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Summary: This report extracts mentions of children's rights issues in the reports of all UN Treaty Bodies and their follow-up procedures. This does not include the Concluding Observations of the UN Committee on the Rights of the Child which are available here: http://www.crin.org/resources/treaties/index.asp
Please note that the language may have been edited in places for the purpose of clarity.
- UN Human Rights Committee
- UN Committee on Economic, Social and Cultural Rights
- UN Committee on the Elimination of Racial Discrimination
- UN Committee on the Elimination of Discrimination against Women
- UN Committee against Torture
- UN Committee on Migrant Workers
- UN Committee on the Rights of Persons with Disabilities
- UN Committee on Enforced Disappearance
CCPR/C/EST/CO/3
Last reported : 12 / 13 July 2010
Concluding Observations issued : 4 August 2010
Issues raised:
Trafficking: While noting the efforts made by the State party to combat trafficking in women and girls, in particular the Development Plan for Trafficking in Human Beings 2006–2009, the Committee is concerned at the persistence in the State party of this phenomenon (art. 8). (Paragraph 9).
The State party should:
(a) Intensify its efforts to address trafficking in women and girls, including through its Development Plan on Reduction of Violence for 2010-2014;
(b) Prosecute, sentence and punish those responsible;
(c) Adopt the amendments relating to insert a specific provision on trafficking in the Penal Code under preparation in the Ministry of Justice; and
(d) Increase international cooperation on this issue.
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UN Committee on Economic, Social and Cultural Rights
E/C.12/EST/CO/2
Last reported: 15 / 16 November 2011
Concluding Observations issued: 16 December 2011
Issues raised:
Child labour: The Committee notes with concern the shortcomings in the legislative framework for the protection of the child, including the Employment Contract Act which authorizes longer working time than international standards for children under 15, the provisions of the Penal Code on the participation of a child of 14 and above in erotic work, and the Family Law Act which permits the marriage of a child between 15 and 18 upon a court decision and the consent of parents or guardian. (art. 10). (Paragraph 21).
The Committee urges the State party to strengthen its legislative framework on child rights protection. In particular, the Committee urges the State party to take the following into account in the formulation of the new Child Protection Act and other legislative measures: bring its legislation on working time as regards children under 15 into line with international standards, prohibit the engagement of children in erotic work, and to ensure that no marriage may be concluded with a child below 18 years of age. The Committee requests the State party to include in its next periodic report information on the number of child marriages on an annual basis.
Abortion: The Committee expresses concern that, while the rate of abortion has decreased, it continues to be widely practiced among adolescents, despite efforts to include sex education in the school curricula and the dissemination of information on sexual and reproductive health directed to adolescents through various media. Moreover, the Committee is concerned that unwanted pregnancy often leads teenage girls to drop out from school. The Committee also regrets that it has not been provided with information on the measures taken by the State party to raise awareness of sexual and reproductive health among the public at large. (arts. 12 and 10). (Paragraph 24).
The Committee urges the State party to ensure that sexual and reproductive health services are effectively accessible to adolescents. The Committee also calls on the State party to intensify its efforts aimed at preventing teenage pregnancy and to provide the necessary support services for pregnant adolescents, including measures to enable them to continue their education. The Committee requests the State party to include in its next periodic report information on sexual and reproductive health education provided to the public.
Education: The Committee notes with concern that the number of pupils who do not complete the upper secondary education remains high. (art. 13). (Paragraph 18).
The Committee recommends that the State party adopt targeted measures to address school dropout among pupils, and include in its next periodic report information on measures taken thereon as well as statistical data on dropout disaggregated by year, sex, ethnic origin, and level of education. The Committee also draws the attention of the State party to its general comment No. 13 (1999) on the right to education.
Violence: The Committee requests the State party to include in its next periodic report more detailed information on: (Paragraph 32).
(e) The impact of measures taken to address violence in school;
(f) The enrolment of non-Estonian pupils and students at the various levels of education;
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UN Committee on the Elimination of Racial Discrimination
CERD/C/EST/CO/8-9
Last reported : 19/20 August 2010
Concluding Observations issued : 27 August 2010
Issues raised:
Education and minorities: The Committee notes the information provided by the State party on education and employment among minorities but regrets that the data does not allow for a comprehensive understanding and assessment of the situation of [all ethnic groups and especially] vulnerable groups in the State party. (art. 5 (e)). (Paragraph 16).
The Committee recommends that the State party ensure that, in the context of the 2011 census, data is collected on the socio-economic situation of all ethnic groups and especially vulnerable groups on the basis of voluntary self-identification, with full respect for the privacy and anonymity of the individuals concerned. The Committee, in accordance with its general recommendation No. 8 (1990) on the interpretation and application of article 1 of the Convention and paragraphs 10 to 12 of its revised reporting guidelines (CERD/C/2007/1), requests that the State party include such data, disaggregated by ethnic group, nationality and language spoken, in its next periodic report with a view to evaluate the situation of groups within the definition of article 1 of the Convention.
Roma children and discrimination: While welcoming the various measures and initiatives taken by the State party in favour of the Roma, the Committee regrets the lack of information on the effectiveness of these initiatives and the paucity of information regarding the situation of Roma in general in the State party. The Committee also notes with concern the discrimination reportedly experienced by Roma children in accessing quality education. (arts. 2 and 5). (Paragraph 17).
Recalling its general recommendation No. 27 (2000) on discrimination against Roma, the Committee calls on the State party to conduct research with a view to assessing the real situation of the Roma community in its territory and encourages the State party to participate in initiatives aiming at finding national and regional solutions to the widespread exclusion of the Roma population. The Committee also recommends that the State party bring to an end and prevent any segregation of Roma children in the field of education.
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UN Committee on the Elimination of Discrimination against Women
CEDAW/C/EST/CO/5-6
Concluding observations published: 18 November 2016
Positive developments: The Committee welcomes the fact that, in the period since the consideration of the previous report, the State party has ratified or acceded to the following international and regional instruments: The Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, in 2014 (para 6).
Temporary special measures: The Committee notes with concern that the State party has not adopted any temporary special measures for the advancement of women, despite the legal basis in the 2004 Gender Equality Law, apparently due to the lack of popular support for such measures. The Committee recommends that the State party carry out awareness raising campaigns to promote understanding of the importance and the non-discriminatory nature of temporary special measures and that it put in place temporary special measures, in accordance with article 4, paragraph 1, of the Convention and the Committee’s general recommendation No. 25 (2004) on temporary special measures, in all areas where women are underrepresented or disadvantaged in order to accelerate the achievement of substantive gender equality in the areas covered by the Convention, in particular as regards women facing intersecting forms of discrimination such as women and girls belonging to linguistic and ethnic minorities, older women, women with disabilities and women living in rural areas (paras 14, 15).
Stereotypes: The Committee welcomes the State party’s efforts to eliminate discriminatory gender stereotypes through monitoring surveys, awareness raising, media campaigns and educational measures. However, it notes with concern that the persistence of discriminatory stereotypes on the roles and responsibilities of women and men in the family and in society constitutes a barrier to women’s active participation in economic life, in particular when they have children below the school age, thereby limiting their career perspectives and access to leading positions. The Committee recommends that the State party address discriminatory stereotypes on the roles and responsibilities of women and men in the family and in society, with the involvement of women’s and civil society organizations, and increase the resources dedicated to such efforts (paras 16, 17).
Violence against women: The Committee is further concerned that incidents of domestic violence and women’s and children’s safety needs are frequently not taken into consideration by the courts when deciding on child custody, and child protection specialists lack training and understanding on domestic violence and its implications of the welfare of children. The Committee recommends that the State party amend the Family Law to ensure that the occurrence of domestic violence is always considered in determining custody of children, train child protection agencies on domestic violence, and ensure that experts on violence against women are heard in child custody proceedings (paras 18, 19).
Trafficking and exploitation of prostitution: The Committee notes with concern that the State party continues to be a source, transit, and destination country for trafficking in women and girls for purposes of sexual exploitation and forced labour. The lack of information about exploitation of prostitution in the State party and its relationship with trafficking in persons as well as lack of prevention and rehabilitation measures for victims of sexual exploitation and the insufficient support to women and girls who wish to leave prostitution. The Committee recommends that the State party continue its efforts to combat trafficking in persons, in particular women and girls; collect data on trafficking in women and girls and exploitation of prostitution and strengthen assistance provided to women and girls who wish to leave prostitution, including by providing alternative income-generating opportunities (paras 20, 21).
Nationality: The Committee welcomes the 2015 Amendments to the Citizenship Law granting Estonian citizenship to children with undetermined citizenship born in the State party which benefit girls. However, the Committee notes with concern that these amendments do not apply to children with undetermined citizenship in the age category between 15 and 18 years which may disproportionally affect adolescent girls; The number of women and girls with undetermined citizenship remains high and the number of their naturalizations has decreased in recent years. The Committee recommends that the State party fast-track the naturalization of children with undetermined citizenship in the age category between 15 and 18 years (paras 24, 25).
Education: The Committee notes that women and girls are equally represented as men and boys at the different levels of education. The Committee is, however, concerned about women’s and girls’ concentration in traditionally female-dominated fields of study and career paths, such as education, social services, health and welfare, and their underrepresentation in for example information technology and architecture due to persistent gender stereotypes; Discrimination faced by Russian speaking minorities and girls with disabilities in accessing education. The Committee recommends that the State party strengthen its strategies to address discriminatory stereotypes and structural barriers that may deter girls from enrolling in traditionally male-dominated fields of study, such as information technology and architecture; Ensure that girls belonging to linguistic and ethnic minorities, in particular Russian girls, and girls with disabilities have adequate access to education, including instruction in or of their mother tongue and inclusive education, respectively (paras 26, 27).
Employment: The Committee is also concerned about the low employment rate among women aged 25 to 49 years due to unequal sharing of child-raising and caretaking responsibilities between women and men and the lack of childcare services in the State party. The Committee recommends that the State party promote employment of women in the age group 25 to 49 years by providing sufficient childcare services and encouraging men to take paternity leave; Economic and social benefits and economic empowerment of women (paras 28, 29). The Committee recommends that the State party increase the proposed amounts to be allocated under the new Child Maintenance Fund to equal at least the State-required minimum child maintenance level (paras 32, 33).
Rural women: The Committee notes that the social protection of women working in family enterprises of their spouses has been strengthened due to the possibility to be registered as a worker in the health and pension system. However, it is concerned at reports that women’s organisations were excluded from meaningful consultation during the planning phase of the Rural Development Plan 2014-2020 and that recent administrative reforms have limited women’s access to basic services for rural women. The Committee recommends that the State party implement a comprehensive strategy to ensure that rural women and girls have adequate access to quality education, employment and health care as well as to decision-making processes and economic empowerment (paras 34, 35).
Marriage and family relations: The Committee notes with concern that women in de facto unions as well as their children may be deprived of adequate protection of their economic rights in case of separation; The deficiency in enforcement of child support payments that leads to high rates of men who default on their payments. The Committee recommends that the State party adopt more stringent measures for enforcement of child support orders (paras 38, 39).
CEDAW/C/EST/CO/4
Last reported: 24 July 2007
Concluding Observations issued: 10 August 2007
Issues raised:
Trafficking: While appreciating the measures taken to combat human trafficking, including the adoption in 2006 of the Development Plan against Trafficking in Human Beings for 2006-2009, the amendment to the Aliens Act in February 2007 providing for the possibility of granting a temporary residence permit to victims of trafficking, and the ratification in May 2004 of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, the Committee remains concerned about the persistence of trafficking in women and girls in Estonia. (Paragraph 18).
The Committee calls upon the State party to ensure the effective implementation of all measures taken to combat human trafficking. The Committee urges the State party to collect and analyse data from the police and international sources, prosecute and punish traffickers, and ensure the protection of the human rights of trafficked women and girls. It also recommends that the State party address the root cause of trafficking by increasing its efforts to improve the economic situation of women, thereby eliminating their vulnerability to exploitation and traffickers, and take measures for the rehabilitation and social integration of women and girls who are victims of trafficking. The Committee requests the State party to provide, in its next report, comprehensive information and data on trafficking in women and girls, on the exploitation of prostitution and on the measures taken to prevent and combat such activities.
Early marriage: The Committee is concerned that a minor between 15 and 18 years of age may legally marry. The Committee is concerned about the lack of information on the impact on women of the proposed new Family Law Act, which changes the marital property regime. The Committee is further concerned about the lack of legal protection of the rights of cohabitating women. (Paragraph 30).
The Committee urges the State party to raise the legal age of marriage for women and men to 18 years, in line with article 16, paragraph 2, of the Convention on the Elimination of All Forms of Discrimination against Women, the Committee's general recommendation 21 and the Convention on the Rights of the Child. The Committee recommends that the State party undertake a gender impact analysis of the proposed new Family Law Act and include the results of such analysis, including measures taken in response, in its next report. The Committee further recommends that the State party ensure the same protection of women's rights in marriage and in situations of cohabitation.
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UN Committee against Torture
CAT/C/EST/CO/5
Last reported: 22 / 23 May 2013
Concluding Observations issued: 17 June 2013
Issues raised:
Domestic violence: Recalling its previous concluding observations (para. 21) and the new plans and guidelines for reducing such violence, the Committee remains concerned by the continued absence of specific legislation to prevent and combat domestic violence and the fact that domestic violence is not a distinct crime in the Penal Code (arts. 1, 2, 4, 12, 13, 14 and 16). (Paragraph 12).
(d) Ensure that all allegations of domestic violence, including sexual violence and violence against children, are registered by the police, that all allegations of violence are promptly, impartially and effectively investigated, and that perpetrators prosecuted and punished;
Corporal punishment: While taking note that corporal punishment is unlawful in schools and in the penal system, the Committee is concerned by the absence of legislation which explicitly prohibits corporal punishment in all settings (arts. 2 and 16). (Paragraph 21).
The Committee recommends that the Child Protection Act be amended to prohibit explicitly corporal punishment of children in all settings, including at home and in alternative care settings, as an offence under the law.
Statelessness: While welcoming the significant reduction of statelessness in the State party from 32 per cent in the 1990s, and noting the information provided by the representatives of the State party, the Committee is concerned that some 7 per cent of the population continues to have “undetermined citizenship” and by the low level of registration as citizens of children born in Estonia to non-citizen parents (art. 2). Paragraph 22.
The State party should:
(a) Adopt legal and practical measures to simplify and facilitate the naturalization and integration of stateless persons and non-citizens, including by revisiting the requirements for the granting of citizenship;
(b) Consider offering language courses free of charge to all non-citizens who wish to apply for Estonian citizenship;
(c) Continue and enhance the efforts by the Citizenship and Migration Board to raise the awareness of parents whose children are eligible for naturalization through the simplified procedure of the requirements for citizenship, and consider granting automatic citizenship at birth, without previous registration by parents, to the children of non-citizen parents who do not acquire any other nationality;
CAT/C/EST/CO/4
Last reported: 13 / 14 November 2007
Concluding Observations issued: 19 February 2008
Issues raised:
Trafficking: While welcoming awareness-raising and prevention campaigns and programmes (including the EQUAL EU cooperation project) as well as the National Plan of Action on trafficking in human beings, the Committee remains concerned about this persistent phenomenon and the absence of specific legislative measures to prevent, combat and punish human trafficking (art. 16). (Paragraph 20).
The State party should reinforce its legislation and adopt other effective measures in order to adequately prevent, combat and punish human trafficking, especially that of women and children, and should promptly investigate, prosecute and punish all perpetrators of such crimes.
Violence: 21. The State party should also promptly investigate, prosecute and punish all perpetrators of such violence and ensure adequate training to sensitize law enforcement personnel on domestic violence, including sexual violence and violence against children. (Paragraph 21).
Nationality: The Committee notes the concerns and recommendations of the Committee on the Elimination of Racial Discrimination, the Human Rights Committee and the Committee on the Rights of the Child. While welcoming the reduction of statelessness in the State party, the Committee remains concerned at the fact that approximately 33 per cent of the prison population is composed of stateless persons, while they represent approximately 8 per cent of the overall population of the State party (art. 16). (Paragraph 22).
The State party should adopt all adequate legal and practical measures to simplify and facilitate the naturalization and integration of stateless persons and non-citizens.
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UN Committee on Migrant Workers
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UN Committee on the Rights of Persons with Disabilities
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UN Committee on Enforced Disappearance