Key issues
- The Gender Equality and Equal Opportunities draft legislation has been completed, garnering praise from NGOs as it would eliminate hierarchy between characteristics, expand the circle of protected persons, and add competences to the Gender Equality and Equal Treatment Commissioner.
- Further processing of the draft legislation has been accompanied by questions and uncertainty.
Restricting hate speech remains important for the protection of minorities, but the state has not taken any steps to do so during the observed period.
The area of equal treatment can be viewed through very different target groups and minority groups. Since “Human Rights in Estonia” contains different chapters that discuss the situation in Estonia from the perspective of different characteristics and target groups, this chapter focuses primarily on legislative and institutional developments that affect many target groups in the same way.
Political and institutional developments
The question of an appropriate institutional framework for the field of equal treatment has been a topic of discussion in Estonia for years. For example, the NGOs have criticised the process of selecting the Gender Equality and Equal Treatment Commissioner[1], and there has been discussion about the possibility of combining the institutions of the Chancellor of Justice and the Gender Equality and Equal Treatment Commissioner. In 2022, an analysis commissioned by the Ministry of Social Affairs was completed, which discussed both sectoral laws and opportunities for combining the two institutions. At the time, the analysis concluded that both institutions should remain separate and independent.[2]
In June 2025, the Minister of Justice and Digital Affairs Liisa Pakosta (of the political party Estonia 200) brought up the topic of combining the institutions. Her main argument was that it would be clearer for the people. Combining the institutions would mean that people would have one point of contact where their concerns would be addressed.[3] The Gender Equality and Equal Treatment Commissioner Christina Veske, however, pointed out the shortcomings of the idea. He acknowledged that the merger may seem practical at a first glance, but the danger is that the focus can move away from issues of equality, also, the different competencies of the Chancellor of Justice and the Gender Equality and Equal Treatment Commissioner may begin to compete when under a single roof. Additionally, obligations stemming from the European Union law, and the principle that the institution of the Gender Equality and Equal Treatment Commissioner must have sufficient resources, be independent and autonomous, must also be taken into consideration.[4]
The 2023 coalition agreement between the Estonian Reform Party, Estonia 200 and the Social Democratic Party reorganised the division of labour among ministries and ministers. The field of equal treatment was transferred from the Ministry of Social Affairs to the competence of the Ministry of Economic Affairs and Communications.[5] Two years is a rather short time to assess the impact of restructuring. And yet, in this period, the ministry unexpectedly cancelled the already announced procurement of the Diverse Employer Label[6], and the announcement of the strategic partnership competition in the field of equal treatment was delayed for almost half a year. From the perspective of the vitality and sustainability of the field of equal treatment, it is important that the funding of the field is stable and clear.
There is also the aspect of societal visibility and valuing the topic. The Gender Equality and Equal Treatment Commissioner makes a separate recommendation in his annual report to the Ministry of Economic Affairs and Communications: “The minister responsible for equality should express their responsibility to the field both in public communication and in substance, when communicating and taking interest in the activities of the partners in the field and the situation of the interest groups.” The Commissioner further acknowledges that the expectation of institutions and organisations operating in the field is for the minister to take responsibility for the subject, lead the field and engage with the public, the partners and interest groups.[7]
Legislative developments
On 23 May 2024, the then Minister of Social Protection, Signe Riisalo, sent the draft legislation of the Gender Equality and Equal Opportunities Act (SVVS) to state institutions and interest groups for coordination and opinion gathering.[8] The purpose of this was to consolidate the protection and promotion obligations of equality rights regulated so far by two acts (the Equal Treatment Act and the Gender Equality Act) into one act to improve legal protection and legal clarity.
The NGOs belonging to the equal treatment network recognised the state for completing the new draft legislation.[9] Firstly, the draft had been preceded by a thorough engagement. Secondly, the draft contains several aspects that would take the field of equal opportunities in Estonia to a new level, offering more protection to various minority groups and promoting the principles of equality in various areas. For example, the new act would abolish the existing hierarchy, which gives different levels of protection to different minority groups. The current Equal Treatment Act only provides protection on the grounds of religion, belief, age, disability, and sexual orientation in the field of employment and vocational training. The new law provides equal protection for all groups listed in the act.
The draft legislation also intends to expand and specify the list of protected characteristics. For example, the characteristics covered by the umbrella term of gender were added: gender identity, gender expression and sexual characteristics, and the health status associated with the disability field, but not fully covered by the term, was extended. In addition, the list of characteristics is supplemented by what is mentioned in § 12 of the Constitution: language, origin, property, or social status. Unlike in current acts, the list of characteristics is left open, similar to the Constitution, however, it is specified that it also includes other objectively identifiable real or presumed characteristics related to a person that may form a basis for prejudice, exclusion or stigmatisation formed in social, political, or institutional practices.
The draft legislation also concerns the competence of the Gender Equality and Equal Treatment Commissioner. The Commissioner would be provided a clear competence to make suggestions on draft legislation, and the opportunity to make recommendations to important national documents. The Commissioner would also have the right to go to court to protect the rights of individuals with their consent and on their behalf.
The task of merging the Gender Equality Act and the Equal Treatment Act transferred to the responsibility of the Minister of Justice and Digital Affairs on 15 August 2024. In November it became apparent that the Ministry of Justice and Digital Affairs had commissioned the draft merging the Gender Equality Act and the Equal Treatment Act from law firm Sorainen.[10] Such behaviour of the state raised questions and on 11 November 2024, members of the equal treatment network sent an appeal[11] to the ministers responsible for issues of equality policy. The letter asked for clarification on whether a new draft is being drafted or whether there is a plan to supplement the existing one. The NGOs acknowledged that since the completed draft had been introduced to the network by representatives of the Ministry of Social Affairs as well as the Ministry of Economic Affairs and Communications, commissioning a new draft and an explanatory memorandum – and from outside the state sector and with a very short period of execution – inevitably raises questions.
On 20 December 2024 the Minister of Justice and Digital Affairs, Liisa Pakosta’s response arrived. The Minister explained that there had been legal criticism and contradictory feedback during the coordination round, and that it was also necessary to analyse compliance with European Union law. Therefore, the Ministry considered it necessary to involve the private sector in the process.[12]
The further status and the next steps of the government remain unknown to the public. However, it is known that the Ministry of Justice and Digital Affairs has refused to submit the analysis completed by the law firm Sorainen to the Gender Equality and Equal Treatment Commissioner, nor is it being shared with the Ministry of Economic Affairs and Communications, whose area of governance includes promotion and coordination of equal treatment and gender equality. Minister Pakosta in turn explained that she is not sharing the document as it is a draft.[13]
Discussions and surveys
From the perspective of the well-being, inclusion and safety of minorities, it is important to have appropriate regulation capable of restricting incitement of hatred, which would find a balance between freedom of expression and minority rights. For years, there has been debate in society about the need to restrict hate speech and the appropriate legal solution. Incitement of hatred is prohibited in Estonia, but § 151 of the Penal Code prohibiting incitement of hatred is rarely used. This is because the provision’s misdemeanour component requires a concrete consequence: a threat to life, health, or property. In 2024, for example, one misdemeanour and one criminal offence were registered under § 151 of the Penal Code.[14]
In 2023, the government initiated the Act amending the Penal Code, the Code of Criminal Procedure and the Code of Misdemeanour Procedure (incitement to hatred and crimes motivated by hate)[15], which passed the first reading in Riigikogu. The draft legislation imposed punishment for persons inciting hatred in a manner that could threaten public order. However, similarly to the Gender Equality and Equal Opportunities Act, the fate of this draft is also unknown.
However, rampant hate speech remains a problem in society. The Gender Equality and Equal Treatment Commissioner admits in his annual report that the need for regulation of hate speech is confirmed by people’s appeals to their office.[16] The harmful effects of hate speech are also addressed in the Ministry of the Interior’s program “Solid internal security 2025–2028”, which states that it is important to avoid the increase of internal tensions, xenophobia and hate speech in society, as it also provides material for the implementation of Russia’s policy of division.[17]
Hate speech also causes concern for more than half the people in Estonia. The public opinion monitoring study commissioned by the Government Office examines among other things topics that cause people concern and stress. In the latest monitoring cycle (17–21 September 2025), 58% of respondents stated that they were very concerned or rather concerned about the spread of hate speech, and this number has increased within the annual monitoring cycle. As a comparison, losing one’s job or income causes nearly the same amount of stress – this is how 60% of respondents feel.[18]
Various social media hate speech monitoring projects conducted by the Estonian Human Rights Centre also confirm that hate speech is widespread in Estonia. As a part of the SafeNet project[19], 1074 clear cases of illegal hate speech were identified in Estonian-language social media within two years (2023‒2024). Overall, the most targeted group was sexual minorities (46%), followed by refugees (accounting for 16% of the incidents). The spread and intensity of hate speech is directly linked to societal and political trends. In the summer of 2024, for example, when the public’s attention was on trans issues, the number of gender-related hate speech incidents skyrocketed, accounting for 10% of all incidents, on par with racist hate speech. Therefore, the content and spread of hate speech is not just a question of limits of freedom of expression, but a broader societal decision about the need for equal treatment and protection of minorities.
Case study
Both the Gender Equality and Equal Treatment Commissioner and the Estonian Human Rights Centre have been contacted by people who have been refused accommodation services in Tallinn, as the company set a 40-year age limit for its visitors. A 48-year-old foreigner found himself in this situation, having made the booking online. Having arrived at the hostel, tired from his journey, he found himself in a situation where he was refused service because of his age. A 50-year-old from Saaremaa who approached the Estonian Human Rights Centre had found himself in a similar situation, looking for a place to stay overnight in Tallinn to catch the ferry early in the morning.
The Gender Equality and Equal Treatment Commissioner had to admit that it indeed was an unfair situation, but the limited mandate stemming from law did not afford him the opportunity to investigate the incident.[20] The age is indeed a characteristic protected by equal treatment, but only in employment relations, this protection does not extend to provision of services. The Estonian Human Rights Centre came to the same conclusion, and could not take the matter to court in the course of strategic litigation.
These incidents clearly demonstrate the need to amend the Equal Treatment Act so that it provides equal protection for all people in all areas of life. Refusing to provide services to people solely based on age is also not in accordance with Article 12 of the Constitution, which states that all people must be equal before law.
Recommendations
- Move ahead with the Gender Equality and Equal Opportunities draft legislation.
- If necessary, clarify legal and European Union law nuances.
Reopen on a national level the issues of legal regulation of incitement to hatred and hate crimes. - Include and share more information with NGOs and institutions in the field of equal treatment. The Minister of Economic Affairs and Communications could stand up for equal treatment topics more boldly and more publicly.
[1] 13 organisatsiooni ühispöördumine sotsiaalkaitseministri poole, 07.07.2015.
[2] Võrdõigusvolinik. 2025. Võrdne kohtlemine vajab oma selget häält, 12.06.2025.
[3] ERR. 2025. Pakosta liidaks võrdõigusvoliniku ja õiguskantsleri kantselei, 11.06.2025.
[4] Võrdõigusvolinik. 2025. Võrdne kohtlemine vajab oma selget häält, 12.06.2025.
[5] Riigi Teataja. 2023. Ministrite pädevus ministeeriumi juhtimisel ja ministrite vastutusvaldkonnad, 19.04.2023.
[6] ERR. 2024. MKM otsib 245 000-eurose hankega mitmekesise tööandja märgise väljaandjaid, 26.09.2024.
[7] Võrdõigusvolinik. 2025. Soolise võrdõiguslikkuse ja võrdse kohtlemise voliniku aastaraamat, 10.06.2025.
[8] Eelnõude Infosüsteem. Majandus- ja Kommunikatsiooniministeerium. 2024. Soolise võrdsuse ja võrdsete võimaluste seadus, 23.05.2024.
[9] Võrdse kohtlemise võrgustik. 2024. Võrdse kohtlemise võrgustiku arvamus soolise võrdsuse ja võrdsete võimaluste seaduse eelnõule, 13.06.2025.
[10] ERR. 2024. Riik tellis uue soolise võrdsuse seaduse eelnõu advokaadibüroolt, 20.11.2024.
[11] Võrdse kohtlemise võrgustik. 2024. Võrdse kohtlemise võrgustiku pöördumine (e-kiri), 11.11.2024.
[12] Justiits- ja digiminister. 2024. Vastus pöördumisele, Delta registreerimise number: 8-4/8777-2.20.12.2024.
[13] Eesti Rahvusringhääling. 2025. Võrdse kohtlemise saladus: riik peidab riigi eest dokumente,
07.02.2025.
[14] Justiits- ja Digiministeerium. 2024. Vastus päringule. 29.09.2025.
[15] Eelnõude infosüsteem. 2023. Karistusseadustiku, kriminaalmenetluse seadustiku ja väärteomenetluse seadustiku muutmise seadus (vaenu õhutamine ja vaenumotiiviga kuriteod), 24.05.2023.
[16] Võrdõigusvolinik. 2025. Soolise võrdõiguslikkuse ja võrdse kohtlemise voliniku aastaraamat, 10.06.2025.
[17] Siseministeerium. 2025. Kindel sisejulgeolek 2025–2028.
[18] Turu-Uuringute AS. 2025. Avaliku arvamuse seireuuring, 24. seire, 01.10.2025.
[19] INACH. 2024. SafeNet, veebis 01.09.2025.
[20] Võrdõigusvolinik. 2025. Soolise võrdõiguslikkuse ja võrdse kohtlemise voliniku aastaraamat, 10.06.2025.
