Legislative and policy framework

Gender issues began to receive attention in Estonia from the late 1990s, following the ratification of international conventions and during the preparatory phase for accession to the European Union.

The legal framework covering gender equality is enshrined in the Estonian Constitution, which states in Article 12 that everyone is equal before the law and that no one is to be discriminated against on the grounds of sex. The legislative framework in Estonia includes the Gender Equality Act, which has been in force since 2004, following Estonia’s accession to the EU, and was followed by the Equal Treatment Act in 2009. The latter has the broader aim of protecting people from discrimination on the grounds of nationality (ethnic origin), race or skin colour, religion or other beliefs, age, disability or sexual orientation. It sets out the principles of equal treatment, provides for its promotion, assigns responsibilities for implementation of the law and sets out the procedure for the settlement of discrimination-related disputes.

The 2004 Gender Equality Act aims specifically to ensure the equal treatment of women and men, by defining and prohibiting gender-based discrimination in both the public and private sectors, obliging state and local government authorities, educational and research institutions and employers to promote equality between women and men, while also establishing the right to compensation for those who are discriminated against. The act defines equality of women and men as a fundamental human right and provides for the mainstreaming of gender equality in all areas of social life. In 2018, the government approved amendments to the Gender Equality Act that aimed to reduce the gender pay gap, and they were discussed in parliament. The reform strengthens employers’ obligation to collect data disaggregated by sex by specifying the type of data and setting time frames.

Currently, a draft proposal is being developed to merge the Gender Equality Act and the Equal Treatment Act. If adopted by parliament, the bill would expand the scope of protection against discrimination.[1]

In 2016, the Government of Estonia approved the 2016–2023 welfare development plan, which contained four subgoals. The plan included the overall strategic view of the government on gender equality.

Building on the 2016–2023 welfare development plan, Estonia introduced the 2023–2030 welfare development plan, which adopts an intersectional approach in setting strategic objectives for family, social and labour policies and setting out the actions required to achieve them.[2] The 2023–2030 welfare development plan contains five subgoals, including gender equality and equal treatment (subgoal 5).

Actions in the 2023–2030 welfare development plan

  • Enhancing sectoral law enforcement.
  • Increasing cooperation with networks, associations and organisations that support gender equality and equal treatment, and ensuring well-functioning advocacy.
  • Changing societal attitudes so that gender equality is valued and supported.
  • Increasing economic equality between women and men.
  • Building institutional capacity to promote gender equality and gender mainstreaming in all operational and policy areas.
  • Ensuring the regular collection of quality data on the situations and needs of minority groups.
  • Supporting knowledgeable and skilled policymakers, employers, education workers and other members of society.
  • Improving accessibility to ensure independent living and full participation for all.

The welfare development plan is supported by the 2024–2027 gender equality and equal treatment programme, a rolling programme that is updated each year.

Structures

Governmental gender equality body

The Department of Equality Policy (Võrdsuspoliitikate osakond) is the government’s gender equality body. Originally established in 1996 as the Gender Equality Bureau, it was renamed the Gender Equality Department in December 2003, with its current name and responsibility for developing gender mainstreaming processes and methodologies adopted in 2005.

For over 20 years, it operated under the Ministry of Social Affairs. However, in July 2023 the government restructured its framework, appointing the Ministry of Economic Affairs and Communications as the new coordinator of the Department of Equality Policy. Currently, the department is mandated with promoting gender equality and equal treatment and with coordinating mainstreaming efforts and designing measures necessary to prevent and mitigate discrimination.

Functions of the Department of Equality Policy

  • Drafting gender equality and anti-discrimination policy for the government.
  • Conducting gender-sensitive analysis of policies and legislation, and research on gender equality issues.
  • Coordinating and implementing government decisions on gender equality and gender mainstreaming processes and methodologies.
  • Providing advice on matters related to the implementation of the principle of equal treatment and issuing guidelines on applying the Gender Equality Act.
  • Publishing and disseminating information on gender equality and conducting training.
  • Integrating gender equality considerations into EU and international affairs.
  • Monitoring progress in achieving gender equality.

The Department of Equality Policy has a total annual expenditure of EUR 1 630 960, with approximately 25 % allocated to administrative costs, such as personnel and overheads. The department has 10 employees, who spend up to 75 % of their time on gender equality work. The department is made up of different teams, and the individual responsible for gender mainstreaming collaborates and coordinates with all teams.

The Department of Equality Policy is consulted during the development of most policies, laws and programmes. Despite this involvement, the opinion of the department leads to adjustments only in some cases. The Department of Equality Policy is not obliged to regularly report on gender equality initiatives and progress made to the government and/or representative elective bodies within the Estonian policymaking system. However, the Gender Equality and Equal Treatment Commissioner (an independent body) reports to the Constitutional Committee of the Estonian parliament (Riigikogu) once a year, and the gender equality and equal treatment programme is analysed every year and amended accordingly.

Following the entry into force of the Gender Equality Act in 2004, the establishment of a Gender Equality Council as an advisory body was mandated. The council was duly approved by the government and set up on 24 October 2013. Since July 2023, the council has operated under the Ministry of Economic Affairs.[3]

Independent gender equality body

The Gender Equality and Equal Treatment Commissioner (Soolise võrdõiguslikkuse ja võrdse kohtlemise volinik), established as the Gender Equality Commissioner in 2005, is an independent gender equality body responsible for monitoring the compliance of legislation and policies with the Gender Equality Act and Equal Treatment Act.

Functions of the Gender Equality and Equal Treatment Commissioner

  • Monitoring compliance with equality legislation requirements.
  • Promoting equal treatment and gender equality.
  • Providing advice and assisting individuals in filing complaints related to discrimination.
  • Issuing opinions on alleged cases of discrimination based on applications submitted by individuals or on its own initiative, using available information (legally non-binding).
  • Analysing the effectiveness of laws aimed at protecting against discrimination.
  • Making proposals to the Government of Estonia, government agencies and local authorities on amendments or updates to legislation.
  • Advising and informing the Government of Estonia, government agencies and local authorities on matters related to the implementation of equality legislation.
  • Publishing reports on the implementation of gender equality and equal treatment principles.
  • Cooperating with individuals and entities to promote gender equality and equal treatment, including serving as a contact point for collaboration among EU Member States to support the free movement of workers.
  • Collecting and analysing data.

The total annual expenditure of the Gender Equality and Equal Treatment Commissioner is EUR 527 237, with approximately 26 % allocated to administrative costs. In the organisation, eight employees spend up to 75 % of their time specifically focusing on gender equality work. Consultation with the commissioner can be directly requested regarding selected policies, laws and programmes.[4] However, all draft policies, laws and programmes are made available to the Gender Equality and Equal Treatment Commissioner for consultation on a voluntary basis.[5] When the commissioner is consulted about new or existing policies, laws or programmes, adjustments are made in most cases.

Parliamentary body

There is no standing committee within parliament that has gender as a specific part of its mandate. There is, however, an association that allows members of parliament to draw attention to specific issues in order to support or protect the interests of particular groups. In addition, in October 2017 the parliament’s women’s association, currently known as the Riigikogu Women’s Union,[6] was formed. The association aims to tackle the gender pay gap, gender-based violence, domestic violence and inequality between women and men in decision-making. In addition to seeking solutions to these issues, it also aims to monitor the inclusion of a gender perspective in all new legislative acts.

Regional structure

State and local government authorities are required to promote gender equality systematically and purposefully. They have a duty to change the conditions and circumstances that hinder the achievement of gender equality. During planning, implementation and assessment of national, regional and institutional strategies, policies and action plans, state and local government authorities are required to take into account the different needs and social status of women and men and consider how the measures applied and to be applied will affect the situations of women and men in society.[7]

Consultation with civil society

There are two provisions in the Gender Equality Act that relate to the involvement of civil society. Article 24(1) establishes the Gender Equality Council, which includes representatives of non-governmental organisations.[8] The act also provides for the involvement of relevant interest groups and non-profit organisations that have a legitimate interest in helping to combat discrimination based on sex, to support compliance with the principle of equal treatment.[9] In addition, Article 1(5) of the Rules for Good Legislative Practice and Legislative Drafting stipulates that interest groups and the public are to be involved in the preparation of legislative intents, concepts and draft acts.

In 2022, the Ministry of Social Affairs selected three strategic partners:

  • NGO Oma Tuba / Feministeerium
  • the Estonian Women’s Studies and Resource Centre
  • the Estonian Human Rights Centre.

The strategic partners received financial support totalling EUR 1.5 million for 2022–2024.[10] These organisations continue to collaborate with the Ministry of Economic Affairs and Communications.

Methods and tools

Note: the methods and tools listed in this section were the focus of EIGE’s 2024 assessment. If certain methods and tools are not mentioned in this section, this does not necessarily mean that they are not used by Estonia.

Gender impact assessment

A key method used to implement gender mainstreaming is gender impact assessments. According to the Rules of Procedure of the Government of the Republic, the impact of draft acts, strategic development plans and the positions of Estonia concerning EU draft legislation and other EU affairs must be assessed using the impact assessment methodology (IAM) approved by the Government of Estonia. Other important matters requiring a decision by a minister or submission to the government must also be assessed using the IAM. The current IAM refers to the Gender Equality Act and the Equal Treatment Act. In particular, it states that, when assessing impacts (direct, indirect and unwanted), different social groups (including women and men) within the wider target group must be analysed from the point of view of their needs and societal status.

Gender budgeting

No new developments on gender budgeting have taken place in Estonia since the project ‘Mainstreaming a gender perspective into the state budget’ was implemented in April 2012. The project was launched by the Ministry of Social Affairs and the Gender Equality and Equal Treatment Commissioner, and it resulted in the publication of a gender budgeting handbook.

Training and awareness raising

Currently, employees working in some ministries/departments are involved in regular gender equality training on an ad hoc and voluntary basis.

An interministerial gender mainstreaming working group was piloted in 2017 as a means of raising awareness. However, this did not perform as expected, and it was replaced by targeted meetings and training. Some training was carried out during the reporting period; however, for greater efficiency, there is a need to develop a systematic approach.[11]

In May–June and September–October 2024, two series of workshops on equality-related topics, including gender equality, digitalisation, the economy, climate and the living environment, were held. These workshops were open to all officials working on these issues in different ministries.

Gender statistics

Statistics in Estonia are regulated by the Official Statistics Act, which does not stipulate any requirement to collect sex-disaggregated data. Therefore, no specific unit is charged with the production of sex-disaggregated data within Statistics Estonia – the national statistical office – nor is there a website or section of a website devoted to gender statistics. Nonetheless, the country has introduced a requirement for the Ministry of Justice to collect crime and gender data in accordance with the Istanbul Convention. As the measure has been introduced only for this ministry, the scope for legislative improvements is limited.

Despite the absence of legal obligations, a considerable proportion of the key indicators produced by Statistics Estonia are disaggregated by sex, and there are specific web pages presenting data on the gender pay gap[12] and the sustainable development goals, including SDG 5 on gender equality. There are also ad hoc publications on gender statistics. These include The Life of Women and Men in Europe, published in 2020,[13] and Gender Equality Monitoring, published in 2021.[14]

Monitoring progress

Estonia's institutional mechanisms for gender equality and gender mainstreaming stand below the EU average, showing progress since 2021.

Explore Estonia's scores on the four key indicators on institutional mechanisms for the promotion of gender equality and gender mainstreaming developed to monitor progress on Area H of the Beijing Platform for Action. 

Estonia: Institutional mechanisms for gender equality and gender mainstreaming

References