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Summary: General overview of Estonia's national legal provisions on children's rights, including guidance on how to conduct further research. National laws on children's rights Status of CRC in national law Constitution: Art. 8 declares that every child of an Estonian citizen parent has the right to Estonian citizenship by birth. Art. 26 states that everyone has the right to the inviolability of private and family life. Art. 27 recognises the family as the basis of society and fundamental for the preservation and growth of the nation. Families must be protected by the Government, and parents have the right and duty to raise and care for their children. Art. 28 states that families with many children are under the special care of the state and local governments. Art. 37 guarantees every child's right to education. Moreover, education is compulsory for school-age children to the extent specified by law and must be provided free of charge in state and local public schools. Private schools may also be established, and parents have the final decision in the choice of education for their children. Legislation: Child Protection Act (RT 1992, 28, 370); Family Act (RT I 1994, 75, 1326; 1997, 28, 422; 35, 538); General Principles of the Civil Code Act (RT I 1994, 53, 889; I 1994, 89, 1516); Code of Civil Court Procedure (RT I 1998, 43, 666); Penal Code (RT1 I 2001, 61, 364; consolidated text RT I 2002, 86, 504); Code of Enforcement Procedure (RT I 1993, 49, 693; 1997, 43/44, 723; 1998, 41/42, 625; 51, 756; 61, 981; 103, 1695; 1999, 18, 302; 27, 380; 95, 845); Code of Administrative Offences (RT 1992, 29, 396; RT I 1995, 76–78, 1345; 83, 1441; 1996, 3, 56 and 57; 26, 528; 31, 631; 48, 944; 83, 1488; 86, 1538; 1997, 1, 3 and 4; 5/6, 30; 16, 259; 28, 423; 30, 472); Education Act (RT I 1992, 12, 192; 1994, 12, 200; 1997, 42, 678; 81, 1365; 1999, 51, 550; 102, 908); Pre-School Child Care Institutions Act (RT I 1999, 27, 387); Basic and Upper Secondary Schools Act (RT I 1993, 63, 892; RT I 1999, 42, 497); Vocational Schools Act (RT I 1998, 64/65, 1007; RT I 1999, 10, 150); Hobby Schools Act (RT I 1995, 58, 1004); Means for Influencing Minors Act (RT I 1998, 17, 264); Youth Work Act (RT I 1999, 27, 392); Social Welfare Act (RT I 1995, 21, 323); Family Benefits Act (RT I 1997, 42, 676; 77, 1309; 1998, 86/87, 1407; 1999, 67, 657; 82, 749); Non-Profit Associations Act (RT I 1996, 42, 811; 1998, 96, 1515; 59, 941; 1999, 23, 355; 67, 658); Churches and Congregations Act (RT I 1993, 30, 510); Citizenship Act (RT I 1995, 12, 122; 83, 1442; 1998, 111, 1827; 2000, 51, 323); Ethnic Minorities Cultural Autonomy Act (RT I 1993, 71, 1001); Social Benefits for the Disabled Act (RT I 1999, 16, 273). Legal Research Case law Case Law Research Compliance with the CRC In depth analysis: The Committee remained concerned about violence against children at home, in schools and institutions, and recommended among other things that the State prohibit corporal punishment in all settings and ensure that victims of child abuse are not retraumatised during child protection proceedings. The Committee also noted the poor condition and overuse of child care institutions, resulting in part from the Government's failure to find or support alternative family-based care for children. On the other hand, the Committee also noted the inadequate screening of foster families and adoptive parents. The health care system was found to be similarly ineffective and under-resourced, especially in relation to sexual and mental health. There were further worries about poor school attendance, low quality of education, and the increasing number of street children. The Committee was also concerned about the lack of awareness around the commercial sexual exploitation and trafficking of children, especially as trafficking in human beings was not specifically prohibited. Juvenile justice emerged as another major issue and, despite some progress in raising the minimum age of criminal responsibility, the Committee was deeply concerned about the lack of specialised juvenile courts, long investigations and periods of pre-trial detention, and violations of children's right to privacy. Current legal reform projects
Treaties ratified by the Estonian Parliament, including the Convention on the Rights of the Child, become a part of national law and take priority over conflicting national legislation under Article 123 of the Constitution. As such, the CRC can be and has been cited and enforced in national courts.
Chapter II of the Constitution of Estonia on Fundamental Rights, Freedoms and Duties contains a number of rights provisions that apply regardless of age, and also includes provisions that directly address the rights of children and the rights of parents in relation to children:
There is no comprehensive children’s act in Estonian legislation. Rather, provisions relevant to children are found throughout general codes and various targeted acts. Relevant legislation includes, but is by no means limited to:
The Parliament of Estonia (Riigikogu) maintains an official website that offers the text of proposed and existing legislation in Estonian (http://www.riigikogu.ee/?lang=ee) and limited resources in English (http://www.riigikogu.ee/?lang=en), including a link to the Constitution (http://www.legaltext.ee/text/en/X0000K1.htm). The Ministry of Justice also offers a searchable database of legislation in Estonian (http://www.just.ee/8039), and the World Law Guide (http://www.lexadin.nl/wlg/legis/nofr/oeur/lxweest.htm) and the International Labour Organization's NATLEX database similarly provide a selection of national legislation (http://www.ilo.org/dyn/natlex/natlex_browse.country?p_lang=en&p_country=EST). In addition, the Globalex initiative at New York University has prepared a legal research guide on Estonia (http://www.nyulawglobal.org/globalex/estonia.htm), and both the U.S. Law Library of Congress (http://www.loc.gov/law/help/guide/nations/estonia.php) and World Legal Information Institute (http://www.worldlii.org/ee/) have assembled links to many relevant legal research and government websites.
CRC Jurisprudence
Please contact CRIN if you are aware of any cases in national courts that reference the Convention on the Rights of the Child.
The Supreme Court of Estonia publishes its case law online in Estonian (http://www.nc.ee/) and offers a collection of decisions that have been translated into English (http://www.nc.ee/?lang=en).
In its 2003 Concluding Observations, The Committee on the Rights of the Child noted the introduction of new laws on the subject of children's rights, but also remarked on the sometimes weak implementation of legislation. Specifically, the Committee was concerned about the Government's failure to issue detailed regulations or allocate an adequate budget under the Child Protection Act. The Committee also expressed further concerns about the lack of a process of harmonisation between national legislation and the Convention on the Rights of the Child.
The Committee praised the Government's establishment of a permanent commission for children and families and the designation of an ombudsperson for children. However, the Committee also acknowledged the deterioration of living standards, high unemployment rates, poverty and regional disparities as negatively affecting the welfare and living standards of children. There were also serious concerns about discrimination against linguistic minorities, foreign nationals, children with disabilities, stateless persons, and other disadvantaged groups, particularly with regard to housing, education, and public services. Further issues were raised around the lack of respect for the views of children in families and before administrative bodies and courts.
Please contact CRIN if you are aware of any current legal reform projects in Estonia.