PART IV PART III PART II PART I OVERVIEW OF THE PERFORMANCE OF OTHER FUNCTIONS ENTRUSTED BY LAW TO THE CHANCELLOR OF JUSTICE The Chancellor, performing his functions as ombudsman, issued several opinions with regard to the rights of people with disabilities. The Chancellor found that the exclusion of inhabitants of Tallinn who are minors with a hearing impairment from the target group for sign language interpreting services was contrary to the fundamental right to equality. The Chancellor recommended to Tallinn City Government to consider whether suitable measures for increasing the flexibility of the special bus service intended for people with disabilities can be found. The Chancellor pointed out that a more flexible bus service would improve the possibilities of people with disabilities to move around, better organise their life independently, participate more actively in the life of society, and also ensure equal opportunities with others. In 2013, the Chancellor also opened own-initiative proceedings to investigate how people with mobility, visual or hearing impairments are guaranteed the right to the services of a notary. The proceedings in this matter continue in 2014. In addition, as a result of two proceedings the Chancellor found a violation of the principles of lawfulness and equal treatment in establishing the kindergarten fee. In 2013, the Chancellor received a petition from a foreign student who found that a public university had discriminated them in applying to become an exchange student. In the opinion of the Chancellor, the facts gathered during the proceedings did not indicate that the petitioner had been treated unjustifiably less favourably due to their nationality or on other grounds. In 2013, the Chancellor also received some petitions asking to verify whether persons in private law had complied with the principle of equal treatment. One petition concerned working conditions and equal remuneration for similar work. The Chancellor explained to the petitioners that, as a rule, he cannot verify activities of persons in private law, and the petitions also did not show a wish to carry out conciliation proceedings. Thus, no conciliation proceedings were carried out in 2013 and the Chancellor still has not approved any agreements reached in conciliation proceedings. The Chancellor’s 2011 and 2012 overview explained the Chancellor’s memorandums concerning gaps in legal regulation or failure to implement the existing provisions. In 2013, the respective legal acts were not amended and, therefore, the protection of fundamental rights of individuals with regard to the issues explained in the memorandums is still insufficient. In 2011, the Chancellor drew attention to the fact that it is contrary to the Constitution that the scope of application of the Equal Treatment Act has been defined narrowly and a different scope of protection has been established with regard to different attributes of discrimination (discrimination of individuals on grounds of religion or other beliefs, age, disability or sexual orientation is prohibited only at work and in occupational activities). In 2011, the Chancellor also submitted a memorandum with regard to the implementation of the Gender Equality Act to the Minister of Social Affairs. In the memorandum, the Chancellor pointed out that the Government has still not adopted the regulation required under § 11(2) of the Gender Equality Act to establish the procedure for the collection of employment-related gender-disaggregated statistical data and the list of such data. According to the reply by the Minister of Social Affairs it was hoped that the issue would be resolved in 2012; however, the relevant regulation has still not been adopted. In addition, in 2011 the Chancellor sent a memorandum to the Minister of Justice to regulate the legal issues of family relationships of same-sex persons. On 17 April 2014, members of the Riigikogu initiated the Draft Partnership Act. The Chancellor monitors the progress of this draft. 68