8 - chapter

Gender Equality

Author: Marianne Meiorg

On an international level Estonia has been an advocate for gender equality for years, having been an enthusiastic supporter of several international initiatives. For example, Estonia has actively participated in the work of UN Women and when applying for the UN Human Rights Council gender equality was one of the most important points in Estonia’s campaign. Estonia continued with this approach also in the observable period of 2016–2017. Estonia’s priority during chairing the Council of Europe in 2016 was gender equality, which is why a high-level conference took place in Tallinn in June of 2016, where the Council of Europe’s Gender Equality Strategy was reviewed and its effect this far was assessed as well as its future.[1] Gender equality has also been one of the most important keywords during the Estonian Presidency of the Council of the European Union.[2] The topic of combining work and family life has been an important topic at several meetings on different levels[3] and talks on the new Directive on work and family life are to begin as well.[4]

Indeed, while Estonian government could earlier be criticised over the fact that their foreign policy and their domestic policy largely departed on the topic of equal treatment, developments in the past two years show that there are new trends in the domestic policy. Even though the surveys show that changes in the society are slow to take root, the legislative and political changes have taken huge strides in the past years.

Political and institutional developments

One of the greatest developments in gender equality undoubtedly is the adoption of the “Welfare Development Plan 2016–2023” and its implementation plan on June 30th, 2016.[5] The sub-objective no 4 deals with promoting and achieving gender equality. It charts the current situation and sets goals to achieve in order to fix the situation and prescribes specific measures for achieving these goals.[6] The problems that the gender equality programme is dealing with are: small portion of women in comparison to men on decision-making and management level, gender pay gap, gender stereotypes and reproduction of stereotypes, which also influences women’s opportunities on the labour market, the Equal Treatment Commissioner’s low capability, shortcomings in gender mainstreaming, officials’ and other relevant specialists’ low level of awareness of gender equality and women’s low level of awareness of their rights and opportunities in standing up to their rights.

However, perhaps the most important fact is that the development plan prescribes funding these measures from state budgets, Europe’s structural funds and Norwegian financial mechanisms, which actually guarantees implementation of these measures and reaching the goals. Unfortunately, at the moment, the funding in the full extent is guaranteed only until 2020 when the current period of Europe’s structural funds ends. On 27 September 2017 Rait Kuuse, the Deputy Secretary General on Social Policy at the Ministry of Social Affairs admitted at the discussion day organised for the partners that this probably means giving up something in the development plan, but did not specify in what area and to what extent.

Real activities have been initiated as a result of the Development Plan. One of the more important ones is the Ministry of Social Affairs’ plan to give the Labour Inspectorate a new obligation – to enforce state monitoring of equal remuneration for equal work for women and men based on principle of equality.  For that purpose, the Ministry of Social Affairs is to develop the draft act to the Gender Equality Act, which should be ready by the end of 2017.[7] The Labour Inspectorate is parallelly also working on methods for equal remuneration and pay gap and simultaneously advising employers on promoting equal remuneration.

The previous Human Rights report predicted that after the end of Norwegian/EEA financial mechanisms’ period the topic of traditionally underfunding the Equality Commissioner will also surface. The Commissioner’s Annual Report does indeed indicate reduction in funding, and the reduction in funding in 2018 is primarily regarding the state budget.[8]

Legislative developments

No important amendments to the content of the Equal Treatment Act were made in the last two years, however, remarkable steps were taken towards changing the parental leave and parental benefits system. In March of 2017 the proposal for renewal was approved by the Government of the Republic[9] and in September the draft containing the first group of proposals for renewal was submitted to the Riigikogu.[10] The next steps are the adoption of the draft at the Riigikogu and developing the second draft out of the rest of the proposals for renewal.[11]

One of the most important practical outcomes of changing the parental benefit system is also the promotion of gender equality. Firstly, it is attempted via making the system more flexible, by enabling both parents to work part-time to an extent at the time of receiving parental benefits and to take leave and benefits intermittently, according to their needs. This guarantees that the parent will not be totally excluded from the labour market during parental leave and parental benefits, and allows for better combining of work and family life.[12] Secondly, the period of paternal leave and benefits is extended from ten days to thirty, irrespective of the contractual form of employment. This motivates and enables also men to stay at home in case of a child’s birth – whether with the mother or instead of her. Thirdly, both parents will have the right to take 10 days of paid child care leave a year (a total of 20 days). Hence the new system creates at least equal opportunities for both parents to equally care for the child. The fourth significant change is creating a system of equal leave and benefits for families with adopted children and foster families.

Flexibility in the parental leave and benefits systems and more favourable conditions for fathers to stay at home with the child have, according to the surveys, increased fathers’ participation in caring for children.[13] This in turn will hopefully create better opportunities on the labour market for women, as employers can no longer assume that women specifically will be the ones to stay at home with the child, which is why young women will no longer be in as vulnerable a position when applying for work.[14]

As does the renewal of parental leave and benefits, so does the establishment of maintenance allowance fund have an indirectly positive effect on gender equality. According to the statistics most of the single parents are women (92% of all single parents),[15] which is why the issues of maintenance allowance primarily influence women and their children. The maintenance allowance fund was established according to the new Family Benefits Act, which was passed and came into force in 2016 and gathers together the earlier Family Benefits Act, the Parental Benefit Act and the Maintenance Allowance Act.[16] The fund, which guarantees maintenance allowance also when it is not possible to retrieve maintenance from the other parent, is an important step towards guaranteeing men’s and women’s equal economic independence, which is also what the gender equality sub goal of the Welfare Development Plan for 2016–2023 is working towards, and also effectively ties it to the goal of increasing children’s welfare stated in Development Plan for Children and Families 2012–2020.[17] Establishment of the Maintenance Allowance is an important development as also the Minister of Social Affairs remarks: “Every fourth child in Estonia lives in a single-parent family, every fourth such child does not receive any maintenance allowance from one of the parents.” Therefore, the fund has potentially great positive effect in society.

2016 and 2017 were significant in preventing and combating violence against women. At the end of 2017 the Istanbul convention, which aims to prevent and stop violence against women and domestic violence, finally made it to Riigikogu to be ratified. The convention was signed in 2014 already, but since it took time to bring Estonian legislation into concordance with the convention, it took three years until it was ratified.[18] In order to achieve the goal of the convention various forms of violence against women and domestic violence have to be criminalised and the root causes facilitating such violence have to be actively dealt with (this includes gender-based discrimination). It has to be noted that only the members of the Conservative People’s Party of Estonia voted against its ratification.[19]

Several acts were amended in the ratification process of three years. The regulation of victim support was renewed to the greatest extent – common requirements for providing support services were established and the funding of support services in general was reorganised.[20] The Penal Code was also amended, with new necessary elements of an offence being added: disabling female genital mutilation, sexual harassment, harassing pursuit and marriage against will.[21] The explanatory memorandum also explained that the necessary activities outside the legislation are located, in addition to the Government’s Action Programme,[22] also in the Strategy for Preventing Violence[23] and the Welfare Development Plan,[24] as well as previously in the Guidelines for Development of Criminal Policy.[25]

Disputes on gender discrimination

The number of people turning to the Gender Equality and Equal Treatment Commissioner has distinctly climbed, with also petitions regarding discrimination based on gender increasing, which shows increase in awareness of the institution of the commissioner as well as gender equality. While there were 70 petitions submitted to her regarding discrimination based on gender in 2015,[26] there were nearly 160 petitions submitted on the issue in 2016.[27] Even though there is no overview on the content of these petitions, it is worth noting that the commissioner has published three opinions made in 2016–2017 relating to gender.

One of the published opinions has to do with health insurance fund’s pricing of various medical acts based on whether the patient is a transgender person or not – the price for a person with one gender identity at the time of birth and another legal gender identity at the time of the medical act was different than for a person whose birth and legal gender were the same.[28]  The commissioner detected an instance of discrimination based on gender.

The other two opinions had to do with lawfulness of a specific gender as professional requirement in various situations. In both instances the commissioner gave her view of an exception according to which gender can be considered a professional requirement. In the opinion given to the ministry the commissioner advised against stating an abstract rule and rather to prefer a rule, which allows taking specific situations into consideration.[29] Based on several inquiries, the commissioner published general guidelines for compiling job ads, noting that requiring a certain gender from applicants is generally in contradiction to the Gender Equality Act.[30]

The number of disputes regarding gender at labour dispute committees fell from 13 in 2015 to 8 in 2016.[31] Most of them had to do with pregnancy or family duties – both topics are covered by the Gender Equality Act.[32]

In one of the labour dispute committee cases the committee detected discrimination because of pregnancy. The decision of the committee was appealed to court and the court annulled detection of discrimination as well as the 3000-euro compensation for discrimination found in favour of the employee. The committee had found that giving up the employment contract during probationary period was null and void as the reason for it had not been based on the quality of employee’s work, but the employer’s lack of desire to continue an employment relationship with a pregnant employee. The court, however, found that the decision of cancellation had been done before the employer had found out about the employee’s pregnancy and the reasons for it were in concordance with the law.[33]

A keyword search for the observable period of the courts yielded six court cases concerning discrimination based on gender, pregnancy or family obligations. In just one of them a breach of the principle of equal treatment was detected in relation to redundancy of a person raising an under-three-year-old child.[34] The judgment, unfortunately, does not refer to the Gender Equality Act and bases its reasoning on only the Employment Contracts Act and its section 89 subsection 4, which obliges the employer to consider the principle of equal treatment. The court refers to the Employment Contracts Act’s sections regarding redundancy, which give employees raising an under-three-year-old child the preferential right. There are two exceptions to this preferential right: if there are other employees raising an under-three-year-old child among the persons being made redundant – in that case the employer has to make a choice among them, or if there is one employee at the position that is being made redundant the employer has to prove that it is indeed a “unique and an incomparable” position.[35] In this case none of the exceptions was applicable.

Statistics and surveys

On March 21st, 2017 the Ministry of Social Affairs presented the fifth gender equality monitoring.[36] This time, questions regarding gendered violence were not asked, which is understandable as that topic was researched in several surveys during the Norwegian/EEA financial mechanisms’ period. The topic of sexual minorities was also excluded from the monitoring. On the other hand, the gender pay gap and measures for tackling it, and the topic of electoral behaviour were added.

Monitoring indicated that generally gender equality is favoured – men and women should share responsibilities in work and family life more equally – however, traditional gender roles are resistant to change. The actual division of roles in families is still largely traditional and most of the respondents feel that women have twice the work load – unlike men they work at home as well as at work. Generally, the position of men – in society as a whole as well as in work life – is considered to be better than that of women.

With regards to the new topic – the gender pay gap – most people who had heard of it thought it was a big problem. Yet there was no agreement regarding publishing salaries, however, stating the salary / salary bracket in job ads was firmly favoured. Even though the gender pay gap in successful salary negotiations had disappeared in comparison to the previous monitoring, the opportunity to have a say in shaping the salary and the readiness to ask for a raise was evaluated to be higher for men than for women. This was also confirmed by the results of the Work Life Survey 2015.[37]

The good news on the statistics front worth mentioning is the reduction of the gender pay gap. In April of 2017 the Statistical Office announced that the gender pay gap had reduced for the third year in a row.[38] It was 20.9% in October of 2016. Interestingly enough, the pay gap was similar in private as well as in the public sector, therefore the salary scale characteristic to the public sector clearly cannot prevent the pay gap from occurring. Unfortunately, the general reduction of the pay gap does not mean uniform reduction – there were sectors, where the pay gap increased.

Gender pay gap statistics strategy for 2016–2023 developed and published by the Statistical Office in 2016 is also worth mentioning.[39] Gender pay gap is increasingly acknowledged as a problem, which is also indicated in the latest gender equality monitoring, and the non-governmental organisations are applying increasingly greater pressure to fight against it (see subsection Noteworthy public discussions), and the state has also started taking actual steps against it (see subsection Political and institutional developments).[40] This is why correct and detailed statistics on pay gap has an ever-increasing importance, in order to provide timely and effective measures to fight against it.

Good practices and noteworthy public discussions

The gender pay gap has, without a doubt, been the topic to create most discussion in the past few years. This has caused state institutions to take actual steps in fighting against the gender pay gap. The aforementioned Welfare Development Plan has a gender equality programme, which states the gender pay gap as one of its most important problem areas, and also the Statistical Office’s “Gender pay gap statistics for 2016 – 2023”.

The Ministry of Social Affairs has, for several years running, supported celebrating the Equal Treatment Day, which aims to increase awareness of the gender pay gap.[41] However, in addition to raising awareness the Ministry of Social Affairs has, with increasing regularity, started talking of the need to take specific steps in order to reduce the gender pay gap. There is a plan to give the Labour Inspectorate the right to monitor employers in this issue (see subsection Political and institutional developments). The last gender equality monitoring also researched people’s openness to publication of salary (see subsection Statistics and surveys). It is clear that various stronger methods are being thought about as well as introduced gradually.

An action plan to fight against gender pay gap has also been created with the intention of applying pressure on the state, which was signed by five organisations in April of 2017.[42] This plan proposed six measures, which would contribute to decreasing gender pay gap in Estonia. As the next step the signees to the action plan made propositions regarding the Family Benefits Act, concentrating on the need to make the role of the fathers in caring for their children more active than it had been before.[43]

As was mentioned in the introduction to this chapter, Estonia has actively been involved in the topic of combining work and family life. This has also transferred to Estonia’s domestic politics, which is where a positive initiative worth mentioning originates. As of February 2nd, 2017, it is possible for employers to apply for the Family-Friendly Employer label.[44] The label is issued by the Ministry of Social Affairs and in order to receive it employers have to conclude a programme evaluating employer’s openness and their opportunities for combining work and family life, and the employers are advised on how to create family-friendly opportunities. Therefore, this does not necessarily denote of a ready product, but the employer’s wish to develop. By September of 2017 already 43 employers had received the label.[45] On one hand, these activities were laid down already by the development plan for children and families in 2011 and its general purpose is to create more equal opportunities for women and men for work, family and private life (measure 5.1).[46] On the other hand, creating opportunities for better combining work and family life also benefit the organisations themselves, making them more flexible and competitive in the long run.[47]

An incident of violence that became public in June of 2016, which had also been captured by theatre’s security cameras, gained a lot of attention. The recording shows how the then theatre director Tiit Ojasoo beat and kicked an actress, who had worked at theatre NO99 at the time, with his hands and feet.[48] Criminal proceedings were initiated about the incident, which ended with the victim and the violator coming to an agreement.[49] Even though initially the theatre’s council refused to discuss the matter as they believed it to be a private matter, [50] it was eventually discussed due to pressure from public.[51] As a reaction to the incident coming to light ten members of the Riigikogu made a petition to the Ministry of Culture demanding Ojasoo to be removed from office of theatre director.[52] A curious fact worth remarking upon is that it was signed both by Mart and Martin Helme, both of whom fiercely spoke out against ratifying the Istanbul convention combating violence against women a year later, whereas Mart Helme also voted against it (Martin Helme failed to vote despite being present).[53] Ojasoo was not removed from office of theatre director, but he resigned on his own volition.[54]

The fierce debate that took place in the period under review regarding the Mother of the Year competition is also worth noting.[55] Precisely, it became apparent in late spring of 2017 that a candidate for mother of the year has to have at least two children and she has to have raised them with her husband. The discovered nuance created a lively debate in the Facebook group called Virginia Woolf Sind Ei Karda, which rapidly made it into media publications, as it was thought that such a condition is old-fashioned and derogatory towards single mothers and mothers in non-marital partnerships. As Eesti Naisliit (Federated Estonian Women’s Clubs) refused to change the conditions and failed to properly explain the no longer relevant conditions, an alternative Mother of the Year competition was organised. The positive fact about the entire discussion is that Estonian music scene gained a song that is both critical of the society as well as joyful. The group called Naised Köögis were inspired by the discussion and wrote the song “Aasta ema” (Mother of the Year) at record speed.[56]

In 2017 the topic of sexual harassment created public debate, which does stay outside this reporting period. Lively debate was also caused by amendment to the Penal Code in summer of 2017 stating harassing pursuit and sexual harassment as new necessary elements of an offence. In the beginning of September Eesti Ekspress brought a story to its readers about such a harassing pursuit that the police had already initiated proceedings about.[57] Since the term harassing pursuit created excitement to an extent the web constable Maarja Puna published a post about the provisions of harassing pursuit and sexual harassment and encouraged people to report to the police about activities that would suit these provisions.[58]

Recommendations

  • Guarantee that there is readiness, and the activities of the “Welfare Development Plan 2016–2023”, including those under the gender equality programme, are not cut back at the end of funding from European structural funds in 2020.
  • Continue the fight against the pay gap with more potent methods, including all the counterparties. Raising awareness is also important, but this action alone has so far not brought about the desired outcome and the pay gap remains significant.
  • Introduce stronger measures for increasing the active role of fathers in caring for children in the continued development of the Parental Benefits Act.

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[1] Ministry of Foreign Affairs. 27.05.2016. Eesti prioriteedid Euroopa Nõukogu eesistumisel [Estonia’s priorities during chairing the Council of Europe]. Available at: http://vm.ee/et/eesti-prioriteedid-euroopa-noukogu-eesistumisel

[2] Lepik, O. 11.05.2017. Eesti jätkab eesistumise ajal soolise võrdõiguslikkuse edendamisega [Estonia to keep promoting gender equality during its presidency]. Available at: http://sm.ee/et/uudised/eesti-jatkab-eesistumise-ajal-soolise-vordoiguslikkuse-edendamisega

[3] Volmer, K. 03.03.2017. Iva ja volinik Jourová arutasid töö ja pereelu ühitamise põhimõtteid ELis [Iva and Commissioner Jourová discussed principles of combining work and family life in the EU]. Available at: http://sm.ee/et/uudised/iva-ja-volinik-jourova-arutasid-too-ja-pereelu-uhitamise-pohimotteid-elis and Peets, S. 20.07.2017. ELi ministrid arutavad töö- ja pereelu ühitamise meetmeid (EPSCO) [EU ministers discuss measures on combining work and family life]. Available at: http://sm.ee/et/uudised/eli-ministrid-arutavad-too-ja-pereelu-uhitamise-meetmeid-epsco

[4] Lepik, O. 15.06.2017. Eesti alustab eesistumise ajal töö ja pereelu ühitamise direktiivi läbirääkimistega [Estonia to begin talks on the new Directive on work-life balance]. Available at: http://sm.ee/et/uudised/eesti-alustab-eesistumise-ajal-too-ja-pereelu-uhitamise-direktiivi-labiraakimistega

[5] „Heaolu arengukava 2016–2023“ ja selle rakendusplaani aastateks 2016–2020 heakskiitmine. [Approval of Welfare Development Plan 2016–2023 and its implementation plan 2016–2020]. State Gazette III, 05.07.2016, 18.

[6] Ministry of Social Affairs. 2016. Soolise võrdõiguslikkuse programm (SK03) [Gender equality programme]. Available at: http://sm.ee/sites/default/files/content-editors/Ministeerium_kontaktid/Ministeeriumi_arengukava_ja_tooplaan/soolise_vordoiguslikkuse_programm.docx

[7] Ministry of Social Affairs. 2016. Ministeeriumi arengukava ja tööplaan [Ministry’s development plan and work schedule]. Available at: http://sm.ee/sites/default/files/content-editors/Ministeerium_kontaktid/Ministeeriumi_arengukava_ja_tooplaan/tooplaanid_2017.bdoc

[8] Pakosta, L. 04.04.2017. Riigikogu põhiseaduskomisjonile voliniku tööst 2016 [To the Constitutional Committee on the Commisioner’s work 2016]. Available at: http://www.vordoigusvolinik.ee/wp-content/uploads/2017/04/aastaaruanne-2016.pdf

[9] Lepik, O. 02.03.2017. Valitsus jõudis vanemapuhkuste ja -hüvitiste süsteemi kaasajastamises kokkuleppele [Government reached an agreement regarding updating the system for parental leave and benefits]. Available at: http://sm.ee/et/uudised/valitsus-joudis-vanemapuhkuste-ja-huvitiste-susteemi-kaasajastamises-kokkuleppele

[10] Ministry of Social Affairs. 27.09.2017. Perehüvitiste seaduse ja sellega seonduvalt teiste seaduste muutmise seadus [Act amending the Family Benefits Act and other acts]. Draft act’s file no: 17-0830. Available at: https://eelnoud.valitsus.ee/main/mount/docList/3854a43e-003e-4d53-b9b1-0ca62e112ab6

[11] A more detailed content of the amendments and further developments can be observed on the home page of the Ministry of Social Affairs: http://sm.ee/et/vanemapuhkuste-ja-huvitiste-susteemi-taiustamine

[12] Vseviov, H. 25.08.2016. Kas vanemapuhkuste muudatustega saaks parandada naiste positsiooni tööturul? [Can changes to leave for parents improve women’s position on the labour market?].  Available at: https://somblogi.wordpress.com/2016/08/25/kas-vanemapuhkuste-muudatustega-saaks-parandada-naiste-positsiooni-tooturul/#more-298

[13] Vseviov, H. 09.09.2016. Isade osalemine lapse kasvatamisel on kasulik kogu perele [Fathers’ participation in raising a child beneficial for the whole family]. Available at: https://somblogi.wordpress.com/2016/09/09/isade-osalemine-lapse-kasvatamisel-on-kasulik-kogu-perele/#more-332

[14] Volmer, K. 09.02.2017. Valitsus arutas paindlikumat vanemapuhkust [Government discussed more flexible parental leave]. Available at: http://sm.ee/et/uudised/valitsus-arutas-paindlikumat-vanemapuhkust and Lepik, O. 09.08.2016. Huvigrupid toetavad paindlikumat vanemapuhkust [Interest groups support more flexible parental leave]. Available at: http://sm.ee/et/uudised/huvigrupid-toetavad-paindlikumat-vanemapuhkust

[15] Tõnurist, A. 30.01.2014. Üksikvanematest Eestis [About single parents in Estonia]. Available at: https://blog.stat.ee/2014/01/30/uksikvanematest-eestis/

[16] Perehüvitiste seadus [Family Benefits Act]. – State Gazette I, 08.07.2016, 1 … State Gazette I, 24.12.2016, 1.

[17] „Laste ja perede arengukava 2012–2020“ ning selle rakendusplaani aastateks 2012–2015 heakskiitmine [Approval of the Development Plan for Children and Families 2012 – 2020 and its implementation plan 2012–2015]. – State Gazette III, 24.10.2011, 2.

[18] Naistevastase vägivalla ja perevägivalla ennetamise ja tõkestamise Euroopa Nõukogu konventsiooni ratifitseerimise seadus [Act ratifying the Council of Europe Convention on preventing and combating violence against women and domestic violence]. – State Gazette II, 26.09.2017, 1.

[19]Riigikogu. Hääletustulemused [Voting results]. 20.09.2017 14:41. Available at: https://goo.gl/5389Zg

[20] Ohvriabi seaduse muutmise seadus [Act amending the Victim Support Act]. State Gazette I, 04.11.2016, 2.

[21] Karistusseadustiku muutmise ja sellega seonduvalt teiste seaduste muutmise seadus [Act amending the Penal Code and other acts]. State Gazette I, 26.06.2017, 69.

[22] „Vabariigi Valitsuse tegevusprogrammi 2016–2019“ kinnitamine [Authorization of Government’s Action Programme for 2016–2019]. State Gazette III, 29.12.2016, 1.

[23] „Vägivalla ennetamise strateegia 2015‒2020“ ja selle rakendusplaani aastateks 2015‒2018 heakskiitmine. [Approval of Strategy for Preventing Violence for 2015–2020 and its implementation plan 2015–2018]. State Gazette III, 03.03.2015, 1.

[24] „Heaolu arengukava 2016–2023“ ja selle rakendusplaani aastateks 2016–2020 heakskiitmine [Approval of Welfare Development Plan 2016–2023 and its implementation plan 2016–2020]. State Gazette III, 05.07.2016, 18.

[25] Kriminaalpoliitika arengusuunad aastani 2018 heakskiitmine [Approval of Guidelines for Development of Criminal Policy until 2018]. State Gazette III 2010, 26, 51.

[26] Pakosta, L. 22.03.2016. Riigikogu põhiseaduskomisjonile voliniku tööst 2015 [To the Constitutional Committee on the Commisioner’s work 2015]. Available at: http://www.vordoigusvolinik.ee/wp-content/uploads/2016/08/2015-aastaaruanne-Riigikogu-PSK.pdf

[27] Pakosta, L. 04.04.2017. Riigikogu põhiseaduskomisjonile voliniku tööst 2016 [To the Constitutional Committee on the Commisioner’s work 2016]. Available at: http://www.vordoigusvolinik.ee/wp-content/uploads/2017/04/aastaaruanne-2016.pdf

[28] Pakosta, L. 18.01.2016. Arvamus nr 43 [Opinion no 43]. Available at: http://www.vordoigusvolinik.ee/wp-content/uploads/2016/02/Arvamus-nr-43_Taastava-Kirurgia-Kliinik-AS.pdf

[29] Pakosta, L. 02.09.2016. Voliniku arvamus õigusest värvata vaid ühest soost inimesi juhul, kui eriseaduses puudub vastav reservatsioon [Commissioner’s opinion on the right to recruit persons of just one gender when there is no reservation about this in specific law]. Available at: http://www.vordoigusvolinik.ee/wp-content/uploads/2016/09/Voliniku-arvamus-õigusest-värvata-vaid-ühest-soost-inimesi-juhul-kui-eriseaduses-puudub-vastav-reservatsioon.pdf

[30] Pakosta, L. 07.07.2016. Voliniku arvamus diskrimineerivatest töökuulutustest [Commissoner’s opinion on discriminating job ads]. Available at: http://www.vordoigusvolinik.ee/wp-content/uploads/2016/07/Arvamus_diskrimineerivad_töökuulutused_07072016.pdf

[31] Labour Inspectorate. Töövaidluskomisjoni menetluses olnud ebavõrdse kohtlemisega seotud töövaidlusasjad [Labour disputes at labour dispute committees concerning unequal treatment]. Available at: http://www.ti.ee/est/meedia-trukised-statistika/statistika/toovaidlused/

[32] Ehala, K. 01.2017. Töövaidluskomisjoni menetluses olnud ebavõrdse kohtlemisega seotud töövaidlusasjad perioodil 01.01.2016 – 31.12.2016 [Labour disputes concenring unequal treatment processed at labour dispute committees in the period of 01.01.2016 – 31.12.2016]. Available at:  http://www.ti.ee/fileadmin/user_upload/dokumendid/Meedia_ja_statistika/Statistika-toeoeonnetused/Ebavordse_kohtlemise_vaidlused_2016.pdf

[33] Tartu County Court. Judgment no 2-16-7990. 21.10.2016.

[34] Tartu Circuit Court. Judgment no 2-16-562/19. 28.11.2016.

[35] Tartu Circuit Court. Judgment no 2-16-562/19. 28.11.2016). page 5.

[36] Turu-uuringute AS. 11.2016. Soolise võrdõiguslikkuse monitooring 2016 [Gender equality monitoring 2016]. Elanikkonna küsitlusuuringu raport [Population survey report]. Available at: http://sm.ee/sites/default/files/content-editors/Ministeerium_kontaktid/Uuringu_ja_analuusid/Sotsiaalvaldkond/soolise_vordoiguslikkuse_monitooringu_raport_2016.pdf

[37] Kaldmäe, L. (ed.). 2017. Eesti tööelu-uuring 2015 [Estonian work life survey 2015]. Collection of articles. Sotsiaalministeeriumi toimetised no 1/2017. Available at: http://sm.ee/sites/default/files/content-editors/Ministeerium_kontaktid/Uuringu_ja_analuusid/eesti_tooelu_uuring_2015.pdf, lk 51.

[38] Maasoo, K. 28.04.2017. Sooline palgalõhe vähenes kolmandat aastat järjest [Gender pay gap decreased for third year in a row]. Press release no 45. Statistikaamet. Available at: https://www.stat.ee/pressiteade-2017-045

[39] Statistical Office. 2016. Palgalõhe statistika strateegia 2016–2023 [Strategy for pay gap statistics 2016–2023]. Available at: https://www.sm.ee/sites/default/files/content-editors/Sotsiaal/Norra/palgalohe_statistika_strateegia_2016-2023.pdf

[40] Also see “Vabariigi Valitsuse tegevusprogrammi 2016–2019” kinnitamine [Authorization of Government’s Action Programme for 2016–2019]. State Gazette III, 29.12.2016, 1, section 2.3 and 10.9.

[41] Lepik, O. 13.04.2016. Täna tähistatakse võrdse palga päeva [Equal Pay Day is celebrated today]. Available at: http://sm.ee/et/uudised/tana-tahistatakse-vordse-palga-paeva and Peets, S. 10.04.2017 Täna, 10. aprillil, tähistatakse Eestis võrdse palga päeva [Today, on April 10th is Equal Pay Day in Estonia]. Available at: http://sm.ee/et/uudised/tana-10-aprillil-tahistatakse-eestis-vordse-palga-paeva

[42] Estonian Human Rights Centre. 10.04.2017. Allkirjastasime palgalõhe vastu!plaani [We signed the plan to fight against gender pay gap]. Available at: https://humanrights.ee/2017/04/allkirjastasime-palgalohe-vastuplaani/

[43] Estonian Human Rights Centre. 7.09.2017. Palgalõhe vastu!plaan esitas ettepanekud perehüvitiste seadusesse [The plan to fight against pay gap submitted its proposals to the Family Fenefits Act]. Available at: https://humanrights.ee/2017/09/palgalohe-vastuplaan-esitas-ettepanekud-perehuvitiste-seadusesse/

[44] Ministry of Social Affairs. 02.02.2017. Tänasest saab hakata taotlema peresõbraliku tööandja märgist [As of today it is possible to apply for the Family-Friendly Employer label]. Available at: http://sm.ee/et/uudised/tanasest-saab-hakata-taotlema-peresobraliku-tooandja-margist

[45] Lepik. O. 12.09.2017. 43 tööandjat sai peresõbraliku tööandja algmärgise [43 employers received the Family-Friendly Employer Label]. Available at: http://sm.ee/et/uudised/43-tooandjat-sai-peresobraliku-tooandja-algmargise

[46] „Laste ja perede arengukava 2012–2020“ ning selle rakendusplaani aastateks 2012–2015 heakskiitmine. [Approval of Development Plan for Children and Families for 2012–2020 and its implementation plan 2012–2015]. State Gazette III, 24.10.2011, 2.

[47] See for example O’Connell, P. J. and Russell, H. 2005. Equality at Work? Workplace Equality Policies, Flexible Working Arrangements and the Quality of Work. The Equality Authority“. Ireland. Available at: https://www.ihrec.ie/download/pdf/equality_at_work.pdf. Pages 24-26.

[48] Ibrus, K. 10.06.2016. Avalikkus taunib NO99 olematut reaktsiooni Ojasoo vägivallale [The public condemns non-existent reaction of NO99]. Päevaleht. Available at: http://epl.delfi.ee/news/eesti/avalikkus-taunib-no99-olematut-reaktsiooni-ojasoo-vagivallale?id=74772837

[49] Talve, T. 11.06.2016 Kriminaalasjast pääsenud Ojasoo peab pool aastat täitma ohvri soove [Ojasoo who escaped criminal proceedings must fulfil victim’s wishes for six months]. Õhtuleht. Available at: https://www.ohtuleht.ee/739031/kriminaalasjast-paasenud-ojasoo-peab-pool-aastat-taitma-ohvri-soove

[50] Saavik, S. 09.06.2016. Arro: NO99 nõukogu pole Ojasoo vägivallatsemist arutanud [Arro: NO99’s council has not discussed Ojasoo’s violent incident]. Eesti Rahvusringhääling. Available at: https://etv.err.ee/v/eesti/bb06ffc6-f99a-4fef-ad36-7a8394762572/arro-no99-noukogu-pole-ojasoo-vagivallatsemist-arutanud

[51] Luts, P. and Nael, K. 10.06.2016. Ojasoo peab ametis jätkamiseks läbima psühholoogilise nõustamise programme [Ojasoo must complete a psychological counselling programme in order to continue in his position]. Eesti Rahvusringhääling. Available at: http://www.err.ee/561454/ojasoo-peab-ametis-jatkamiseks-labima-psuhholoogilise-noustamise-programmi

[52] Helend-Aaviku, K. 15.06.2016. Riigikogulased soovivad näitlejannat peksnud Tiit Ojasoo ametist lahkumist [Members of the Riigikogu want Tiit Ojasoo who kicked an actress to resign]. Õhtuleht. Available at: https://www.ohtuleht.ee/739577/riigikogulased-soovivad-naitlejannat-peksnud-tiit-ojasoo-ametist-lahkumist

[53] Riigikogu. 28.10.2017. Hääletustulemused [Voting results]. 20.09.2017 14:41. Available at: https://goo.gl/5389Zg

[54] Nõmm, G. 16.06.2016. Tõnis Arro ei välista, et NO99 lõpetab tegevuse [Tõnis Arro does not eliminate the possibility that NO99 might close down]. Eesti Rahvusringhääling. Available at: https://www.ohtuleht.ee/741533/tonis-arro-ei-valista-et-no99-lopetab-uldse-tegevuse

[55] Nt Kriit, K. 18.04.2017. Facebook post. Available at: https://www.facebook.com/groups/WoolfEiKarda/permalink/1640091076019160/

[56] Naised köögis. 2017. Aasta ema [Mother of the Year]. Available at: https://soundcloud.com/naised/aasta-ema

[57] Tuul, M. 13.09.2017. Väsimatu sariahistaja Leo jälitab ühe ja sama ettevõtte naistöötajaid [Tireless serial-harasser Leo hounds female workers of the same company]. Eesti Ekspress. Available at: http://ekspress.delfi.ee/kuum/vasimatu-sariahistaja-leo-jalitab-uhe-ja-sama-ettevotte-naistootajaid?id=79464034

[58] Punak, M. 22.09.2017. Facebook post. Veebikonstaabel [Web constable]. Available at: https://www.facebook.com/veebikonstaabel.maarja/posts/1430734917022886

 


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  • Marianne on töötanud võrdse kohtlemise teemadel, sh soolise võrdõiguslikkuse teemadel, alates õigusmagistrikraadi omandamisest Nottinghami ülikoolist Suurbritannias. Käesoleva aasta suvel omandas ta ka teise magistrikraadi soouuringute alal Kesk-Euroopa Ülikoolist Ungarist. Tal on laialdane kogemus inimõiguste teemal uuringute ja analüüsidega nii Euroopa Liidu kui Eesti institutsioonidele, mh ka koostöös erinevate mõttekodadega Eestis ja mujal, sh Eestis asuv Praxis ja Balti Uuringute Instituut ja Belgias asuv Milieu Ltd. Ta on hetkel EIGEnet liige, soolise võrõdiguslikkuse eksperte koondav võrgustik Euroopa soolise võrdõiguslikkuse instituudi juures.

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