ESTONIA: Children's Rights References in the Universal Periodic Review

Summary: A compilation of extracts featuring child-rights issues from the reports submitted to the first Universal Periodic Review. There are extracts from the 'National Report', the 'Compilation of UN Information' and the 'Summary of Stakeholder's Information'. Also included is the final report and the list of accepted and rejected recommendations.

Estonia - 10th Session - 2011
2nd February, 9am to 12pm

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National Report
Compilation of UN Information
Stakeholder Information
Accepted and rejected recommendations

National Report

11. By regular voluntary donations made during a period of approximately ten year within multilateral development cooperation, Estonia has provided support to programmes and funds aimed at protecting human rights, including the rights of women, and promoting the situation of women and girls.

12. Within humanitarian cooperation, Estonia has provided consistent support to the UN Office for the Coordination of Humanitarian Affairs, the UN Disaster Assessment and Coordination team, the International Committee of the Red Cross, and the UN High Commissioner for Refugees, helping these organisations in their work for improving the situation of women and girls affected by humanitarian crises. In addition to regular donations, Estonia has made targeted contributions to resolving situations in specific countries.

13. Within bilateral development cooperation, Estonia has supported improving the situation of women and children by providing support, inter alia, to Georgia, Ukraine, Moldova and Afghanistan.

34. Human rights issues were introduced into Estonian school curricula only relatively recently, after the regaining of Estonia's independence. Currently, these topics are covered as part of the civic studies syllabus in basic schools and upper secondary schools. In addition, the curriculum contains human rights as an elective subject. In connection with this, the Institute of Human Rights has highlighted the need for human rights training and in-service training for teachers. Human rights as an elective subject also exists in the curriculum of higher educational institutions.

80. The principle of protecting children in Estonia has always given priority to the interests of the child. Child protection is ensured by national, local and social authorities. Since 1 January 2009, there is a common European helpline 116,111 which can be used to notify about a child in danger. All the authorities and institutions dealing with the promotion of welfare of people living in Estonia must observe the interests of the child in their activities

81. The national contact point for unaccompanied and trafficked children is in the Ministry of Social Affairs.

82. The main burden of child protection lies on local authorities which organise child protection, provide assistance on their respective territories and must ensure access to the required services for children and families. Local authorities have special child protection officials or social workers responsible for issues of child protection. The state provides financial assistance to local government bodies for improving the quality and accessibility of the existing services and developing new services10. In local authorities which do not have a child protection worker the relevant tasks are performed by a social worker or another authorised official. In 2008, there were a total of 162 child protection workers in 227 local authorities. In accordance with the concept of child protection, Estonia wishes to bring child protection up to the level where there is one child protection worker per 1000 children.

83. An important role in child protection in Estonia is played by non-governmental organisations which in close cooperation with the state help to guarantee the rights of children and provide services to children and families. The main organisations active in this field are the Estonian Union for Child Welfare, the Estonian Children's Fund and the Estonian National Committee for UNICEF. The Chamber for the Protection of Interests of the Child unites various NGOs (non-profit associations, foundations, funds, research institutions) dealing with the issues of children and families in Estonia who wish to participate actively in protecting the interests of children and families and contribute to developing the state's child and family policy.

84. § 10 of the Child Protection Act importantly establishes the principle of non- discrimination. Children have an equal right to receive assistance and care and to develop, regardless of their gender or ethnic origin, regardless of whether they live in a two-parent family or single-parent family, whether they are adopted or under curatorship, whether they are born in wedlock or out of wedlock, or whether they are healthy, ill or disabled. The child also has the right to participate in the development of child protection programmes either personally or through a representative selected by the child. The principle of taking the child's opinion into consideration and the principle of involvement are reflected in § 11 and § 16 of the Child Protection Act. At the same time, child protection activists in Estonia, the Institute of Human Rights and the Chancellor of Justice have pointed to the need to modernise the Child Protection Act. Therefore, the Ministry of Social Affairs has started analysing the Child Protection Act and drawing up the concept for the new Act.

85. Supervision over compliance with the rights of children is exercised by the Chancellor of Justice within his competence.

86. In 2009, a discussion on creating the institution of children's ombudsman took place. Various debates and roundtable discussions on the issue were held. In May 2009, the Riigikogu legal affairs committee held a public meeting to discuss the creation of the institution. As a result of this, all the participants agreed with the need for such an institution but no final decision on its creation has yet been adopted.

87. In Estonia, several strategy documents on children have been adopted. On 16 October 2006 the Government approved the Strategy for Guaranteeing the Rights of Children for the period 2004−2008. The aim of the strategy is to implement the principles enshrined in the UN Convention on the Rights of the Child and its additional protocols.

88. At the end of 2009 the implementing report of the Strategy for Guaranteeing the Rights of Children 2004−2008 was prepared, summarising the main activities carried out within the strategy and their results, and assessing the process of carrying out the strategy, and its impacts. The report proposed to continue strategic planning in the area of the right of the child in combination with underlying principles of family policy and establish an integrated development plan on children and families.

89. The Strategy for Guaranteeing the Rights of Children 2004−2008 was the first development plan which focused on the welfare and life of children, and one of its important outcomes is also improved cooperation between different areas and ministries in ensuring the rights of children. In the course of implementing the strategy, several other development plans and strategy documents on the rights and welfare of children were also drawn up. For example, in 2005 the Government approved the conception of child protection aimed at creating an integrated system for protecting the rights of children and obtaining proposals for amending laws and regulations in this area (e.g. the Family Law Act). In 2010, the Ministry of Social Affairs has started drawing up the development plan for children and families 2011−2020, which aims to ensure better protection of the rights of children as well as raising the quality of life of families.

90. The state's priorities also include national minorities. The State's Integration Strategy 2008−2013 specifically highlights educational activities for children and activities outside the formal education system.

91. Since 2008, the Ministry of Social Affairs has been coordinating the activities of the cooperation group on safer internet for children. In 2010, Estonia joined the EU Safer Internet Programme and on 1 September a 20-month project "Raising awareness for safer usage of the Internet in Estonia" was launched under the leadership of the Estonian Union for Child Welfare.

92. In the recent years, various training events have been organised to boost institutional capacity by raising the awareness and qualification of experts dealing with children and young people. Special attention is given to developing the skills of police officers, prosecutors and judges in dealing with children. Regular training for specialists and officials has been provided to offer them information about the rights of the child, human trafficking, sexual harassment and other issues relating to violence. Child protection workers, social workers, psychologists, medical workers, teachers and workers of care institutions have received training to deal with sexually harassed or trafficked children.

93. Several campaigns and information activities have been carried out and debates in the media have been organised in order to raise the awareness of the public about noticing mistreatment of children and notifying and preventing it.

94. Since 2004, training events for parents have been organised by the NGO Perekoolitusühing Sina ja Mina and various other organisations. Supporting of parenthood is one of the three main topics covered by the Development Plan for Children and Families 2011−2020.

95. Since 2004, when the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography was ratified, national development plans have focused more on the prevention of mistreatment of children, trafficking in children, child prostitution and child pornography and on combating these phenomena. The Development Plan for Combating Trafficking in Human Beings 2006−2009 contained separate measures for preventing trafficking in children. Since 2010, the tasks relating to prevention of trafficking in children and assisting unaccompanied children are included in the Development Plan for the Reduction of Violence 2010−2014. The development plan focuses on the prevention and reduction of violence against children, youth violence and crime, domestic violence and human trafficking. The core of combating violence against children in the following years will be school bullying in its different forms, violence in child care institutions, exploitation of children on the Internet, sexual crimes against children, and early detection of these problems and assistance to children who have become victims.

105. In the last three years, there have been no cases of trafficking in children in Estonia. However, the current official crime statistics do not fully reflect the problem of human trafficking as the statistics only include proceedings initiated under the specific sections of the Penal Code (e.g. enslavement, mediation of prostitution). Improving the collection of statistics is one of the objectives under the development plan for the reduction of violence.

106. Based on the analysis prepared by the Ministry of Justice, amendment of the Penal Code has been initiated. The amendments will introduce a separate provision on human trafficking as a criminal offence, as has also been recommended by the Special Rapporteur on the sale of children, child prostitution and child pornography Najat M'jid Maalla.

113. Estonia has taken several measures to promote naturalisation and further reduce the number of persons with undetermined citizenship. Particular attention is paid to minors under 15 years old for whom parents can apply for Estonian citizenship by simplified procedure. The active information campaign launched in 2007 is targeted primarily for parents of such children.

114. As a result of the information campaign, children under 15 years old make up the majority of all the citizenship applicants and practically no cases of refusal of citizenship to them occur.

145. Under § 37 of the Constitution, everyone has the right to education. Education is compulsory for school-age children to the extent specified by law, is free of charge in state and local government general education schools. In order to make education accessible, the state and local authorities must maintain the requisite number of educational institutions. Other educational institutions, including private schools, may also be established and maintained pursuant to law. Parents have the final decision in the choice of education for their children.

146. The Constitution is supplemented primarily by the Education Act and other legislation establishing that a child must attend school if he or she will have attained 7 years of age by 1 October of the current year. Pupils must attend school until they have acquired basic education or attained 17 years of age. According to Statistics Estonia, the proportion of young people aged 18-24 who have interrupted their studies without having acquired basic education is approximately 15 per cent. As failure to comply with compulsory school attendance and dropping out of school is a problem, the new Basic Schools and Upper Secondary Schools Act which entered into force on 1 September 2010 pays more attention to school attendance and its enforcement on the level of parents, school and local government.

147. All children with disabilities and children in need of special assistance have the right to acquire education corresponding to their abilities. Therefore, the new Basic Schools and Upper Secondary Schools Act pays more attention to ensuring education suitable for children with special educational needs, for example through drawing up an individual curriculum and providing various support services.

148. Under the Constitution, everyone has the right to receive instruction in Estonian. However, the language of instruction in national minority educational institutions is chosen by the educational institution. Currently, it is possible to receive basic and secondary education in Estonian or Russian; approximately 19 per cent of pupils attend schools with Russian as the language of instruction; in addition, in private schools it is possible to study in Finnish and English. Vocational education can be acquired in Estonian and Russian. In several specialities, higher education is also available in Russian. The Government finances all the schools on an equal basis regardless of their language of instruction.

151. In January 2010, the Government approved the new basic and upper secondary school curricula. The national curricula contain different syllabuses for Estonian and Russian-speaking schools for the subject of language and literature. On the upper secondary school level, there are also different syllabuses for the subject of language and literature depending on the language of instruction, including the syllabus of Estonian as the second language. The Russian language is taught in Russian-speaking schools as a mother tongue and in literature classes more attention is paid to Russian literature. The new national curriculum also deals with cultural diversity, and the task of all teachers both in Estonian and Russian-speaking schools is to support the cultural identity of pupils and develop tolerance towards other cultures and ethnic groups.

156. As an important achievement, we would also like to note the adoption and implementation of the Strategy for Guaranteeing the Rights of Children 2004−2008. Further challenges include paying greater attention to prevention instead of dealing with the consequences. The Chancellor of Justice and several NGOs have pointed to the need to create the institution of children's ombudsman.

159. Estonia is a candidate to become a member of the Human Rights Council in order to improve the distribution of information about human rights and their protection. In international organisations as well as in our bilateral relations we continue to pay particular attention to the rights of women and children.

UN Compilation

3. In 2010, CERD reiterated its invitation to Estonia to ratify the 1961 Convention on the Reduction of Statelessness and the 1954 Convention relating to the Status of Stateless Persons. The Committee on the Rights of the Child (CRC)11 and the Office of the United Nations High Commissioner for Refugees (UNHCR) recommended that Estonia accede to these conventions. The Committee against Torture (CAT) and the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance also made similar recommendations.

4. CRC encouraged Estonia to ratify CRPD and OP-CRC-AC, which it has already signed.

9. In 2010, CRC recommended that the present office of the Chancellor of Justice be accessible and known to children, and that it conform to the Paris Principles. As an alternative, the Committee encouraged Estonia to set up a separate and independent children's ombudsman.

14. In 2005, Estonia adopted the Plan of Action (2005–2009) for the World Programme for Human Rights Education focusing on the national school system. Human rights education was part of the National Curriculum for Basic Schools and Upper Secondary Schools and was a compulsory subject in civics.

22. CERD noted with concern the discrimination reportedly experienced by Roma children in accessing quality education. It recommended that Estonia bring to an end and prevent any segregation of Roma children in the field of education.

33. The Special Rapporteur on the sale of children, child prostitution and child pornography stated that children were increasingly exposed to the risk of commercial sexual exploitation. While the number of reported cases of child prostitution and child pornography was low, the Special Rapporteur was of the view that vigilance was required and efforts should be directed towards prevention. She regretted that legislation did not provide a complete definition of "child pornography" and recommended that the definition be amended in accordance with OP-CRC-SC. The Special Rapporteur also recommended that legislation clearly stipulate that a child under 18 years of age is unable to consent to any form of sexual exploitation, including child pornography and child prostitution. CRC made a similar recommendation.

34. While appreciating the measures taken to combat human trafficking, CEDAW remained concerned about the persistence of trafficking in women and girls. The HR Committee, in 2010, and CESCR70, in 2002, expressed similar concerns.

38. While noting that violence against children was prohibited, CRC recommended that Estonia explicitly prohibit corporal punishment and prevent all forms of physical and mental violence in schools and in institutions.

41. In 2003, CRC was concerned that no special courts were established for criminal proceedings against juveniles.

43. CEDAW was concerned that a minor between 15 and 18 years of age might legally marry. It was further concerned about the lack of legal protection of the rights of cohabitating women.

44. In 2009, the Special Rapporteur on the sale of children, child prostitution and child pornography noted a significant number of children placed in alternative care institutions and observed a need for Estonia to adopt norms and standards for the follow-up of children placed in, and later released from such institutions. In 2003, CRC was also concerned at the high number of children in institutions.

46. The Special Rapporteur on the sale of children, child prostitution and child pornography referred to information concerning a trend in the eastern part of Estonia of cases of children not being registered at birth. UNICEF made similar observations.

57. In 2003, CRC expressed concern that more than 5,000 children did not attend school, and that repetition and drop-out rates were high. It noted that possible reasons for dropouts included: lack of security from bullying, overcrowded classrooms, poor school environment as a result of diminished extra-curricular activities, overburdened teachers and closure of schools in rural areas for economic reasons. In 2009, the ILO Committee of Experts, while referring to the CRC concluding observations on possible reasons for the high drop-out rates, requested Estonia to ensure that all children benefit from access to the free and compulsory education provided for by the Constitution and that they remain in school.

59. CRC noted with concern that the implementation of the Education Act did not sufficiently envisage the inclusion of disabled children and that negative societal attitudes towards inclusion persisted.

Stakeholders Compilation

19. CoE-ECRI noted that Roma children continued to be placed in specialised schools for disabled children when they were not disabled. CoE-ECRI urged Estonia to remove Roma children who are not disabled from special schools and reintegrate them into mainstream schools.

30. Global Initiative to End All Corporal Punishment of Children (GIEACPC) reported that corporal punishment was lawful in the home.47 CoE-ECSR also noted that the corporal punishment of children was not prohibited within the family.48 GIEACPC stated that provisions against violence and abuse in the Child Protection Act (1992), the Family Law (1994), the Code of Administrative Offences and the Penal Code (2002) were not interpreted as prohibiting all corporal punishment in childrearing. GIEACPC noted that there was no explicit prohibition of corporal punishment in schools, though it was considered unlawful under the Child Protection Act and the Basic Schools and Upper Secondary Schools Act. In the penal system, corporal punishment was unlawful as a sentence for crime. It was considered unlawful as a disciplinary measure in penal institutions, but it was not explicitly prohibited. There was no explicit prohibition of corporal punishment in alternative care settings. CoE-Commissioner recommended that Estonia prohibit explicitly any kind of violence against children, including corporal punishment.

43. SRI noted that although the Government had not adopted a national programme on sexual and reproductive health, family planning services were provided by obstetrics and gynaecology services in hospitals and polyclinics, as well as in primary health care services. SRI referred to a high percentage of unwanted pregnancies among young women and girls, the lack of a broad-reach sex education plan, and the lack of adequate access to contraceptive facilities and methods, especially for Russian-speaking women, minorities and rural women. SRI recommended that the government ensure access to sex education in primary and secondary schools, and universities and take measures to promote awareness-raising campaigns on sexual and reproductive health and rights, aimed especially at rural women and Russian-speaking women.

44. CoE-Commissioner noted that in the school year of 2007/2008 the transition to Estonian as the main language of instruction in Russian-speaking upper-secondary schools started and according to the Basic Schools and Upper Secondary Schools Act, teaching in Estonian would be progressively introduced in the curriculum of Russian-speaking upper- secondary school. CoE-ECRI noted that the implementation of the reform, established by the Basic Schools and Upper Secondary Schools Act had highlighted the need for further training of teachers in Russian-speaking schools to prepare them for these reforms. Similarly, CoE-CM noted that the envisaged transfer to Estonian as the main language of instruction in secondary schools, involving at least 60 percent of instruction in Estonian, had not been adequately prepared by the authorities. CoE-ECRI stressed the importance of ensuring that all children received quality education and that the above reforms not result in lowering the standard of education received by Russian-speaking pupils.76 CoE-ECRI recommended that Estonia take all possible measures to ensure the quality of education while strengthening Estonian language instruction to Russian-speaking children and respecting their identity.

45. CoE-ECRI stated that a high dropout rate and late entry into the school system continued to be noted among Roma children. CoE-ECRI recommended that Estonia take measures to combat the high school dropout rate of Roma children and to ensure that they start attending school at the mandatory age.

46. CoE-Commissioner noted that children with special needs had the right to study in a mainstream school in the area where they live or to attend the nearest school meeting their educational requirements. However, in practice, this right was often not realised for children with disabilities. According to CoE-Commissioner, many mainstream schools did not enrol children with disabilities on the grounds that they could not provide the needed support services. Due to a lack of equipped schools and despite the wish of most parents, children with disabilities could not in many cases attend a mainstream school near to their home and had to be placed in specialised institutions far from their family. CoE- Commissioner encouraged the Government to further its efforts to facilitate the integration of children with disabilities in mainstream schools as much as possible.

52. While noting the measures taken to reduce the number of stateless people, CoE- ECRI noted that further measures were necessary to that end, as that group comprises approximately 8 per cent of the population. It recommended that Estonia continue measures taken thus far to reduce the number of stateless persons, in full consultation with representatives of the concerned persons. COE-ECRI also recommended that Estonia ensure that stateless parents are made aware of the possibility of requesting citizenship for their under 15-year-old children and that the language requirements for the acquisition of Estonian citizenship be facilitated or scrapped for older generations of non-citizens in order to enable them to acquire Estonian citizenship more easily.

Accepted and Rejected Recommendations

The following recommendations were accepted by Estonia:

A - 77.24. Create the institution of ombudsman for children (Finland)

A - 77.27. Continue efforts to protect and promote the rights of the child (Lithuania)

A - 77.42. Consider taking necessary measures to prevent and combat discrimination towards minorities, and positively consider the recommendation of the Committee on the Elimination of Racial Discrimination on the prevention of segregation of Roma children in the field of education (Brazil)

A - 77.49. Bring an end to segregation of Roma children in the field of education (Denmark)

A - 77.58. Adopt the necessary legislation, and prohibit any kind of violence against children, including corporal punishment (Finland)

A - 77.87. Pay special attention to the rights of Roma children to education, and implement the relevant policy instruments to ensure their enjoyment of the rights as enshrined in the Estonian Constitution (Finland)

The following recommendations are pending or no clear decision was taken:

P - 79.12. Speed up the process to adopt the Development Plan for Children and Families 2011-2020 (Azerbaijan)

P - 79.15. Adopt a National Plan of Action as well as a specific Law to combat the sale of children, child prostitution and child pornography (Islamic Republic of Iran);

P - 79.16. Amend legislation to change the minimum age for marriage from 15 to 18 years (Bosnia and Herzegovina)

The following recommendations were rejected:

R - 80.8. Establish a separate and independent institution for safeguarding children rights (Norway)

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