State institutions

If you think you have been discriminated against, you have the right to complain to different state institutions. You must choose the relevant state institution, applicable to your situation.

There are several state institutions in Estonia that may take action in cases of discrimination. You can generally choose the relevant state institution depending on the field in which you have experienced discrimination.

Important In most cases, such institutions are entitled to issue a decision and/or impose a fine. If you are seeking compensation, you could consider bringing a claim before a court.

Gender Equality and Equal Treatment Commissioner

The Equality Commissioner is the institution in charge of supervising the implemention of the Gender Equality Act  and Equal Treatment Act and in promotion of the principle of equality and non-discrimination. The Commissioner is entitled to review the case and issue an opinion. More information is available here: Equality Commissioner.

Chancellor of Justice

The Chancellor is in charge of supervising the implementation of the Constitution of the Republic of Estonia, including its Article 12 prohibiting discrimination. Where public authority is involved, the Chancellor is entitled to review the case and issue an opinion. If the complaint concerns an employment relation between private persons, the Chancellor can facilitate mediation proceedings. More information is available here: Chancellor of Justice.

Sectoral institutions

Your complaint can be resolved by a relevant sector-specific institution if you have been discriminated against in the following areas:

Employment

If you believe your employer has discriminated against you, you can submit a complaint to the a labour dispute committee. You can also complain to the commitee if you believe that you have been discriminated against in the selection procedure. The Labour Inspectorate, which administers the work of the committees, also provides for legal counseling by phone and mail as well as in a face-to-face meeting. 

If either party is not satisfied with the decision of the committee, they can turn to the civil court, where the proceedings start from the beginning. This procedure is described in the Labour Dispute Resolution Act. 

If you believe you have been discriminated against, as a state official or a candidate for a position as a civil servant, you can submit a complaint to a higher institution and subsequently, to the Administrative Court. This procedure is described in the Adminstrative Procedure Act.

Health

If you believe that you have been discriminated against in access to medical care or have received insufficient quality medical care on discriminatory grounds, you have four possibilities. First, you may submit the complaint to the institution itself. Second, if the discrimination concerned access to medical care, including the fee and waiting time for medical care, you can submit the complaint to the Estonian Health Insurance Fund. Third, if the complaint concerns the medical care given then there are two options – either turning to the Health Board that checks its compatibility with the law, or the independent expert committee on quality of health services that checks the material quality of the care given. 

You can appeal the decisions to the Civil Court. This procedure is described in the Law of Obligations Act.

Education

If you believe that an education institution has discriminated against you, there are two options, depending on which aspect of the education the complaint concerns or whether the school is state school or municipal school. If the complaint concerns access to education and the quality of standards, then complaint can be submitted to the Ministry of Education and Science. If the complaint concerns the activities and administration of a particular municipal school or private school then the complaint can be submitted to the respective local government or if it concerns state school then to the Ministry. You can appeal the decisions to the Administrative Court. This procedure is described in the Administrative Procedure Act. 

Goods and Services

If your complaint concerns discrimination in access to goods and services, you can take it to the Consumer Disputes Committee or to the Financial Supervision Authority when it concerns banks, insurance companies etc. You can appeal the decisions of the civil court. This procedure is described in the Consumer Protection Act. 

Human Rights Guide

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