In addition, the Chancellor was asked to verify whether the regulation defining school
Christmas holidays was in conformity with the Constitution. The Chancellor found that
nowadays the words “Christmas”, “Christmastime” or “Christmas holidays” do not have the
meaning of a religious holiday in the context of state and municipal schools, rather it is a holiday
based on popular traditions aimed at celebrating the winter solstice, and in Estonian schools
Christmas is also celebrated in this meaning. The Chancellor found that no matter what religious
beliefs a child or their family hold, a public school must be neutral and impartial with regard to
the issues of church and religion. Moreover, the Chancellor noted that the legislator has
established a flexible legal basis for school holidays as under § 24(7) of the Basic Schools and
Upper Secondary Schools Act, on the basis of a proposal of the head of the school and with the
approval of the board of trustees, the owner of a school may establish school holidays different
from those established by the Minister of Education and Research.
Within his ombudsman function, the Chancellor also analysed how people with a mobility,
hearing and visual impairment are ensured the right to use the services of a notary. On 26
September 2014, the Chancellor made recommendations to the Minister of Justice and the
Chamber of Notaries, as he found that people with a mobility, hearing and visual impairment
might not be ensured sufficient access to the services of notaries.
The Chancellor recommended to the Chamber of Notaries (1) to assess the accessibility of its
homepage (for people with a visual impairment) and to publish on its homepage, in a manner
accessible for people with a visual impairment, information on how the services of notaries are
provided for people with a mobility, hearing and visual impairment, and to recommend notaries
to publish the relevant guidelines in the same way on the websites of their offices; (2) to
consider in cooperation with the Ministry of Justice drawing up a plan of action on how to make
notaries’ offices accessible for people with a mobility, hearing and visual impairment; (3) to
consider drawing up advisory guidelines for notaries on the choice of location of a notary’s
office and providing services to people with a mobility, hearing and visual impairment,
involving the relevant organisations of people with disabilities in preparing the guidelines; (4)
to consider, in cooperation with the Ministry of Justice and competent sign language
interpreting specialists, defining of objective criteria (e.g. the extent of the hearing loss and the
corresponding level of disability, a test to establish the reading or writing ability, etc) for
assessing the need for the involvement of a sign language interpreter, and preparing the relevant
guidelines; (5) to ask that in the provision of notarial services to deaf people notaries should
prefer using a certified sign language interpreter when the need for interpreting services
appears.
The Chancellor also made recommendations to the Ministry of Justice to analyse the conformity
of rules established under the Notarisation Act with the needs of people with a hearing or visual
impairment as well as deafblind persons, and to prepare the relevant plans of action and
guidance materials.
3. General fundamental right to equality, and discrimination
In addition, the Chancellor dealt with a few petitions in which he verified whether the activities
of public authorities were in conformity with the principle of equal treatment. The Chancellor
did not find any violations of the rights.
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