET), in 2021, 41 cases (that is, namely 40 per cent) referred to discrimination based on gender, while 7 cases referred to discrimination based on nationality and 5 cases to discrimination based on disability. The Committee however observes that: (1) in its 2022 report, the ECRI highlighted the need to allocate sufficient human and financial resources to the GET (ECRI, sixth monitoring cycle, paragraphs 4 and 5); and (2) the CERD also expressed concern that awareness among the population at large about equal treatment legislation and the available remedies remains insufficient (CERD/C/EST/CO/12-13, 26 May 2022, paragraphs 8 and 10). The Committee asks the Government to take steps to raise public awareness of the relevant legislative provisions, the procedures and the remedies available. It also asks the Government to provide information on: (i) any steps taken or envisaged to ensure that the GET is provided with sufficient human and financial resources to be in a position to effectively fulfil its mandate; and (ii) the number and nature of cases of discrimination in employment and occupation dealt with by the labour inspectors, the GET, the courts or any other competent authorities, including information on sanctions imposed and remedies granted.

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Article 1 of the Convention. Protection against discrimination. Legislation. The Committee notes the Government’s indication, in its report, that: (1) in January 2022, a Bill amending the Equal Treatment Act (ETA) was approved by the Government and succeeded in the first reading in Riigikogu (the Parliament); and (2) amendments were being prepared for the second reading in Parliament. It notes that the Bill aims at widening the scope of protection against discrimination on the grounds of religion or belief, disability, age and sexual orientation to the same level as it is currently on the grounds of nationality (ethnic origin), race or colour, for which protection against discrimination not only covers access to employment, occupation and vocational training, as well as working conditions, but also social protection (including social security and health care and social advantages) and education (sections 2(1)(5) and (6) of the ETA). Welcoming this information, the Committee however notes the repeated lack of information provided by the Government on any steps envisaged, in law or in practice, to address discrimination on the grounds of political opinion and social origin. The Committee therefore asks the Government to take steps, in particular in the context of the revision of the Equal Treatment Act, to explicitly prohibit in the national legislation discrimination based on at least all of the grounds listed in Article 1(1)(a) of the Convention, including political opinion and social origin, in all aspects of employment and occupation. It asks the Government to provide information on any progress made in that regard.

The Committee is raising other matters in a request addressed directly to the Government.

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Article 1(1)(a) of the Convention. Prohibited grounds of discrimination. The Committee recalls its previous comments regarding the protection against discrimination in the Equal Treatment Act of 2008 based on national extraction, social origin and political opinion, and with regard to all aspects of employment, including education and social protection. The Committee notes the Government’s indication in its report that the prohibited ground of “nationality (ethnic origin)” in the Equal Treatment Act of 2008 covers distinctions based on place of birth, ancestry or foreign origin, and that the Ministry of Social Affairs has initiated the amendment of the Equal Treatment Act to strengthen the legal protection of discrimination under all grounds mentioned in the Act equally. The Government further indicates that, in light of the adoption of Directive 2014/54/EU on 16 April 2014 by the European Parliament and the Council on measures facilitating the exercise of rights conferred on workers to ensure better application at the national level of EU citizens’ right to work in another Member State, the Equal Treatment Act of 2008 will be amended to include “EU citizenship” as a protected ground of discrimination under section 1(1) of the Act. With respect to the public service, the Committee notes that section 13 of the Public Service Act of 2012 only provides in general terms that the authorities have to ensure protection against discrimination of the persons who apply to take up the service and of those who are employed in the service, follow the principle of equal treatment and promotion of equality. The Committee asks the Government to provide information on the progress made in amending the Equal Treatment Act, both in relation to extending the scope of protection to all aspects of employment and all the grounds of discrimination set out in Article 1(1)(a) of the Convention, as well as in relation to the inclusion of “EU citizenship” as a prohibited ground of discrimination. Please provide information on the practical application of the protection against discrimination on all grounds enumerated in Article 1(1)(a) of the Convention, including national extraction, political opinion and social origin, in the public and private sectors.

Article 1(2). Inherent requirements of the job. Language requirements. The Committee recalls its previous comments concerning the Language Act of 2011 which makes Estonian language proficiency a legal requirement for employees in the public and private sectors. Regarding language proficiency in the public sector, the Government indicates that such proficiency is required from employees of the public sector only at a level that is necessary to perform their employment duties (section 23(1)). With respect to the private sector, the Government refers to sections 2(2) and 23(2) of the Language Act which provide for the establishment of language proficiency requirements, if justified in the public interest, and which provide that requirements should be justified and proportional to the objective being sought and not distort the nature of the rights that are restricted. The Government further indicates that the language proficiency levels required for various categories of employees is regulated under Regulation No. 84 which provides that language requirements are determined in accordance with the nature of work and the language situations of the job or position. The Committee recalls that the language inspectorate can request employees who do not meet the proficiency levels to take the language proficiency examination (section 6(2) of the Language Act). In this regard, the Government indicates that the examination required of employees is directly related to the level of proficiency necessary for the job. The Committee notes the statistical information provided by the Government on assessments conducted by the language inspectorate in 2014 indicating that most inspections were conducted in the public sector and that 84.6 per cent of the total cases assessed were violations of the Language Act. Recalling that, under the Language Act, long-term and repeated violations of the language proficiency requirements were punishable by a fine (section 26-4), the Committee welcomes the Government’s indication that on 1 January 2015, an amendment to the Language Act entered into force, following which the language inspectorate has started to implement only non-punitive measures upon inspecting language proficiency of employees. While noting that language proficiency requirements are set at the level required for specific jobs, the Committee reiterates its request to the Government to indicate measures taken to ensure that workers from ethnic and national minorities are protected, in practice, against discrimination in employment and occupation as a result of such requirements. In this context, the Committee encourages the Government, in cooperation with the social partners, to undertake an investigation into the effect of language proficiency requirements on ethnic and national minorities’ access to employment and occupation, and to 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 in the cases of violation. The Committee further asks the Government to indicate how the effect of language proficiency requirements on ethnic and national minorities is being taken into account in the new Integration Strategy (2014–20).

Article 2. Measures to promote equality of opportunity and treatment for ethnic and national minorities. The Committee notes the Government’s indication that immigrant women tend to work in positions for which they are over-qualified and that many more immigrant women work in low-paid positions than native Estonian women. The Government provides information on various activities carried out with the aim of promoting equality of opportunity and treatment in employment and occupation, including under the “Diversity Enriches” project, which focuses on raising awareness on all grounds of discrimination referred to in the Equal Treatment Act. The Government further indicates that a new Strategy for Integration and Social Cohesion has been drafted for the period 2014–20 and a trilingual web portal was created to inform and engage the wider public. With respect to access to education and vocational training, the Committee notes the Government’s indication that the Vocational Education Institutions Act entered into force in 2013 and sets the goal of 60 per cent of instruction in all vocational secondary education programmes to be carried out in Estonian by 2020. The Government also indicates that for vocational education and training (VET) purposes, students that lack sufficient Estonian language skills to begin vocational studies are considered to have special educational needs (SEN) and VET institutions are obligated to support their SEN students through measures such as implementing individual curriculums or providing additional language training. The Committee encourages the Government to pursue efforts to address the discrepancies between the employment and income levels between the Estonian and non Estonian population, and to provide information on the rate of participation of different ethnic and national minority groups disaggregated by sex in education and various vocational training programmes and the rate of completion of such programmes. Please indicate whether other steps are being taken to ensure that national and ethnic minority groups enjoy equality of opportunity and treatment in relation to employment and occupation, including access to education and vocational training. The Committee further requests the Government to provide information on specific measures taken under the Strategy for Integration and Social Cohesion and provide an assessment of the results achieved.

Measures to promote gender equality. Noting the persistent gender-based occupational segregation and prevailing gender stereotypes about the roles of women and men at work and in the family, the Committee requested the Government to continue to take measures to overcome such stereotypes and to promote women’s and men’s access to a wider range of occupations and industries. The Committee notes from the recent statistics included in the Government’s report the continued gender segregation in the labour market and the very large employment gap between men and women with young children in comparison to men and women without children. The Government indicates that a gender equality and work–life balance programme is being implemented between 2012 and 2016, and that the Ministry of Social Affairs is developing an action plan in the areas of social security, inclusion and equal opportunities (2016–23), which includes aspects of gender equality. The Committee also notes that, an assessment of the needs as well as possible options for supporting change in the existing sharing arrangements of care responsibilities between women and men has been addressed in a Green Paper on family benefits, services and parental leave, and that policy proposals based on the Green Paper were submitted to the Government in autumn 2015. The Committee welcomes the establishment of the Gender Equality Council in 2013, which is set forth in the Gender Equality Act and functions as an advisory body to the Government on matters relating to strategies for the promotion of gender equality. In 2014, the Council ordered a thorough analysis of the implementation of the Gender Equality Act to be carried out in 2015–16, and presented to the new Parliament recommendations for the Government on promoting gender equality between 2015 and 2018. The Committee emphasizes the importance of reviewing periodically gender equality measures in order to ascertain their impact on gender equality and asks the Government whether efforts have been made to review and assess the impact of the plans and programmes to promote gender equality regarding the gender segregation of the labour market and men’s and women’s access to a wider range of occupations and industries. The Committee also requests information on activities carried out under the work–life balance programme and the action plan developed by the Ministry of Social Affairs and the impact thereof. Please continue to provide information on the activities of the Gender Equality Council, and their impact on government actions and policy. The Committee asks the Government to provide information on the results of the analysis of the implementation of the Gender Equality Act and on the status of the policy proposals based on the Green Paper on family benefits, services and parental leave.

Enforcement. The Committee notes that the number of complaints and requests for information submitted to the Gender Equality and Equal Treatment Commissioner (192) was 64 per cent higher than in 2013. Of these 192 cases, 89 concerned discrimination in labour relations, mostly concerning discrimination based on gender but also age, disability and race. Twelve complaints concerned multiple discrimination. Out of all the complaints and requests received, the Commissioner confirmed that 39 cases were based on prohibited grounds of discrimination. The Committee further notes the Government’s indication that the amount of compensation to victims of discrimination ordered by the Labour Dispute Committee has grown steadily over the years and that in 2014, the total amount of compensation to victims of discrimination was €71,000. Please continue providing information on the number, the grounds of discrimination invoked and the outcome, including the sanctions imposed and remedies granted, of discrimination cases dealt with by the Gender Equality and Equal Treatment Commissioner, the Chancellor of Justice and the courts. The Committee reiterates its request to 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.

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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.

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Article 1 of the Convention. Legislative developments. Prohibited grounds of discrimination. The Committee notes that the new Employment Contracts Act, adopted on 17 December 2008, provides that “employers shall ensure the protection of employees against discrimination, follow the principle of equal treatment and promote equality in accordance with the Equal Treatment Act and Gender Equality Act” (section 3), without specifying any prohibited grounds of discrimination. The Committee notes, however, that the Gender Equality Act of 2004 defines and prohibits direct and indirect discrimination based on sex with respect to all aspects of employment, and that the Equal Treatment Act, which was adopted on 11 December 2008, aims at ensuring the protection of persons against discrimination on the grounds of “nationality (ethnic origin), race or colour … religion or other beliefs, age, disability or sexual orientation” (section 1(1)). This Act also provides that it “does not preclude the requirements of equal treatment in labour relations on the basis of attributes not specified in section 1(1) of this Act, in particular due to 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” (section 2(3)). With respect to the prohibited grounds of discrimination enumerated in the Convention, the Committee requests the Government to take the necessary measures to include the prohibition of discrimination based on political opinion and social origin in employment and occupation in its legislation in order to give full effect to Article 1(1)(a). It further requests the Government to indicate how protection against discrimination on these two grounds is ensured in practice. With respect to the ground of “nationality (ethnic origin)”, please indicate whether this would cover distinctions between citizens of the same country on the basis of a person’s place of birth, ancestry or foreign origin. The Committee would be grateful if the Government would clarify whether section 2(3) of the Equal Treatment Act means that discrimination in employment and occupation is also prohibited on the basis 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 and, if not, to explain its purpose and meaning.

Fields covered by anti-discrimination provisions. The Committee notes that, according to section 2 of the Equal Treatment Act, the protection against discrimination covers access to employment, occupation and vocational training, as well as working conditions, including remuneration. However, it observes that whereas discrimination on the grounds of nationality (ethnic origin), race and colour is prohibited in relation to social protection (including social security and health care and social advantages) and education (section 2(1)(5) and (6)), the prohibition with respect to these fields does not apply to discrimination on the grounds of religion or other beliefs, age, disability or sexual orientation. The Committee wishes to recall that “[u]nder Article 5 of the Convention, distinctions in respect of employment-related social security, to the extent that they do not constitute a special measure of protection or assistance provided for in other international labour Conventions or are generally recognized as necessary, constitute unlawful forms of discrimination”, and that “[a]ny discriminatory treatment in respect of benefits or of conditions of entitlement to social security … should be eliminated” (Special Survey on Equality in Employment and Occupation, 1996, paragraph 113). The Committee also wishes to draw the Government’s attention to the fact that discrimination with respect to access to education will be reflected in future in the lack of equality of opportunity and treatment in respect of employment and occupation. The Committee requests the Government to indicate the measures envisaged or taken to ensure that discrimination on all the grounds enumerated in Article 1(1)(a) of the Convention is prohibited in all aspects of employment, including education and social protection.

Scope of legislation. Public service. The Committee notes that the Gender Equality Act and the Equal Treatment Act apply both to the public and private sectors. It further notes that according to the Government the Public Service Act prohibits discrimination based on sex, nationality (ethnic origin), race, colour, religion or other beliefs, age, disability, sexual orientation, level of language proficiency, duty to serve in defence forces, marital or family status, family-related duties, social status, representation of the interests of employees or membership in workers’ associations. The Committee requests the Government to take the necessary measures to ensure that the legal protection of public servants against discrimination includes discrimination based on political opinion and social origin, in accordance with Article 1(1)(a) of the Convention, and applies to all aspects of employment.

Article 2. Measures to promote gender equality. The Committee notes that the statistics provided by the Government show that occupational segregation, both horizontal and vertical, between men and women remains important in the labour market and that women are concentrated in certain sectors of the economy such as education, retail trade, health care and social work, and accommodation and food services, and only represent 8.9 per cent in the category of legislators, senior officials and managers as compared to 15.3 per cent for men. It also notes that the gender remuneration gap is significant.

The Committee notes with interest that an Estonian–French twinning project on equality between men and women was carried out in 2007 and 2008 and that it led to a compilation of European good practices and a set of guidelines for employers to promote gender equality in enterprises as regards recruitment, training and career, pay and work–life balance. The Committee notes the creation within this framework of a network of employers, representatives of workers, gender experts and other relevant actors with a view to exchanging information, experience and good practices in promoting gender equality in enterprises. The Committee also notes the Promotion of Gender Equality Programme (2008–10) which was adopted to support the results of the twinning project, and aims specifically at raising awareness of employers and workers, supporting the implementation of the gender mainstreaming strategy in the labour market and the gender equality legislation, and reducing gender stereotypes.

Recalling that gender-based occupational segregation is often linked to 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 such prejudices and stereotypes and to promote women’s access to a wider range of occupations and industries, including through awareness-raising campaigns, dissemination of the guidelines for employers on gender equality, education, vocational guidance and the development of more diversified training opportunities for women and men. It asks the Government to provide information on the implementation and the results of the Promotion of Gender Equality Programme and its impact on the situation of women and men in the labour market.

As regards the implementation of the Gender Equality Act, the Committee requests the Government to provide information on any practical measures taken by the State and local government agencies (section 9) and by employers (section 11) to promote effectively gender equality. The Committee further requests the Government to provide information on any special temporary measures taken or envisaged under section 5(2)(5) of the Gender Equality Act to promote gender equality and grant advantages for the less-represented gender or reduce gender inequality. 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. With respect to the language proficiency requirements, the Committee notes that the Government indicates that such requirements are established by Regulation No. 105 from 26 June 2008, made under the Language Act, and monitored by language inspectors. It also notes the Government’s indication that the weak knowledge of the State language prevents non-Estonians living in Estonia from finding jobs in their home regions and elsewhere in Estonia. In its previous comments, the Committee referred to the resolution of the Committee of Ministers of the Council of Europe of 2006 inviting the Government to review such requirements so as to ensure that they are realistic, clear and proportional. The Committee asks the Government to indicate if it is envisaged to examine the levels of language proficiency required for various sectors of employment, so as to ensure that they do not constitute obstacles or indirect discrimination, as regard access to employment and occupation of workers from ethnic minorities, both in the private and public sectors. Please also continue to provide information on the enforcement of these regulations, including the number and nature of cases in which sanctions were imposed for non-compliance.

Moreover, noting that under section 10(1) of the Equal Treatment Act, a difference of treatment based on a prohibited ground is not deemed to be discrimination if such ground is a genuine and determining occupational requirement, the Committee requests the Government to provide information on the application of section 10(1) in practice, indicating the grounds and the occupations concerned.

Equality of opportunity and treatment of ethnic minorities. The Committee notes the detailed information provided by the Government on the implementation of programmes and policies aimed at the integration of ethnic minorities, in particular, the project of the Integration’s Foundation “Reduction of the unemployment risk of non-Estonian speaking young people in Ida-Virumaa, Tallinn and Hajumaa through Estonian language training, professional retraining and in-service training”. The Committee notes that according to the Government’s report, the rate of unemployment among non-Estonian young people is more than twice as high as the average in Estonia. The Committee encourages the Government to pursue its efforts to promote equal opportunities of ethnic minorities, in particular with regard to access to education, including language training, vocational training opportunities and employment and occupation. It requests the Government to continue to provide information on the measures taken and the activities conducted to promote equality of opportunity and treatment of ethnic minorities as well as on the measures taken to ensure that workers from ethnic minorities are effectively protected against discrimination in employment and occupation. The Committee further requests, once again, the Government to provide statistical information, disaggregated by sex, regarding the participation of the ethnic minority groups in the labour market, including at the different levels of the public service.

Enforcement. The Committee notes the information provided by the Government regarding the number of applications received by the Gender Equality and Equal Treatment Commissioner – 40 applications concerning employment and occupation issues between January and August 2009, 19 of which concern possible cases of discrimination. The Committee also notes that, according to the Government, the number of applications made to the Chancellor of Justice is very low. Recalling that the low number of applications may be due to the lack of knowledge of the law and the enforcement mechanisms, the Committee requests the Government to indicate the measures taken to raise awareness of workers and employers and their organizations of their rights and duties under the Gender Equality Act and the Equal Treatment Act as well as of the role of the Gender Equality and Equal Treatment Commissioner and the Chancellor of Justice. The Committee requests the Government to continue to provide information on the number of discrimination cases dealt with by the above authorities, the grounds of discrimination invoked and the outcome of administrative and judicial proceedings (sanctions imposed and remedies provided). Please also provide information on the outcome of the case considered by the Supreme Court concerning possible discrimination based on sex to which the Government refers in its report. The Committee also asks the Government to provide information on the role and powers of the labour inspectorate in supervising the application of the general anti-discrimination provisions of section 3 of the new Employment Contracts Act of 2008, since section 115 of that Act, which deals with State supervision, does not seem to envisage such involvement.

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The Committee notes the Government’s first report and requests the Government to provide further information on the issues set out below.

Article 1 of the Convention. Prohibited grounds of discrimination. The Committee notes that section 10 of the Employment Contracts Act prohibits discrimination based on sex, racial origin, age, ethnic origin, level of language proficiency, disability, sexual orientation, duty to serve in defence forces, marital or family status, family-related duties, social status, representation of the interests of employees or membership in workers’ associations, political opinions or membership in a political party or religious or other beliefs. Recalling the seven grounds specifically listed in Article 1(1)(a) of the Convention, the Committee notes that the Act does not refer to national extraction, colour and social origin. However, it welcomes that the Act includes several additional grounds, as envisaged in Article 1(1)(b). The Committee requests the Government to continue to provide information on the measures taken or envisaged to address discrimination in employment and occupation on all these grounds. Recalling that where legislation is enacted to give effect to the provisions of the Convention all the grounds listed in the Convention should be included, the Committee requests the Government to clarify how protection from discrimination based on national extraction, colour and social origin is ensured.

Scope of the legislation. The Committee notes that section 7 of the Employment Contracts Act excludes certain employees and types of work from its scope, including employees falling under the Public Service Act, persons working under a service contract and work performed during imprisonment. Recalling that the Convention applies to all workers, the Committee requests the Government to provide information on the measures taken to ensure and promote equality of opportunity and treatment with respect to work excluded from the scope of the Employment Contracts Act.

Article 1(2). Inherent requirements of the job. The Committee notes that the Language Act, which regulates the use of Estonian as the state language, provides for professional language proficiency requirements. In this regard, the Committee notes that the Committee of Ministers of the Council of Europe has invited the Government to review the state language proficiency requirements in various sectors of employment so as to ensure that they are realistic, clear and proportional (Committee of Ministers Resolution ResCMN(2006)1 of 15 February 2006). The Committee requests the Government to provide detailed information on the levels of language proficiency required for the different professions and occupations in the private and public sectors, including copies of the relevant administrative regulations issued under the Language Act. It also requests the Government to provide information on the enforcement of these regulations, including the number and nature of cases in which sanctions were imposed for non-compliance.

Article 2. Gender equality. The Committee notes with interest that the Gender Equality Act 2004 requires employers to promote gender equality in their establishments. For instance, employers have an obligation to ensure that the number of men and women hired is as equal as possible and to ensure equal treatment in respect of promotion. Employers are also required to collect statistical data on the situation of men and women in the workplace. The Act provides for establishment of a Gender Equality Commissioner and a Gender Equality Council. The Committee requests the Government to provide information on the progress made in the implementation of the Gender Equality Act, including the activities of the Gender Equality Commissioner and other competent bodies to monitor compliance with the Act. It requests the Government to provide its assessment on the overall impact of the legislation on the enjoyment of equality of opportunity and treatment of men and women in the private and public sectors. Please also provide updated statistical information on the participation of men and women in the labour market, according to industry and occupation.

Equality of opportunity and treatment of ethnic minorities. The Committee notes that the Government has adopted programmes and policies aimed at the integration of ethnic minorities including through measures in the area of education and employment. The Committee requests the Government to provide further information on the implementation of the various policies and programmes targeting ethnic minorities and the impact of these measures on improving their access to education, training, including vocational training, and the participation of the different ethnic minorities in employment and occupation. It requests the Government to provide statistical information, disaggregated by sex, regarding the participation of the ethnic minority groups in the labour market, including at the different levels of the public service.

Article 3(a). Cooperation with workers’ and employers’ organizations. The Committee requests the Government to provide information on the measures taken to seek the cooperation of workers’ and employers’ organizations with a view to promoting equality in employment and occupation.

Article 4. The Committee requests the Government to provide the information indicated in the report form.

Enforcement. The Committee notes that the Labour Inspectorate is responsible for supervising the application of the Employment Contracts Act and that discrimination cases can also be dealt with by the courts, the Chancellor of Justice and the Gender Equality Commissioner. The Committee requests the Government to provide information on the cases concerning discrimination in employment and occupation addressed by these bodies. Please indicate the number of cases dealt with, the grounds of discrimination invoked and the outcome of such proceedings.