Human rights in Estonia
Human rights in Estonia are acknowledged[
Several international and human rights organisations, such as
History
Estonians' individual human rights and collective rights to exist as an ethnic entity, have been routinely violated for eight centuries since the
Estonia in the international human rights system
As of end of 2010,
Participation in basic human rights treaties
UN core treaties[15] | Participation of Estonia | CoE core treaties[16] | Participation of Estonia |
Convention on the Elimination of All Forms of Racial Discrimination
|
Accession in 1991 | European Convention on Human Rights | Ratified in 1996 |
International Covenant on Civil and Political Rights | Accession in 1991 | Protocol 1 (ECHR) | Ratified in 1996 |
First Optional Protocol (ICCPR) | Accession in 1991 | Protocol 4 (ECHR) | Ratified in 1996 |
Second Optional Protocol (ICCPR) | Accession in 2004 | Protocol 6 (ECHR) | Ratified in 1998 |
International Covenant on Economic, Social and Cultural Rights | Accession in 1991 | Protocol 7 (ECHR) | Ratified in 1996 |
Convention on the Elimination of All Forms of Discrimination Against Women | Accession in 1991 | Protocol 12 (ECHR) | Signed in 2000 |
Optional Protocol (CEDAW)
|
Not signed | Protocol 13 (ECHR) | Ratified in 2004 |
United Nations Convention Against Torture | Accession in 1991 | European Social Charter | Not signed |
Optional Protocol (CAT)
|
Ratified in 2006 | Additional Protocol of 1988 (ESC) | Not signed |
Convention on the Rights of the Child | Accession in 1991 | Additional Protocol of 1995 (ESC) | Not signed |
Optional Protocol on the Involvement of Children in Armed Conflict (CRC) | Signed in 2003 | Revised European Social Charter | Ratified in 2000 |
Optional Protocol on the sale of children, child prostitution and child pornography (CRC-OP-SC)
|
Ratified in 2004 | European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment | Ratified in 1996 |
Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families
|
Not signed | European Charter for Regional or Minority Languages | Not signed |
Convention on the Rights of Persons with Disabilities | Signed in 2007 | Framework Convention for the Protection of National Minorities | Ratified in 1997 |
Optional Protocol (CRPD) | Not signed | Convention on Action against Trafficking in Human Beings
|
Ratified in 2015 |
Latest documents in reporting procedures
Experts' body | State report | Experts' body's document |
Human Rights Committee | 2018[17] | 2019[18] |
Committee on Economic, Social and Cultural Rights | 2017 [19] | 2019[20] |
Committee on the Elimination of Racial Discrimination | 2019[21] | 2014[22] |
Committee Against Torture
|
2011[23] | 2013[24] |
Committee on the Rights of the Child | . | 2017[25] |
Committee on the Elimination of Discrimination Against Women | 2015[26] | 2016[27] |
European Committee on Social Rights | 2020[28] | 2019-2020[29] |
Committee for the Prevention of Torture | not foreseen | 2019[30] |
FCNM Advisory Committee | 2019[31] | 2015[32] |
European Commission against Racism and Intolerance | not foreseen | 2015[33] |
UN Committee on the Rights of Persons with Disabilities | 2015[34] | 2021[35] |
Overviews by human rights organisations
Amnesty International
According to
Human Rights Watch
According to
Freedom House
According to
United Nations Human Rights Council
The 2008 report of Special Rapporteur on racism to United Nations Human Rights Council noted the existence of political will by the Estonian State authorities to fight the expressions of racism and discrimination in Estonia.[10] According to the report, the representatives of the Russian speaking communities in Estonia saw the most important form of discrimination in Estonia is not ethnic, but rather language-based (Para. 56). The rapporteur expressed several recommendations including strengthening the Chancellor of Justice, facilitating granting citizenship to persons of undefined nationality and making language policy subject of a debate to elaborate strategies better reflecting the multilingual character of society (paras. 89-92).[10]
UN Committee on the Elimination of Racial Discrimination
The UN
Other institutions
According to
The United Nations Development Programme's forum[41] Development and Transition has discussed the situation of Estonia and Latvia in 2005.
Both the Organization for Security and Co-operation in Europe (OSCE) mission in Estonia and the OSCE High Commissioner on National Minorities declared in 1993 that they could not find a pattern of human rights violations or abuses in Estonia.[9]
According to Human Right Report of United States Department of State, Estonia generally respects the human rights of citizens and the large ethnic Russian noncitizen community. However, there were problems with police use of force, conditions in detention and lengthy of pre-trial detention. Also there were problems in domestic violence, inequality of women's salaries, child abuse, and trafficking of women and children.[2]
According to Russian Ministry of Foreign Affairs, as at 2011, the evaluations given by UN Committee on economic, social and cultural rights show acute human rights issues, in particular in the field of rights of national minorities, to remain unresolved in Estonia.[44]
Issues
Surveys conducted between 1993 and 1997 found ethnic Russians living in the Baltic states generally did not see themselves as particularly threatened or suffering from "apartheid" or racism as the Russian government often contended; a British survey in 1993 showed that "solid majorities of ethnic Russians did not consider their situations as "dangerous, difficult or especially burdensome" and found 69% of Russian speakers disagreed with the view that non-citizens and minorities were badly treated, while a Russian survey in 1995 found only 8% of Russian speakers felt their human rights were being violated.[45]
According to a 2008 survey of 500 ethnic Russians conducted by the EU Fundamental Rights Agency, 59% of those questioned characterized ethnic discrimination as very or fairly widespread in the country. 27% claimed they had experienced discrimination based on their ethnic origin in the past 5 years, including 17% during the past 12 months (compared to 4–5% in Lithuania and Latvia.) Discrimination at workplace was characterized as widespread, with 72% of poll participants saying that a different ethnic background would be hindering to advancement. 39% said they had experienced discrimination during the past 5 years when looking for work, including 16% during the past 12 months—the highest rate in all the countries surveyed. 10% confirmed that they avoid certain places, such as shops or cafés because they believed they would receive bad treatment due to their ethnic background.[46]
However another survey result in 2008 found only 3% of ethnic Russians said they had regularly experienced hostility or unfair treatment because of their ethnicity, and 9% occasionally; 1% stated they had been regularly offended on the basis of their ethnicity while 7% occasionally. This survey found that while most of the respondents had not actually experienced any discrimination personally, they nevertheless held the belief that the level of discrimination was high.[47]
The European Centre for Minority Issues has examined Estonia's treatment of its Russophone minority. In its conclusion, the centre stated that all international organisations agree that no forms of systematic discrimination towards the Russian-speaking population can be observed and praises the efforts made thus far in amendments to laws on education, language and the status of non-citizens, there nevertheless remains the issue of the large number of such non-citizens.[48] As of September 2, 2009, 102,466, or 7.5% of Estonia's population remain non-citizens, dropping from 32% in 1992 and 12% in 2003.[49][50] In November 2005 a survey was conducted among residents with undetermined citizenship. The results show that 61% of those residents wanted Estonian citizenship, 13% Russian citizenship and 6% citizenship of another country. 17% of the respondents were not interested in acquiring any citizenship at all. It was found that the older the respondent, the more likely he or she doesn't want to have any citizenship. The survey also showed that respondents who were born in Estonia were more likely to wish to get Estonian citizenship (73%), than those not born in Estonia (less than 50%).[49]
Recent studies have shown that one of the significant factors of statelessness is the advantage of retaining an ambiguous legal status to everyday life; on one hand it is easier for immigrants without Estonian citizenship to travel back to Russia while on the other hand lack of citizenship poses no problems for living in Estonia; a survey in 2008 found that 72% of ethnic Russian respondents cite the ease of travel to Russia as one of the reasons people do not seek Estonian citizenship and 75% state that the fact of lack of citizenship does not hinder their lives is another reason[47]
Several human rights related researches are conducted every year by Estonian local human rights organizations, for example the Estonian Institute of Human Rights.
Employment
72% of 500 questioned ethnic Russians believed that different ethnic background is hindering to workplace advancement.[46] Russian government officials and parliamentarians echo these charges in a variety of forums. Such claims have become more frequent during times of political disagreements between Russia and these countries and waned when the disagreements have been resolved.[51][52][53][54][55]
According to the 2008 survey by TIES, a project coordinated by the University of Amsterdam, 38.9% of Russian and 25.2% of Estonian respondents think that "Russians experience hostility or unfair treatment because of their ethnicity" at work "occasionally", "regularly", or "frequently". 51.4% of Russian and 50.4% of Estonian respondents also think that Russians experience ethnic discrimination looking for work.[56] Same report says 40% of Estonians and 44% of Russians think it is "more difficult" or "much more difficult" for Russians to find a job, compared to Estonians. 10% of Estonians and 15% of Russians, on the other side, believe it is "easier", or "much easier" for Russians to find a job.[57]
A 2005 study by European Network Against Racism found that 17.1% of ethnic non-Estonians claimed that they had experienced limitations to their rights or degrading treatment in the workplace during the last 3 years because of their ethnic origin.[58]
Amnesty had noted in a 2006 report that members of the
Charles Kroncke and Kenneth Smith in a 1999 article published in the journal Economics of Transition argue that while there was no ethnicity based discrimination in 1989, the situation in 1994 was completely different. According to the article, there is substantial evidence of discrimination against ethnic Russians in the 1994 Estonian labour market. The evidence examined in the article also suggested that Estonian language ability does not significantly affect wages. Kroncke and Smith also point out the surprising fact, that Estonian-born ethnic Russians appear to fare worse than immigrant ethnic Russians.[60] A later study by Kristian Leping and Ott Toomet published in 2008 in the Journal of Comparative Economics reports that a lack of fluency in the Estonian language and segregated social networks and school system, rather than ethnicity, as the prime reason for the apparent wage gap between Estonian and non-Estonian speakers.[61]
Education
Since restoration of independence in 1991, Estonia has been funding Russian-language elementary, comprehensive and high schools alongside Estonian-language schools, with future reform planned since the late 1990s but repeatedly delayed. The reform plan was commenced in 2007.
According to schedule, 60% of all subjects of grades 10, 11 and 12 are to be taught in Estonian by 2011 in all state-funded schools. All state-funded schools already teach Estonian literature in Estonian since the 2007/2008 academic year. The government has been reserved authority to grant waivers and extensions to some state-funded schools on a case-by-case basis.[62]
In the 2007/2008 academic year, 49 Russian schools (79%) were teaching Music in Estonian, 30 Russian schools (48%) were teaching Social Studies in Estonian and 17 Russian schools (27%) taught both transition subjects in Estonian.[63]
Amnesty International has recommended that the authorities provide more support for teachers and adequate resources for students who will be required to replace Russian with Estonian as their language of teaching and instruction; replacing Russian with Estonian as their learning language to successfully manage this transition.[59]
According to the 2008 survey by TIES, 50% of ethnic Russian respondents think that the statement, "As a result of [2007 school] reform the quality of education for Russian youth will worsen" is "exactly true" or "moderately true". Report also notes that "a significantly larger share of Estonians complete higher education, while Russians more often only finish secondary education. At the same time, there were no significant differences between Estonians and Russians school success in terms of drop-out rates from basic and secondary school."[64]
Ethnicity and crime
Treatment of Roma
The Council of Europe stated in 2006 that "the Roma community in Estonia is disproportionately affected by unemployment and discrimination in the field of education."[68] The European Commission had previously conducted close monitoring of Estonia in 2000 and concluded that there was no evidence that these minorities are subject to discrimination.[69]
Bronze Night incident
A number of organisations have commented on the events surrounding the
Trafficking in persons
According to the CIA World Factbook, "Estonia is a source, transit, and destination country for women subjected to forced prostitution, and for men and women subjected to conditions of forced labor". Estonia also "does not fully comply with the minimum standards for the elimination of trafficking, being the only country of the EU without a specific trafficking law.[71]
Exploitation of children
Independent Special Rapporteur Najat Maalla M'jid of the United Nations has said that Estonia has taken clear steps to protect children from exploitation, although the human rights expert has commented that "young people remain at risk and continued vigilance from authorities is needed."[72]
Sexual orientation
Homosexual sex, which was illegal in the Soviet Union, was legalised in Estonia in 1992. The age of consent is 16 years[73] and was equalized for both homosexual and heterosexual sex in 2001.[74] Homosexuals are not banned from military service and there are no laws discriminating homosexuals.
Estonia transposed an EU directive into its own laws banning discrimination based on sexual orientation in employment from May 1, 2004. A survey carried out in September 2002 found that there was a high level of discrimination against gay, lesbian and bisexual people in Estonia.[75]
Same-sex marriage has been legal in Estonia since 1 January 2024.[76]
External views
Journalists
According to veteran German author, journalist and Russia-correspondent Gabriele Krone-Schmalz, there is deep disapproval of everything Russian in Estonia. She contends that the alleged level of discrimination regarding ethnic Russians in Estonia would have posed a barrier to acceptance into the EU; however, Western media gave the matter very little attention.[77] However the European Commission conducted close monitoring of these countries compliance with the Acquis communautaire in regard to minority rights prior to accession to the EU, the Commission claimed that there is no evidence that these minorities are subject to discrimination.[69]
In an interview with the Dutch newspaper NRC Handelsblad, Hans Glaubitz, a former ambassador of the Netherlands to Estonia, mentioned that he resigned due to the homophobia and racism once they could not "cope with gay hatred and racism on the Estonian streets."[78]
International rankings
- Democracy Index, 2008: 37 out of 167[4]
- Worldwide Press Freedom Index, 2023: 8 out of 173.[8]
- Internet freedom score: 13 (2009),[79][a] 10 (2011),[80][a]10 (2012),[81][a] 9 (2013),[82][a] and 94 (2023)[38][b]
- Worldwide Privacy Index, 2007: 13 out of 37.[5]
- Worldwide Quality-of-life Index, 2005: 68 out of 111.[83]
- Human Development Index, 2010: 34 out of 169.[84]
- Global Corruption Report, 2007: 24 out of 163.[85]
See also
- Estonian nationality law
- History of Russians in Estonia
- Internet censorship and surveillance in Estonia
References
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- ^ a b c d "2008 Human Rights Report: Estonia". United States Department of State. 2009-02-25. Archived from the original on 2009-02-26. Retrieved 2009-06-05.
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- ^ a b Toivo Miljan, Historical dictionary of Estonia, Scarecrow Press, 2004, p253
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- ^ Estonia's 4th report on ICCPR
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- ^ Fifth report on CAT
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- ^ Estonia's 17th report - on Articles 1, 9, 10, 15, 18, 20, 24 and 25 ESC(R), 2020
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- ^ CPT report on the 2017 visit
- ^ Fifth report on FCNM
- ^ Fourth Opinion on Estonia by the FCNM Advisory Committee
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- ^ "WHO MiNDbank - Estonia: Initial State Party report to the Committee on the Rights of Persons with Disabilities (2015)". extranet.who.int. Retrieved 2022-10-25.
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"Estonia Today: Citizenship : Fact Sheet September 2009" (PDF). 2009-09-02. Archived from the original (PDF) on 2011-09-02. Retrieved 2009-09-22.
{{cite journal}}
: Cite journal requires|journal=
(help) - ^ "Government to develop activities to decrease the number of non-citizens". Archived from the original on 2009-09-01. Retrieved 2009-06-06.
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- ^ "Law Assembly": "The policy of discrimination of the national minorities in Latvia and Estonia". Archived from the original on 2007-09-27.
- ^ Postimees July 30, 2007: Venemaa süüdistas Eestit taas natsismi toetamises Archived 2009-09-19 at the Wayback Machine
- Russian Federation, printed in Russia in Global Affairs
- ^ Estonian country report by TIES - page 91
- ^ Estonian country report by TIES - page 56
- ^ "Responding to Racism in Estonia" (PDF). European Network Against Racism. Retrieved 2009-06-05.
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- ^ "Council of Europe: Reports on racism in Estonia, Lithuania, Romania and Spain".
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- ^ ERR, ERR | (2022-05-18). "Estonia approves law raising age of sexual consent to 16". ERR. Retrieved 2023-12-15.
- ^ Estonia repeals Discriminatory Age of Consent for Homosexual Contacts Archived 2004-05-05 at the Wayback Machine
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- ^ "Same-sex marriage now legal in Estonia". Eesti Rahvusringhääling. 2024-01-01. Retrieved 2024-02-23.
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Further reading
- European Commission against Racism and Intolerance. ECRI Report on Estonia. Fourth monitoring cycle. 2010-03-02.
- ISBN 978-9949-18-818-5. Archived from the original(PDF) on 13 March 2011. Retrieved 18 April 2010.
External links
- Intergovernmental organizations
- Human rights in Estonia on OHCHR portal
- Documents on Estonia by the Council of Europe Commissioner for Human Rights
- Documents on Estonia by the European Commission against Racism and Intolerance
- International NGOs
- Human Rights Watch documents on Estonia
- Amnesty International
- Estonia // Human rights in Europe. Review of 2019 p. 26
- AI country-specific reports: Estonia: The right to freedom of peaceful assembly must be protected (2006), Linguistic minorities in Estonia: Discrimination must end (2007)
- Governmental organizations
- Local NGOs