Annex 2
Equal treatment norms and prohibition of discrimination in Estonian law
| Legislation | The established norm |
|---|---|
| The Constitution of the Republic of Estonia | § 12 Everyone is equal before the law. No one may be discriminated against on the basis of nationality, race, colour, sex, language, origin, religion, political or other views, property or social status, or on other grounds. Incitement to ethnic, racial, religious or political hatred, violence or discrimination is prohibited and punishable by law. Incitement to hatred and violence between social classes or to discrimination against a social class is also prohibited and punishable by law. |
| Gender Equality Act | Prohibition of discrimination on grounds of gender in all areas of life, obligation to promote gender equality in the private and public sectors. |
| Equal Treatment Act | Prohibition of discrimination on the basis of race, nationality, ethnic origin, age, disability, religious belief, sexual orientation, as well as on the basis of performance of family obligations, social status, representation of employees’ interests or membership of an association of employees, language skills or the duty to perform mandatory service in the defence forces in the field of employment, on racial and ethnic grounds in the field of social affairs, in education and access to services. |
| Penal Code | § 152 (Violation of equality) – violation of equality presumes that in the case of groups distinguished by nationality, race, colour, gender, language, origin, religion, political beliefs, property or social status, a member of one group (“us”) denies the equivalence of persons belonging to the other group (“them”). In the case of the composition of § 151 of the Penal Code (incitement of hatred), the constituent act consists not only in denying the equivalence of persons belonging to another group, but also in inciting the other persons to do so. § 153 prohibition of discrimination based on genetic risks. |
| Administrative Procedure Act | § 107 (2) An administrative authority shall, at its discretion, determine the manner, extent, time and procedure for taking a measure and shall observe the limits of the right of discretion and the principles of equal treatment and proportionality |
| Employment Contracts Act | § 3 (Principle of equal treatment) – An employer shall ensure the protection of employees against discrimination, follow the principle of equal treatment and promote equality in accordance with the Equal Treatment Act and Gender Equality Act. § 89 (4). Extraordinary cancellation of employment contract by employer for economic reasons: Upon cancellation of an employment contract, the employer shall take into account the principle of equal treatment. |
| Working Conditions of Employees Posted to Estonia Act | § 5 (1) 5) Employers shall ensure that the following working conditions established in Estonia are applied to a posted employee: …equal treatment and equal opportunities |
| Civil Service Act | § 13 (Principle of equal treatment) The authorities shall have to ensure the protection against discrimination of the persons who apply to take up the service and of those who are employed in the service, follow the principle of equal treatment and promote equality. |
| Human Genes Research Act | § 25 (Prohibition on discrimination) (1) It is prohibited to restrict the rights and opportunities of a person or to confer advantages on a person on the basis of the structure of the person’s DNA and the genetic risks resulting therefrom. (2) It is prohibited to discriminate against a person on the basis of the person being or not being a gene donor. § 26 (Discrimination in employment relationships) (1) Employers are prohibited from collecting genetic data on employees or job applicants and from requiring employees or job applicants to provide tissue samples or descriptions of DNA. (2) Employers are prohibited from imposing discriminatory working and wages conditions for people with different genetic risks. § 27 (Discrimination in insurance relationships) (1) Insurers are prohibited from collecting genetic data on insured persons or persons applying for insurance cover and from requiring insured persons or persons applying for insurance cover to provide tissue samples or descriptions of DNA. (2) Insurers are prohibited from establishing different insurance conditions for people with different genetic risks and from establishing preferential tariff rates and determining insured events restrictively. |