Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

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

Other comments on C111

Observation

2023

Direct Request

2023
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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.