1. General outline
The principle of equal treatment is one of the fundamental principles under the Estonian
Constitution. Under § 12(1) of the Constitution, 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.
Under the Chancellor of Justice Act, with regard to the issues of equality and equal treatment
the Chancellor is competent to verify conformity of legislation with the Constitution and the
Acts (i.e. the constitutional review competence), verify the activities of representatives of public
authority (i.e. the ombudsman competence) and arrange conciliation proceedings for resolving
disputes between persons under private law. Division 4 of Chapter 4 of the Chancellor of Justice
Act establishes the activities of the Chancellor in promoting the principle of equality and equal
treatment.
In 2014, the Chancellor was contacted on 51 occasions in connection with the issues of equal
treatment. Of these, 34 cases concerned the general fundamental right to equality and 17
concerned discrimination. In 28 proceedings, the matter concerned conformity of a legal act
with the Constitution (i.e. the constitutional review proceedings).
2. Conformity of legislation of general application with the Constitution
With regard to the constitutional review of legislative acts, on 4 July 2014 the Chancellor
submitted a memorandum to the Minister of Internal Affairs, as he found that the obligation of
a person who provides housing for an alien or concludes a commercial lease agreement with an
alien to verify the legal basis for the alien’s stay in Estonia was contrary to the Constitution.
The Chancellor noted that § 289(1) and § 305 of the Aliens Act disproportionately interfered
with the fundamental right to ownership in combination with the right to the inviolability of
family life and privacy, as well as the general fundamental right to equality. With regard to the
principle of equal treatment, the Chancellor noted that the additional obligations and
inconveniences arising in connection with the conclusion of a lease agreement with a person
not holding Estonian citizenship may induce the lessor to refrain from concluding an agreement
with such an alien, which may lead to indirect discrimination on grounds of ethnicity in terms
of availability of housing.
The Chancellor sent a memorandum to the Minister of Education and Research concerning the
conditions for applying for a study loan. The Chancellor assessed the conformity of § 15(1) of
the Study Allowances and Study Loans Act with the Constitution, because under the Act a
person staying in the country on the basis of a temporary residence permit or right of residence
cannot apply for a study loan. The Chancellor found that such a restriction was contrary to
§ 37(1) in combination with § 12(1) of the Constitution. The Chancellor found that it is possible
to distinguish situations of staying in the country on the basis of a temporary residence permit
where the purpose of moving to Estonia was of permanent nature, and to delimit the grounds
for applying for a temporary residence permit which cannot be equated with the cases of
applying for a study loan.
The Chancellor also received three petitions requesting review of constitutionality of legislation
concerning compliance with the principle of equal treatment on grounds of sex, but the
Chancellor did not find the existence of discrimination.
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