Key issues
- The development of LGBT+ rights in Estonia has come to another standstill following the recent introduction of marriage equality.
- Although the 2025 regulation reformed the legal gender recognition procedure, the process of gender transition remains restricted and changes are not being implemented in practice. This violates the fundamental right to self-determination and the protection of health.
- New thematic strategies and standards at the European Union level serve as guidance for Estonia in promoting LGBT+ equality.
- Hate speech against LGBT+ people has increased both in Estonia and across Europe, while an effective legal framework for combating it is still lacking.
Political and institutional developments
In 2024, the Ministry of Economic Affairs and Communications initiated the preparation of an action plan for equal opportunities for LGBTIQ people. The aim of the action plan is to strengthen the sense of security of LGBT+ people, increase public awareness, and improve cooperation between various agencies in preventing discrimination.[1] As a result of the discussions, a general framework emerged that links LGBT+ issues with the policy areas of gender equality, health, and education. The plan is expected to be completed at the end of 2025, but its adoption has been postponed repeatedly. Until the document is approved, Estonia lacks a comprehensive national strategy that would address the rights of LGBT+ people in a consistent and measurable way.
In 2025, the European Commission adopted the 2026–2030 LGBTIQ Equality Strategy, aimed at strengthening the political responsibility of member states in ensuring equality and supporting legislative changes related to the cross-border recognition of families and the handling of hate crimes.[2] Although it is positive that the strategy was updated, stakeholders view the document as rather weak, especially considering how concerning the current situation and developments for LGBT+ people are in many European countries. In recent years, hostility, discrimination, and political setbacks targeting LGBT+ people have increased significantly in several places, yet the new strategy leaves the impression that the situation has stabilised or improved. Instead of presenting a strong and concrete response to the growing threat, the strategy is largely limited to reiterating general objectives and principles.
At the same time, the Council of Europe adopted a historic recommendation for the protection of the rights of intersex people.[3] The document provides member states with concrete guidance and directions on how to prevent discrimination and ensure bodily autonomy. Although it is not binding for member states, it nonetheless represents the first framework that countries can use to reform their legislation and practices. Since there is not enough information or good practice regarding the rights of intersex people in Estonia, this is a good opportunity to initiate progress in this area.
Legislative developments
In August 2025, a regulation[4] entered into force that reformed the procedure for obtaining the approval of the medical commission required for legal gender recognition. The new regulation took into account the wishes of stakeholders and abolished some previous requirements, making the gender transition process more flexible and less discriminatory. Gender-affirming healthcare is no longer dependent on ministerial approval, and the commission is now expected to have an advisory role. However, it appears that the changes have not been implemented in practice. The Estonian LGBT Association has received clear information from the medical commission and trans people that the provisions of the regulation currently remain mostly formalities, without actually protecting the interests of trans people. Such practice violates the fundamental right to self-determination and the protection of health.
A new draft of the Gender Equality and Equal Treatment Act is also still being prepared, with the aim of unifying anti-discrimination protections regardless of sex, gender identity, sexual orientation, or other characteristics. Although the draft was completed and had already been coordinated with stakeholders, the Ministry of Justice decided to set it aside and commission a new draft from a law firm[5], which did not involve stakeholders in accordance with good practice. In two years, the draft has still not been submitted to the Riigikogu.
The regulation of hate speech and hate crimes also remains unresolved. The draft legislation that passed its first round of consultations in 2023 stalled due to political disagreements, and public discussion has died down. Without clear regulation, there is no effective framework for prosecuting and statistically monitoring hate-motivated crimes, which means that incidents of violence targeting LGBT+ people largely go underreported and perpetrators go unpunished. This situation leaves victims unprotected and sends a signal that those who commit violence against LGBT+ people can act without consequences.
Case law
In 2024, in a case pending before the Court of Justice of the European Union, the advocate general proposed that member states must ensure legal gender recognition based on self-determination.[6] They stressed that EU member states may not make the right to change legal gender data dependent on medical procedures or a psychiatric assessment, and must ensure that identity documents reflect a person’s actual gender identity. Such a statement gives hope that if the Court of Justice of the European Union issues a ruling in line with the advocate general’s opinion, it would represent a breakthrough in protecting the rights of transgender and gender-diverse people.
In April 2025, the advocate general of the European Court of Justice issued an opinion stating that member states must recognise same-sex marriages and partnerships concluded in other EU countries in order to ensure the free movement of families and the rights of children.[7] This position strengthens the principle of extending marriage equality across the European Union.
Statistics and surveys
The 2024 survey by the EU Fundamental Rights Agency shows that the sense of safety among LGBT+ people in Estonia has remained at a similar level over the past two years, but experiences of discrimination are still frequent. More than 40% of respondents have felt unsafe in the past year because of their sexual orientation or gender identity. Young people do perceive significantly more societal support, but among trans and non-binary people there remains a strong fear of discrimination in working life and when accessing medical services.[8]
ILGA-Europe’s Rainbow Map 2025 ranked Estonia 22nd among 49 European countries.[9] Compared to 2023, the position has remained unchanged, indicating stability but not progress.
Promising and good practices
In 2024, an important change came into effect allowing men who have sex with men to donate blood under the same conditions as heterosexual men.[10] This ended a long-standing discriminatory ban and brought Estonia’s donor policy in line with European healthcare standards. The change introduced a practice that no longer stigmatises or discriminates against donors based on sexual orientation.
A new thematic document from the Council of Europe Commissioner for Human Rights on strengthening the rights of trans and non-binary people highlights best practices and measures that member states can adopt in their legislation.[11] The roadmap could serve in Estonia as a basis and guide for legislative and political reforms, as well as for directing civil society activities, with the aim of reducing discrimination and aligning practices with international human rights standards.
Trends and outlook
In recent years, there has been a clear rise in hate speech against LGBT+ people in Europe, particularly targeting trans and non-binary individuals.[12] At the same time, the international civil society has increasingly indicated that legislative drafts are stalling, hate speech regulation is inadequate, and political will to ensure equality is weak.
This international trend is clearly reflected in Estonia as well: although marriage equality and civil partnerships exist, further progress has stalled. The gender transition process, protection of intersex children, prohibition of conversion practices, expansion of the scope of the Equal Treatment Act, and consideration of motive as an aggravating circumstance in hate crimes all remain inadequate.
Recommendations
- Protect LGBT+ people from incitement to hatred and hate crimes by amending the Penal Code so that hate speech is criminalised and a bias motive becomes an aggravating circumstance. The list of protected characteristics must clearly include, in addition to sexual orientation, gender identity, gender expression, and sex characteristics.
- Separate medical and legal processes in gender recognition. A person must be able to change their personal data within a reasonable time independently of medical procedures. The right to change legal gender data must be based on self-determination, not on a doctor’s decision.
- Legally regulate protection for LGBT+ people against discrimination, including protection outside the workplace (in education, healthcare, social services, and access to goods and services). In addition to sexual orientation and sex, the list of protected characteristics should be expanded to clearly include gender identity, gender expression, and sex characteristics.
- Investigate the well-being and care of intersex people (including children) and ensure that their human rights are not violated by medically unnecessary, coercive, or irreversible medical procedures.
- Explicitly ban conversion practices targeting LGBT+ people by law. Conversion practices related to sexual orientation and gender identity are harmful and based on the scientifically unfounded prejudice that LGBT+ people are ill.
- Conduct studies to better map and understand the situation of LGBT+ people in various areas (including school bullying, unequal treatment in the healthcare system, and the treatment of LGBT+ people in detention facilities).
- Provide LGBT+-specific training for professionals (teachers, youth and healthcare workers, police officers, judges, and others) and include LGBT+-related topics in the training programs for teachers, youth workers, police officers, judges, healthcare professionals, and others.
- Involve LGBT+ issues and advocacy organisations more effectively in strategic decision-making and policymaking.
[1] Majandus- ja Kommunikatsiooniministeerium. 2024. Loodav tegevuskava tugevdab LGBT+ inimeste turvatunnet ja võrdset kohtlemist, 02.04.2024.
[2] European Commission. 2025. LGBTIQ+ equality strategy 2026 – 2030, 08.10.2025.
[3] Ibid.
[4] Riigi Teataja. 2025. Soolise ebakõla kohta otsuse tegemise tingimused ja kord, RT I, 26.08.2025, 11.
[5] ERR. 2024. Riik tellis uue soolise võrdsuse seaduse eelnõu advokaadibüroolt, 20.11.2024.
[6] InfoCuria. 2025. Kohtujuristi ettepanek. Jean Richard de la Tour. K.M.H vs Obshtina Stara Zagora, 04.09.2025.
[7] Court of Justice of the European Union. 2025. Press Release No 43/25: Advocate General’s Opinion in Case C-713/23, 03.04.2025.
[8] European Union Fundamental Rights Agency. 2024. LGBTIQ equality at a crossroads: progress and challenges, 14.05.2024.
[9] ILGA Europe. 2025. Countries. Estonia, veebis 07.12.2025.
[10] Põhja-Eesti Regionaalhaigla verekeskus. 2024. Homoseksuaalsed mehed saavad nüüdsest verd loovutada võrdsetel alustel heteroseksuaalsete doonoritega.
[11] Council of Europe Commissioner of Human Rights. 2024. Human Rights and Gender Identity and Expression.
[12] ILGA Europe. 2024. Annual Review 2024, 29.02.2024.
