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Estonian Human Rights Centre HUMAN RIGHTS in ESTONIA 2011 Annual Report of the Estonian Human Rights Centre HUMAN RIGHTS in ESTONIA 2011

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Estonian Human Rights Centre HUMAN RIGHTS in ESTONIA 2011 Annual Report of the Estonian Human Rights Centre HUMAN RIGHTS in ESTONIA 2011 HUMAN RIGHTS IN ESTONIA 2011 Annual Report of the Estonian Human Rights Centre HUMAN RIGHTS IN ESTONIA 2011 Annual Report of the Estonian Human Rights Centre HUMAN RIGHTS IN ESTONIA 2011 HUMAN RIGHTS IN ESTONIA 2011 Annual Report of the Estonian Human Rights Centre Edited by: Kari Käsper, Marianne Meiorg Translated by: Grete Anton !anks to: Kristin Rammus, Egert Rünne Published by: Foundation Estonian Human Rights Centre. Copyright: Authors, Foundation Estonian Human Rights Centre, 2012 Designed by: Mihkel Ronk, koosolek.ee Authors of photos (creative commons license, "ickr.com): erix!, mknobil, sandman, daily sunny, M.Markus, Magic Madzik, dandeluca, Elsie esq., russelljsmith, takomabibelot, Yortw, dicktay2000, PinkMoose Printed by: Ecoprint ISSN 2228-1045 ISSN 2228-1053 Compiling and publishing of the report supported by Open Estonia Foundation and Estonian Ministry of Culture. Views expressed in the report may not represent those of the Open Estonia Foundation and the Estonian Ministry of Culture. 2 HUMAN RIGHTS IN ESTONIA 2011 Contents Dear Reader! ............................................................................................................4 Iivi Anna Masso Prohibition of torture, inhuman or degrading treatment and punishment ....7 Kristi Rekand Prohibition of slavery and forced labour ............................................................17 Merle Albrant Right to Personal Liberty ......................................................................................27 Marianne Meiorg Kristi Rekand Right to a fair trial .................................................................................................39 Epp Lumiste Right to respect for private and family life .........................................................49 Kari Käsper Marianne Meiorg Freedom of expression ..........................................................................................63 Katrin Nyman-Metcalf Right to freedom of peaceful assembly ...............................................................73 Silver Meikar Prohibition of discrimination ..............................................................................85 Merle Albrant Right to education .................................................................................................97 Tanel Kerikmäe Right to free elections .........................................................................................107 Kari Käsper Situation of national minorities .........................................................................115 Kristjan Kaldur LGBT situation in Estonia ..................................................................................125 Christian Veske Rights of refugees and asylum seekers ..............................................................137 Kristi Toodo Rights of the child................................................................................................147 Malle Hallimäe Situation and rights of persons with disabilities ..............................................157 Monika Haukanõmm About the Estonian Human Rights Centre ......................................................169 3 HUMAN RIGHTS IN ESTONIA 2011 Dear Reader! uman rights are universal and inalienable and belong to everyone equally, regardless of nationality, place of birth and other circums- H tances, according to the Universal Declaration of Human Rights. However, when we assess the situation of human rights, we cannot help, but consider the environment, the state, cultural and historical basic system, and we might not even be aware of this. So it could be that we do not even notice, when we are assessing the situation of our own human rights, that by world standards, and especially in the context of post-communist states, the situa- tion of human rights in Estonia is relatively very good, even great. !e protection of political rights, elementary personal rights and freedoms, including freedom of speech, are now taken for granted. Reporters without Borders’ index for freedom of expression places Estonia on third place in the world, behind Finland and Norway. We also take it for granted that the police does not overstep its authority, persons are not arrested arbitrarily, they are not tortured in questionings – all this has become so normal that especially younger generations could easily forget that it was not so just a generation earlier – and is still not the case in many post-soviet states. On the other hand this does not mean that the situation with human rights is so good that no improvement could be made. Respect for rights is a perk that does not come about automatically, and it has the danger of being forgotten amidst passivity and carelessness if not monitored, or if it is taken for granted too much. !is must be kept in mind while reading this report. We no lon- ger have a reason to worry about a secret service overstepping its boundaries and forcing confessions for invented crimes in cellars #lled with horrors – but we do have to worry about situations which result in people being placed in circumstances where what they experience can be comparable to torture. Estonia has institutions that democratically create legislation and protect the rights of individuals, we have joined international treaties protecting human rights and are on our way to becoming members of UN Human Rights 4 HUMAN RIGHTS IN ESTONIA 2011 Council. But there is still work to be done on implementing the adopted principles in practice. It takes more than one generation in order to imple- ment the general behaviour and attitude that is in accordance with the rules of the free world that respects human rights, not just the legal practice. Because of our complicated history it has been easier to implement the legal principles that limit the opportunities of the representatives of state autho- rity to limit our rights. It is more di$cult to teach people to treat each other with dignity. Persons’ right to equal treatment means a prohibition of disc- rimination, which can be interpreted in many ways, but this must certainly be addressed. A single o$cial language does not constitute discrimination of its citizens in any country, however, treating people di%erently solely because of nationality, mother tongue or gender does. Discrimination is also present when persons with di%erent sexual orientation lack equal opportunity to o$cially recognise their private lives, and a more indirect case of discrimina- tion takes place when belonging to a group, regardless of level of education, is re"ected in economic situation and income of the group. If we were to identify the most important factor standing in the way of perfect execution of human rights in Estonia it would be carelessness. Carelessness as a world view is not in itself criminal, but if it means lack of care for the elderly or the ill, not noticing rights of children, turning a blind eye to human tra- $cking and discrimination, persons’ primary and speci#c rights will su%er. Human rights should never be just a turn of phrase. Neither should they be merely means of propaganda to accuse political opponents of when super- #cial o%ences occur. !e work for implementing rights must go on. !e inter- pretation and meaning of rights should also be widely discussed in society so that we understood, recognised and respected the meaning of culture based of rights – the culture we were ripped out of for decades. We should also respect our mutual rights when the eye of law is not upon us. !is should be consi- dered when reading this report. But this report also contains many positive things. It is a positive matter that we have come so far in such a short time. 5 HUMAN RIGHTS IN ESTONIA 2011 An important part of Estonian human rights work is to help people all over the world, help those whose most elementary rights are still not recognised. And let this be a reminder that there is no reason to stop and rest on laurels. Human dignity cannot be measured in money – it is a value that is a base for a society worth living in. Iivi Anna Masso member of the supervisory board of Estonian Human Rights Centre 6 HUMAN RIGHTS IN ESTONIA Prohibition of torture, inhuman or degrading 2011 treatment and punishment Prohibition of torture, inhuman or degrading treatment and punishment 7 Prohibition of torture, inhuman or degrading HUMAN RIGHTS IN ESTONIA treatment and punishment 2011 THE AUTHOR Kristi Rekand Kristi Rekand has been employed with the national legal sys- tem. She is currently working as a lawyer at the Estonian Patient Advocacy Association where she primarily specialises on the pro- tection of rights of persons with mental disorders. She has coo- perated with FRA and CPT on human rights. Kristi Rekand took part in the centre’s legal clinic program o%ering asylum seekers legal help. She considers it important that there are appropriate national structures and acts in place in order to guarantee human rights and fundamental freedoms. RIGHTS ECHR Article 3 – Prohibition of torture } No one shall be subjected to torture or to inhuman or degrading treatment or punishment. 8 HUMAN RIGHTS IN ESTONIA Prohibition of torture, inhuman or degrading 2011 treatment and punishment CHAPTER 1 Prohibition of torture, inhuman or degrading treatment and punishment orture and other inhuman or degrading treatment is prohibited by § 18 of the Constitution of the Republic of Estonia. !is prohibition T is also supported by the European Convention for the Protection of Human Rights and Fundamental Freedoms1 and the UN Convention against
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