Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Estonia (Ratification: 2005)

Articles 1, 2 and 3(b) of the Convention. Discrimination in employment and occupation. Legislation. The Committee notes with regret the Government’s indication that: (1) the draft Bill amending the Equal Treatment Act (ETA), which would have expanded protection against discrimination, has been withdrawn; and (2) that the process started in 2024 by the Ministry of Economic Affairs and Communications to merge the Gender Equality Act and the Equal Treatment Act, with a view to expand the list of protected grounds (such as origin and social status) and extend the scope of protection for all grounds to all areas of public life, has ceased. The Committee further notes the Government’s reference to constitutional guarantees of equality and its view that the Equal Treatment Act’s reference to “other beliefs” is understood to include political opinion. In this respect, the Committee recalls that constitutional provisions alone have generally not proven to be sufficient in themselves to provide effective legal protection from discrimination to individual workers (see 2012 General Survey on the fundamental Conventions, para. 851). It further notes the 2024 overview of the Chancellor of Justice, which reiterates that the Equal Treatment Act remains inconsistent with the Constitution and international treaties because it is limited to grounds covered by European Union (EU) directives, and regrets that long-standing amendments have not advanced despite several years of discussion. The Committee urges the Government to take the opportunity of any future revision of the Equal Treatment Act to explicitly prohibit in the national legislation discrimination based on at least all of the grounds listed in Article 1(1)(a) of the Convention, including political opinion and social origin, in all aspects of employment and occupation. The Committee expresses the firm hope that the Bill which has been under examination for a certain number of years, will be adopted in the near future and asks the Government to report on any progress achieved.

Article 1(1) and (2) and Article 2. Inherent requirements of the job. Language requirements. Ethnic and national minorities. The Committee recalls that the Language Act establishes language proficiency requirements for public servants and for employees in state, local government and monitored private or non-profit entities, and empowers the Language Board to enforce these requirements through compliance notices, examinations, fines and, proposals for termination (sections 30–32 and 37 of the Act). In its report, the Government maintains that these requirements are proportionate and applied equally to all workers, and cites support measures to help individuals meet the requirements, including free language courses, regular exams and targeted support for school-age refugees. The Committee recalls, however, that the concept of “inherent requirements of the job” must be interpreted strictly and assessed on a case-by-case basis so as to avoid undue limitations on equal opportunity and treatment for workers, including members of ethnic and national minorities. With respect to enforcement, the Committee notes the data, provided by the Government, indicating that in 2024 the Language Board imposed 175 non-compliance levies. While the number of levies declined compared with previous years (390 in 2022 and 380 in 2023), their average value increased (from 73 euros in 2022 to 144 euros in 2023). According to the Government, the higher levies were necessary because compliance rates remained low (15.4 per cent in 2024). The Committee nevertheless notes with concern the increased level of the sanctions.

With regard to education, the Committee observes the adoption, on 12 December 2022, of the Act on Amendments to the Basic Schools and Upper Secondary Schools Act and Other Acts (Transition to Estonian‑Language Education), which introduces major linguistic reforms in preschool, basic and upper-secondary education. It notes that the Act: (1) designates Estonian as the language of instruction in basic and upper‑secondary schools, allowing minority‑language or cultural studies only when at least ten students request them and for one extra hour per week (article 1(3)); (2) requires all preschool instruction to be in Estonian, with exceptions only for certain children with special needs upon extracurricular counselling team recommendation. (article 3 (1)); (3) permits limited subject matter teaching in another language only in English, French or German (article 1 (14)); (4) makes language proficiency a formal qualification requirement for school staff; (article 1(6) and (11)); and (5) authorizes the Language Board to issue compliance precepts and fines up to 9,600 euros (articles 1(8)-(9), 3(8)-(9) and 5(6)-(7)). The Committee considers that such restrictions on minority-language education may disproportionately and adversely affect the employment and occupational opportunities of minority-language groups, resulting in indirect discrimination on the basis of national extraction (General Survey of 2012, para. 764). It notes similar concerns raised by the United Nations (UN) High Commissioner for Human Rights (OHCHR) that the new law appears to severely restrict minority-language education, affecting significant Russian-speaking minorities, as well as recommendations of the Council of Europe Committee of Ministers calling for more flexible language requirements and the provision of high-quality minority-language education (press release, OHCHR, 17 August 2023; and CM/ResCMN(2023)5).

In light of the above, the Committee asks the Government to take measures with a view to: (i) ensure that the implementation of the Language Act and the Act on Amendments to the Basic Schools and Upper Secondary Schools Act and Other Acts (Transition to Estonian‑Language Education), or any other language-proficiency requirements or restrictions, do not lead to discrimination, direct or indirect, as regards the access of ethnic, national or linguistic minorities, including Russian-speaking communities, to all levels of education and employment; and (ii) assess its impact on the employment opportunities of minority workers. The Government is also asked to provide information on: (i) the percentage of men and women belonging to minority groups that have participated in the language training courses; (ii) the number and nature of cases in which sanctions were imposed on employers and employees for non-compliance of language proficiency requirements; and (iii) any cases of alleged discrimination based on these provisions, dealt with by the courts or any other competent body, including sanctions imposed and remedies granted.

The Committee is raising other matters in a request addressed directly to the Government.