Key issues
- Gender equality development is at a standstill according to the EIGE index.
- EU-wide initiatives encourage domestic progress towards equal pay and gender balance in the governing bodies of publicly listed companies.
- Public discussions on family policy illustrate prevalent gender stereotypes and expectations for women in society. A more substantive discussion on the issue of consent laws provides hope for creating a more supportive approach to victims.
Political and institutional developments
The national development priorities for gender equality are reflected in the new Welfare Development Plan 2023–2030[1]. One of the five sub-goals is dedicated to gender equality, together with equal opportunities. The main document and annexes of the development plan describe the current situation, challenges, and development directions in this area. Intimate partner violence and victim support are addressed in a separate chapter.
Among the challenges and development directions, the plan highlights enhancing sectoral law enforcement, changing societal attitudes to value and support gender equality, increasing economic equality between women and men, and ensuring balanced participation of women and men at all decision-making and leadership levels, etc.
In the spring of 2023, parliamentary elections took place, resulting in 30 women among the 101 members of Parliament.[2] This is the highest number of women in the Parliament to date, but it still leaves women underrepresented. Excluding the Prime Minister, the current composition of the government consists of 12 ministers, including 4 women.[3] In the previous governments led by Kaja Kallas (in office from 18.07.2022 to 17.04.2023 and from 26.01.2021 to 18.07.2022), both cabinets had a total of 6 women among the 14 ministers in each government.[4]
In the current coalition agreement, gender equality issues are mentioned in the justice matters section, which states that the Penal Code will be aligned with the Istanbul Convention to better protect victims of sexual violence (point 8), special attention will be given to reducing domestic and gender-based violence and protecting victims (points 13 and 14), the directive on pay transparency and the “gender-balanced boards“ directive will be adopted to reduce gender pay gaps (point 19). Related points can also be found in the social protection section, addressing family benefits and parental leave benefits (points 3 and 16), compensation for parents returning from parental leave for sick days and care days (point 18), and support for single parents (point 19). In the military defence section, the goal of promoting Women’s Voluntary Defence Organisation is outlined (point 8), along with the aim to double the number of women in military service (point 17).[5]
In the autumn of 2022, a new Gender Equality and Equal Treatment Commissioner (Commissioner) was appointed. Christian Veske assumed the role of the new commissioner in the beginning of 2023.[6]
Legislative developments
In the period under review, several minor amendments have come into effect or are scheduled to take effect in the Gender Equality Act. In terms of definitions, the concept of gender discrimination has been supplemented by adding circumstances related to caregiving responsibilities, and the employer’s obligations in providing explanations have been specified (in effect from 01.04.2022). § 6 (discrimination in the workplace) has also been amended with a point that clarifies the obligations of companies involved in job mediation (in effect from 01.01.2024).
As the government that took office in the spring of 2023 carried out structural changes in the functioning of ministries, corresponding normative and technical changes have been made to the Gender Equality Act.[7]
In the summer of 2023, the Ministry of Social Affairs informed its strategic partners that it is considering whether to merge the laws framing the areas of gender equality and equal treatment (Gender Equality Act and Equal Treatment Act). At the time of writing this report, there is no further information available regarding the potential merger of these laws.
In October 2022, the European Union directive aimed at achieving better gender balance in the governing bodies of publicly listed companies received final approval.[8] According to the directive, by 2026, at least 40% of non-executive director positions in listed companies should be held by members of the underrepresented sex. Estonia abstained from the final vote on the directive but did not vote against it.
In December 2022, the European Commission published a proposal for a directive establishing minimum standards for equality bodies in member states.[9] The proposal sets and specifies requirements for the services provided by equality bodies in assisting victims, obligations in promoting equal treatment, reporting activities, etc. Estonia has generally taken a supportive position towards the directive, and negotiations at the EU level are ongoing.
On 24 April 2023, the Council of the European Union adopted the so-called Pay Transparency Directive[10], aiming to ensure equal pay for equal work for women and men. According to the directive, the formation of salaries must be understandable to employees, objective and gender-neutral.
A draft law amending the regulation of hate speech has passed the first reading in the Parliament.[11] This has been a long-awaited update to the legal framework. While the draft law lists gender as a protected characteristic, it does not explicitly cover gender identity, leaving transgender individuals without explicit protection under the law.
Case law
On 15 June 2022, the Supreme Court made a decision in a case concerning the extraordinary termination of the employment contract of a mother on parental leave. The court explained that in deciding on discrimination, it must be determined whether the employee has been treated worse in the case of dismissal due to factors such as gender or gender identity, which is established in accordance with § 4 of the Gender Equality Act. According to the shared burden of proof provided in this provision, the employee must present factual circumstances based on which it can be assumed that they have been discriminated against, and the employer must prove in the proceedings that they have not violated the principle of equal treatment. Since in this case the respondent terminated the employment contract because the plaintiff was raising a child under three years old, the respondent may have discriminated against the plaintiff due to family obligations. The court also clarified that according to both the Gender Equality Act and the Equal Treatment Act, a person whose rights have been violated due to discrimination may demand a reasonable amount as compensation for non-pecuniary damage caused by the violation, taking into account factors such as the extent, duration, and nature of the discrimination. The Supreme Court sent the case back to the circuit court for reconsideration on this issue.[12]
Statistics and surveys
At the end of 2022, the Gender Equality Monitoring[13] was published, indicating progress in certain attitudes (such as a decrease in gender-specific attitudes in raising children) but stagnation in others (such as women’s experiences with discriminatory situations when applying for jobs).
In December 2022, the OECD published a report on the economic benefits of increasing gender equality in Estonia.[14] According to the report, eliminating the gender pay gap in Estonia by 2050 would result in an additional 2.3% to the Gross Domestic Product.
In 2022, the European Institute for Gender Equality (EIGE) published the Gender Equality Index[15], according to which Estonia has maintained its position but remains 17th among other European Union countries.
A report on the piloting of nudging methods to support gender-stereotype-free career choices and working conditions was commissioned by the Ministry of Social Affairs[16], aiming to influence educators and specialists at the Unemployment Insurance Fund through nudging techniques. An initial analysis was completed for the integration of gender equality and equal treatment topics into basic and continuing education of teachers.[17] The final report of the project to reduce the gender pay gap was also completed, clarifying a larger portion of the factors contributing to the gender pay gap.[18]
In 2022, the gender pay gap was 17.7%[19], and in the European comparison, Estonia continues to hold the first position.[20]
According to the men’s health behaviour survey[21] published in August 2023, 86% of men take constructive action in the case of physical health problems, but only 42% do so in the case of mental health issues. Organisational obstacles such as lack of time were cited as obstacles to seeking help from a specialist in the case of physical concerns, while emotional reasons such as embarrassment and mistrust were cited in the case of mental health concerns.
Promising practices
According to the Pay Transparency Directive, employers must carefully consider salary design and the value of work, calculate gender pay gaps, and employers with 100 or more employees will be subject to reporting obligations. To assist employers in fulfilling this soon-to-be-implemented obligation, the government is developing a digital solution called Pay Mirror, which helps reduce the administrative burden on employers.[22]
The system of strategic partnership between ministries and NGOs[23], where strategic partners in the field are selected through public application rounds, is promising. The idea of the partnership is to implement the policy of the field through advocacy organisations for several years and to support the advocacy activities and development of these organisations.
Noteworthy public discussions
In the summer of 2023, a more active discussion started again on how to make the legal regulation of sexual violence consent-based and better protect the interests of victims. While the benefits of consent-based approaches were not clear to everyone, there were also enough opinions indicating the maturation of society towards the example of the Nordic countries and supporting the modernisation of the current approach, particularly regarding the distribution of the burden of proof.[24]
Changes to the family benefits system implemented at the beginning of 2023 significantly increased family benefits from the third child onwards and introduced a gradual phasing out of benefits for adult children. The government’s steps generated considerable controversy in society, raising questions about the different valuation of families and children.[25] The new government in the spring of 2023 eased the sharp differences in the recently implemented benefits.
In August 2023, it was revealed that Pere Sihtkapital, in cooperation with University of Tartu dean Raul Eamets, had gained unauthorised access to sensitive personal data of thousands of Estonian women without the permission of the ethics committee.[26] Public discussions focused on the reputation of science and research ethics, with surprise expressed about the discriminatory sampling design.
Case description
The Gender Equality and Equal Treatment Commissioner’s office was contacted by a school psychologist who was on maternity leave and wished to return to work part-time after the end of maternity leave, partly working remotely. According to the family’s preferences, the child’s father was supposed to take parental leave. However, the employer did not agree to the requested conditions. The Commissioner’s office explained that the employee has the right to request work-life balance options, including flexible working conditions, and suggested contacting the employer in writing.[27]
Recommendations
- Women’s representation in the Parliament, government, and other decision-making positions must be increased to make more balanced decisions and choices for the entire society.
- Greater attention should be given to gender equality in the labour market through increased pay transparency and involvement of employers.
- The legal regulation of sexual violence should be amended to support the victims and redistribute the burden of proof through the creation of an adequate consent law.
[1] Sotsiaalministeerium. 2023. Heaolu arengukava 2023–2030, 23.02.2023.
[2] Vabariigi Valimiskomisjon. 2023. Valitud Riigikogu liikmed, 20.04.2023.
[3] Vabariigi Valitsuse 53. koosseis, 17.04.2023.
[4] Vabariigi Valitsuse 52. koosseis; Vabariigi Valitsuse 51. koosseis (alates 26.01.2021).
[5] Vabariigi Valitsus. 2023. Koalitsioonilepe 2023–2027.
[6] Sotsiaalministeerium. 2022. Võrdse kohtlemise volinikuks saab Christian Veske, 30.11.2022.
[7] Riigi Teataja. 2004. Soolise võrdõiguslikkuse seadus, RT I, 30.06.2023, 72.
[8] Euroopa Liidu Nõukogu. 2022. Nõukogu kiitis heaks soolise tasakaalu parandamise äriühingute juhtorganites, 17.10.2022.
[9] Euroopa Komisjon. 2022. Equality bodies – binding standards, 07.12.2022.
[10] Sotsiaalministeerium. 2023. Palkade läbipaistvuse direktiiv, 04.07.2023.
[11] Riigikogu. 2023. Karistusseadustiku, kriminaalmenetluse seadustiku ja väärteomenetluse seadustiku muutmise seadus (vaenu õhutamine ja vaenumotiiviga kuriteod) 232 SE.
[12] Riigikohtu tsiviilkolleegiumi 15.06.2022 otsus kohtuasjas nr 2-20-16369.
[13] Võrdsuskeskus. 2022. Soolise võrdõiguslikkuse monitooring 2021.
[14] Sotsiaalministeerium. 2022. OECD: Eestil oleks soolise ebavõrdsuse vähendamisest saada märkimisväärset majanduslikku kasu, 07.12.2022.
[15] Euroopa Soolise Võrdõiguslikkuse Instituut (EIGE). 2022. Gender Equality Index 2022: Estonia.
[16] Hämmal, J., Reinson, H., Karolin, A., Kruuse, K., Roosalu, T., Rüütsalu, K. 2022. Nügimismeetodite kasutamise uuring, Kantar Emor, 10.08.2022.
[17] Anniste, K., Haugas, S. 2022. Eelanalüüs soolise võrdõiguslikkuse ja võrdse kohtlemise temaatika lõimimiseks õpetajate baas- ja täienduskoolitusse. Tallinn: Poliitikauuringute Keskus Praxis.
[18] Täht, K., Roosalu, T., Unt, M., Aavik, K., Pilvre, B., Kääramees, M. 2022. Sooline palgalõhe Eestis: kujunemise tagamaad ja vähendamise võimalused. Programmi RITA tegevuse 1 projekti „Soolise palgalõhe vähendamine (REGE)“ lõpparuanne.
[19] Statistikaamet. 2023. Palgalõhe.
[20] Eurostat. 2022. Gender pay gap in unadjusted form.
[21] Hämmal, J., Karolin, A., Männik, S-L., Niit, R., Reinson, H., Rüütsalu, K. 2023. Meeste nõustamis- ja tervishoiuteenuste kasutamise uuring, Kantar Emor.
[22] Sotsiaalministeerium. 2023. Palkade läbipaistvuse direktiiv, 04.07.2023.
[23] Sotsiaalministeerium. Strateegilise partnerluse rahaline toetamine.
[24] Palm, G. 2023. Gregori Palm: Nõusoleku põhimõte lubaks vägistamisena käsitleda olukordi, kus ohver ei osutanud aktiivset vastupanu, Eesti Päevaleht, 27.07.2023; Rohtmets, E. 2023. Nõusolekuseadusest, Vikerkaar, oktoober 2023.
[25] Rahvaalgatus. 2022. Peretoetused õiglaseks!
[26] ERR. 2023. Tartu Ülikool lõpetab Raul Eametsaga töösuhte, 14.08.2023.
[27] Soolise võrdõiguslikkuse ja võrdse kohtlemise volinik. 2023. Võrdõigusvoliniku 2022. aasta tegevuse aruanne.
