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G ender equality in Estonia. Margit Sarv Gender Equality Commissioner. Equality before the law. UN Universal Declaration of Human Rights UN Covenant on Civil and Political Rights, UN Covenant on Economic, Social and Cultural Rights, Convention on the Rights of the Child, etc
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Gender equality in Estonia Margit Sarv Gender Equality Commissioner
Equality before the law • UN Universal Declaration of Human Rights • UN Covenant on Civil and Political Rights, UN Covenant on Economic, Social and Cultural Rights, Convention on the Rights of the Child, etc • European Convention for the protection of Human Rights and Fundamental Freedoms • Founding treaties of the European Union • National constitutions
on the basis of… nationality race colour sex language origin religion political or other opinion property or social status or on other grounds Prohibition of discrimination
Reasons for special protection • Historical inequalities • Intolerance • Prejudices • Stereotypes • Gender roles • etc
Formal equality > Equal rights > Factual equality Equal opportunities
WOMEN MEN Gender Equality
Average life expectancy by sex 80 75 70 Average M 65 W years 60 55 50 1995 1996 1997 1998 1999 2000 2001 2002 2003 Life expectancy and death rate
Gender Equality Act • Applies to all areas of social life • Includes: - definitions of gender equality, direct and indirect discrimination and harassment; - prohibition of discrimination (with exceptions) - promotion of gender equality - mandate and competence of Gender Equality Commissioner
Enhanced protection • Out-of-court complaint procedures in addition to the right of recourse to the court (Gender Equality Commissioner, Chancellor of Justice, Labour Dispute Committees) • Representation rights for persons who have a legitimate interest in monitoring compliance with the requirements for equal treatment (trade unions, women’s organisations, victim support organisations) • Shared burden of proof • Compensation for damage • Prohibition of victimisation
Main subjects of complaints • Services • Employment (recruitment, wage, layoff) • Media • Social insurance • Burden of proof • Training on gender equality • Defense forces service • Names Act • Custody issues in the case of divorce • NGO’s
Employment Would offering of a fixed term employment contract to a pregnant person constitute discrimination based on sex? • Less favorable treatment of a person in connection with pregnancy and child-birthis forbidden(Gender Equality Act § 5 (1)) • The activities of an employer shall also be deemed to be discriminating if the employerlimits the duration of work due to pregnancy or child birth (Gender Equality Act § 6 (2) 1) • In Employment Contracts Act there is a closed catalogue, whenan employment contract may be entered into for a fixed term(§ 27 (2))
Margit Sarv Gender Equality Commissioner e-mail: info@svv.ee phone: 6269 111 fax: 6269 259 address: Gonsiori 29, 15027 Tallinn homepage: www.svv.ee