Elections

Time

Candidates

%

Total number of mandates

No of women elected

%

Total no.

No of women

Elections to the Parliament

Riigikogu

07.03.1999

1884

508

27.0

101

18

17.8

Riigikogu

02.03.2003

963

206

21.4

101

19

18.8

Elections to the European Parliament

13.06.2004

95

23

24.2

6

2

33.3

Elections to Local Government Councils

Local Gov Councils

17.10.1999

12802

4562

35.6

3355

951

28.3

Local Gov Councils

20.10.2002

15181

5727

37.7

3273

923

28.3

Source: Election Committee of the Republic of Estonia. www.e-riik/valimiskomisjon.ee/

Women in the elections of the European Parliament

At the end of 2003 Estonian women’s organisations issued a public appeal, calling political parties to place women on top of the lists of candidates to the European Parliament. 202 women from 98 women’s organisations called upon the public to vote for women candidates at the elections.

Two women were elected to the European Parliament (Siiri Oviir, Marianne Mikko), one of them (Marianne Mikko) is currently the head of the Moldova delegation of the European Parliament.

The proportion of women in larger political parties

A considerable difference exists in the gender proportion of ordinary party members and party leaders. On 1 January 2002, average 48% of members of the political parties that were elected to the Parliament were women. In conservative political parties there were fewer women than in liberal parties, and there were more women among young party members than among all members of political parties on average. The balance of men and women, however, is absent in the internal party hierarchy – average 16% of board members of political parties were women; four out of 19 boards of political parties did not include any women and five had only one woman (data of 4 March 2002, Tiina Raitviir, Eesti naised poliitilise võimu juures [Estonian women at political power], Ariadne Lõng, 1/2, 2002).

There are few women also among leaders of regional departments and associations of political parties. The leader of one political party in Estonia – the Estonian Left Party – is a woman. As the number of women among leaders of political parties is small, women also have limited possibilities to participate in making important decisions, such as drawing up of lists of candidates for elections. However, some parties have also specifically called on women to join the party (e.g. the Estonian Centre Party, the Social Democratic Party).

All the largest political parties (Pro Patria Union, the Reform Party, the United People’s Party, the Social Democratic Party, the Centre Party) have women’s associations.

Currently no political parties in Estonia have declared that equal treatment of women and men and ensuring of a gender-balanced society would be one of the key issues in their programme. Only some parties mention the necessity of gender equality in their programmes. However, the programmes and the actions of the parties are not always consistent: the need for gender equality is sometimes emphasised by those political parties that in their political activities demonstrate mostly male-dominated leadership teams (United People’s Party, Res Publica). On the other hand, some other parties that have brought women to top-level politics (e.g. Centre Party) do not even mention the gender issue in their programme.

(b) To participate in the formulation of government policy and the implementation thereof and to hold public office and perform all public functions at all levels of government

The proportion of women in the Government of Estonia has fluctuated, but on average women have made up 12.5% of the members of the Government (see Table 7.2). After the elections in 2003 there was initially one female minister (Foreign Minister) in the Government (making up 7.1% of the members), a year later there were two (Foreign Minister and Agriculture Minister) (14.2%). However, it should be noted that the female ministers are in charge of important portfolios.

Table 7.2. Women as members of the Government of Estonia in 1999-2004

 Government

Time period

Members

% of women

Function of the female ministers*

Total

No of women

Mart Laar, 2 nd government

25.03.99 - 28.01.02

15

2

13.3

S; S

Siim Kallas

28.01.02 - 10.04.03

14

5

35.7

B; E/I; S; S; S

Juhan Parts

since 10.04.03

14

1

7.1

B

since 05.04.04

14

2

14.3

B; E

Total/average

176

22

12.5

Source: Estonian Government, www.e-riik/valitsus.ee/

* BEIS typology is used, according to which:

B-function or basic functions, performed by: Ministers of Foreign Affairs, Internal Affairs, Defence and Justice, sometimes also Minister of Finance;

E-function or ministers in charge of economic activity: Ministers of Finance, Commerce, Industry and Agriculture;

I-function or ministers in charge of infrastructure: Ministers of Communication, Internal Affairs, Information and Environment;

S-function or the social-cultural function: Ministers of Social Affairs (or Labour Market, Health, Population, Family, Children and Pensioners), Culture and Education.

Among the leaders of local governments there are even fewer women than in the central government: 12.8% of city mayors are women (five out of 39 mayors are women) and 13.4% of rural municipality mayors (27 out of 202 rural municipality mayors are women) (in December 2004).

Women in the public sector

Most of the civil servants are women, which should also serve as a basis for the advancement of women into leadership positions. A large number of women work in sub-divisions that organise the technical work of the Parliament and Government (department of government sessions, department of information systems and document management, accounting department). Although more than 1/3 of the senior officials and managers are women, less than 1/5 of the highest-level leadership positions are held by women. In order to advance to the top, women have to overcome the prejudices prevalent in society and they should also be willing to take responsibility, it is also important to have the support of the family.

Compared to older democracies of Europe, Estonia has a tradition of having a large number of female judges, including chairwomen of courts. At the same time, men still hold leadership positions in institutions involved in the review of constitutionality and legality, such as the Chancellor of Justice, the Auditor General, the Chief Public Prosecutor and the Chief Justice of the Supreme Court, the State Secretary, the Director of the State Chancellery, etc. Until 2003 a woman held the position of the State Secretary.

(c) To participate in non-governmental organizations and associations concerned with the public and political life of the country

Women’s organisations and women’s associations of political parties have had a considerable influence on the policies of political parties. Women’s associations of political parties organise training events and thereby provide an opportunity for self-development and self-fulfilment, help women politicians to find their identity, provide self-confidence, offer new contacts. In favourable circumstances these associations can also have an influence on the management board and the leader of the party, including in drawing up the lists of candidates for elections. The women’s association of the Parliament has a great potential in protecting the interests of women. One of the main topics at the moment is to help facilitate the election of more women into representative bodies.

On 4 August 2003 the Estonian Women’s Cooperation Chain was established which is an umbrella organisation for different women’s political organisations. The founding members of the Cooperation Chain are the Estonian Women’s Union, the Estonian Union of Disabled Women, the women’s association of the Estonian United People’s Party, EPP (women’s association of the Estonian People’s Union), women’s association of the Pro Patria Union, women’s association KENA of the Centre Party, the Civic Courage (roundtable of women’s associations of the city of Pärnu) and the Women’s Reform Club NaiRe .

The Cooperation Chain is based on the principle of democracy and it provides better possibilities to stand for the rights of women. The aim of the Cooperation Chain is to serve as a link for Estonian women in domestic and international cooperation, to support participation of women in society and politics, to improve the internal political climate in society, to ensure the implementation of the principle of equality of women and men in Estonian legislation, politics and daily life.

Although there is still almost a year until the next local government elections, women’s associations of political parties already prepare their members to stand as candidates in elections. In November 2004 the forum of women’s organisations approved the declaration of the Estonian Women’s Cooperation Chain which called political parties to place competent and authoritative women on top of lists of candidates and voters to support women candidates.

In 14 out of 15 counties in Estonia, regional women’s roundtables have been formed which unite a large number of women’s organisations operating in counties and female representatives of other organisations. The aim of the roundtable is to shape the attitudes and ideas of women into proposals and forward them to policy-makers –local governments, the Government of the Republic, Parliament and political parties. Regional roundtables have regularly made proposals to regional local government unions, county governments, the Government and the Parliament in order to influence decisions and legislation in many different fields. When the Gender Equality Act was debated in the Parliament, a campaign was organised to send letters to the members of the Parliament, and a similar campaign was organised to implement measures to combat prostitution.

In July 2003 the Roundtable of Estonian Women’s Associations was formed in cooperation between women’s organisations and human rights organisations. The aim of the roundtable is to strengthen civil society, promote equality between women and men, and support the women’s cooperation network. The Roundtable of Estonian Women’s Associations is also the Estonian national coordinator in the European Women’s Lobby. One of the challenges is to monitor that women would be represented in all national committees and councils.

In 2002 the non-profit association Civic Training organised a pre-election forum with 300 participants for women who were standing as candidates in elections of local government councils.

On 6 September 2003 the women’s forum “Women deciding – 2003” was held before the referendum on the accession to the European Union. Participants were from all larger political and non-political women’s organisations in Estonia. Altogether approximately 300 women participated in the work of the forum. The general assembly adopted the final statement of the forum in which it called Estonian women to come out and vote at the referendum on the European Union.

The forum “Women deciding – 2004” was organised with the aim to start preparations for next local government elections. The fact that the forum has become an annual event demonstrates the interest of women to participate in politics.

The Estonian Women’s Studies and Resource Centre’s conference of the organisations of women’s associations has also become an annual event which deals with topics relevant for women in Estonia.

The NGO Estonian Institute of Human Rights implemented a project “Balanced participation of women and men in the Estonian political and public decision-making process” in the period December 2003 - March 2004. Within the project, an overview of the situation in Estonia was prepared which was used as a basis for organising roundtable events in Jõhvi and Tallinn in February 2004. Proposals of the roundtables were sent to all political factions of the Parliament, the Parliament’s Constitutional, Social Affairs and Legal Affairs Committees, the Bureau of the Minister of Population Affairs, the Ministry of Justice, the Ministry of Social Affairs, a number local government councils and NGOs.

Trade unions

According to the Trade Unions Act, persons have the right to form trade unions freely, without prior authorisation, and to join or not to join trade unions. Members of the armed forces who are in active service in the Defence Forces cannot form or join trade unions.

The number of organisations that are members of the Confederation of Estonian Trade Unions (EAKL) has diminished as compared to the situation at the end of the previous reporting period, but this is due to the merging of several member organisations. However, the overall number of members of the EAKL has also decreased – from 65 000 to 48 467. The number and percentage of female members, on the other hand, has increased – at the end of the previous reporting period there were 25 600 women members, who made up 42.7% of the total number of the members of the organisation, in October 2004 the number of female members was already 27 482, making up 56.7% of the total number of members. The Equality Commission with 10 members has been formed under the EAKL. The commission participates in the work of the ICFTU (International Confederation of Free Trade Unions) Women’s Committee. The committee has organised trade union seminars for women belonging to member organisations; representatives of the EAKL have also attended the seminars.

Another larger organisation that unites trade unions is the Estonian Employees’ Unions’ Confederation (TALO). TALO has 13 member organisations but the number of individual members is 32 000. About 60% of the members are women. TALO also has a women’s committee but it is currently not active. Employees belonging to TALO regularly participate in gender equality events (seminars, training courses etc).

The Committee expressed its concern about the low representation of women in decision-making bodies. Women’s interest and number in trade unions has increased, and so has their participation in training events.

Article 8

States Parties shall take all appropriate measures to ensure to women, on equal terms with men and without any discrimination, the opportunity to represent their governments at the international level and to participate in the work of international organizations.

As stated in the previous report, the requirements for the employment in foreign service are established by the Foreign Service Act. Everybody has the right to start a career in foreign service, regardless of gender.

If a diplomat is accompanied by his or her spouse during the time he or she is assigned to a foreign mission, the foreign service allowance of the diplomat is increased by 35 per cent and the time spent by the spouse in a foreign mission together with the diplomat is considered to be part of the length of employment of the spouse. If the spouse of a diplomat works in a foreign mission, the foreign service allowance of the diplomat is not increased. The spouse of the diplomat is guaranteed medical and health insurance.

The following tables below show the proportion of women in diplomatic posts and the proportion of women working in the Ministry of Foreign Affairs and embassies.

Table 8.1. Proportion of women in diplomatic positions

Proportion of women in diplomatic posts

2000

2001

2002

2003

2004

Total in diplomatic posts

254

292

309

329

349

Of them, women

128

156

171

179

193

% of women

50%

53%

55%

54%

55%

Married couples with both spouses in diplomatic posts

4

4

6

6

6

Source: Ministry of Foreign Affairs

The table shows the increase of the proportion of women in diplomatic posts during the period of 2000-2004. In 2000, 128 women worked in diplomatic posts, amounting to 50% of the total number. In 2002 the proportion of women was already 55%, and has remained the same until 2004. Since 2002, six married couples with both spouses in diplomatic posts work in the foreign service of Estonia.

As at October 2004 the Ministry of Foreign Affairs had 590 employees, 360 of them women and 230 men; and of 343 diplomats 188 were women. Women constitute 61% of the total number of employees of the Ministry of Foreign Affairs. And yet it has to be pointed out that the higher the post, the smaller the number of women employed. Alongside with female foreign minister and male permanent under-secretary there are 3 female deputy under-secretaries (of the total of 6), 5 female director generals of departments (of the total of 17), and 32 female directors of divisions (of the total of 47) in the leading positions of the Ministry of Foreign Affairs.

Table 8.2. The proportion of female diplomats in the head office of the Ministry of Foreign Affairs in Tallinn

Proportion of female diplomats in the head office of the Ministry of Foreign Affairs in Tallinn

2000

2001

2002

2003

2004

By diplomatic rank and service rank

Total

Men

Women

% of women

Total

Men

Women

% of women

Total

Men

Women

% of women

Total

Men

Women

% of women

Total

Men

Women

% of women

Counsellor

7

4

3

42

12

10

2

16

17

14

3

18

16

14

2

13

21

16

5

24

First secretary

8

4

4

50

17

10

7

41

16

10

6

38

14

7

7

50

12

5

7

58

Second secretary

12

5

7

58

15

7

8

53

24

8

16

67

30

9

21

70

32

13

20

63

Third secretary

19

5

15

79

38

10

28

74

36

8

29

81

29

4

25

86

30

3

27

90

Attaché

41

12

29

70

57

14

43

75

58

12

46

79

59

16

43

73

68

23

46

68

By official rank

Permanent Under-Secretary

1

1

0

0

1

1

0

0

1

1

0

0

1

1

0

0

1

1

0

0

Deputy Under-Secretary

4

4

0

0

5

5

0

0

7

5

2

29

7

5

2

29

6

3

3

50

Director General of Department

15

9

6

40

18

10

8

80

22

13

9

41

23

14

9

39

19

13

6

32

Director of division

20

6

14

70

38

14

24

63

44

18

26

59

43

17

26

60

44

14

30

68

Source: Ministry of Foreign Affairs

Table 8.3. The proportion of female diplomats in embassies by post

Proportion of female diplomats in embassies by post

By diplomatic rank and service rank

2000

2001

2002

2003

2004

Total

Men

Women

% of women

Total

Men

Women

% of women

Total

Men

Women

% of women

Total

Men

Women

% of women

Total

Men

Women

% of women

Ambassador extraordinary and plenipotentiary

26

22

4

15

27

21

6

22

29

23

6

21

34

24

10

29

38

29

9

24

Minister-counsellor

2

1

1

50

2

1

1

50

3

2

1

33

2

2

0

0

2

2

0

0

Consul and consul general

5

5

0

0

8

6

2

25

11

6

5

45

10

4

6

60

11

4

7

64

Counsellor

23

18

5

22

18

15

3

17

21

18

3

14

21

14

7

33

25

14

11

44

First secretary

17

12

5

29

15

8

7

47

15

5

10

67

15

7

8

53

16

9

5

31

Second secretary

21

9

12

57

25

13

12

48

28

13

15

54

32

15

17

53

36

16

20

56

Third secretary

33

13

20

61

38

13

25

66

47

17

30

64

40

18

22

55

38

15

23

61

Source: Ministry of Foreign Affairs

The majority of women hold the posts of attachés, third and second secretaries, whereas the number of female counsellors increased in 2003 and 2004.

Estonia has 27 embassies, in 6 of which there are female ambassadors (United Kingdom, Austria (also accredited to international organisations), Russia, Czech Republic, Belgium and Portugal). It is characteristic to Estonia as a small country that ambassadors are accredited to several countries concurrently, e.g. a female ambassador residing in Austria is also accredited to Slovenia, Switzerland and Slovakia.

Estonia has 10 permanent missions to international organisations; two of them have a female ambassador (OSCE, IAEA + UN headquarters in Vienna).

Estonia has three non-residing ambassadors; one of them is a woman, accredited to Israel.

When the Ministry of Foreign Affairs sends representatives to participate in international forums, the delegation usually consists of a woman and a man, aspiring to set a good pattern for other state agencies and organisations.

In June 2004 the Minister of Foreign Affairs of Estonia stood as a candidate for the position of Secretary General of the Council of Europe. In September 2004 the Estonian Minister of Foreign Affairs together with the Swedish Minister of Foreign Affairs was elected the head of an informal group of female ministers of foreign affairs.

Women in international organisations

Two Estonian women work for the United Nations Economic Commission for Europe.

The management body of the World Health Organisation (WHO) has a female Estonian representative. A total of 4 Estonians work for the system of the WHO, two of them are women. At the representing agency of the WHO in Estonia one of the two employees is a woman.

Two women work for the Council of Europe (and 3 men, including a judge), 2 women work in the Council of Europe information office in Tallinn.

Article 9

1. States Parties shall grant women equal rights with men to acquire, change or retain their nationality. They shall ensure in particular that neither marriage to an alien nor change of nationality by the husband during marriage shall automatically change the nationality of the wife, render her stateless or force upon her the nationality of the husband.

The conditions of and procedure for the acquisition, resumption and loss of Estonian citizenship are regulated by the Citizenship Act. The acquisition or resumption of citizenship does not depend on gender; women and men have equal opportunities. Change of nationality by one spouse does not result in an automatic change of the nationality of the other spouse.

On 20 March 2004 the provisions amending the Citizenship Act entered into force, the aim of which was to expedite the process of applying for citizenship and to reduce the number of stateless persons. The time of processing applications for Estonian citizenship in the Citizenship and Migration Board was reduced from 6 months to 3 months.

149 251 persons have acquired Estonian citizenship by naturalisation, 65 418 of them are men and 83 833 are women.

2. States Parties shall grant women equal rights with men with respect to the nationality of their children.

Children who were born after 1992 and whose parents are not citizens of any state, acquire citizenship pursuant to a simplified procedure on the basis of an application of the parents.

In 2004 the time-limit of proceedings for applying for citizenship was reduced and as of May 2004 the time-limit of proceeding applications for citizenship for children is 3 months as opposed to the previous 6 months.

Beginning from 2002 every person has a travel document, and the personal data of a child is no longer entered into the document of a parent. This is primarily necessary to protect the interest of the child, and to reduce the possibilities of forging the entries in documents.

The number of children acquiring citizenship by naturalisation has increased. In 1996 the percentage of persons under the age of 15 was only 10, in 2004 already 50. During the first 9 months of 2004 the total of 2283 applications for citizenship for persons under 15 years of age were received, which was 60% more than during 2003.

4907 children who were born after 1992 to stateless parents have acquired citizenship by naturalisation, which is 18.5% of the total number of children.

Article 10

States Parties shall take all appropriate measures to eliminate discrimination against women in order to ensure to them equal rights with men in the field of education and in particular to ensure, on a basis of equality of men and women;

(a) The same conditions for career and vocational guidance, for access to studies and for the achievement of diplomas in educational establishments of all categories in rural as well as in urban areas; this equality shall be ensured in preschool, general, technical, professional and higher technical education, as well as in all types of vocational training;

According to the Gender Equality Act, educational and research institutions and institutions engaged in the provision of education and training must ensure equal treatment of men and women in vocational guidance, acquisition of education, professional and vocational development and re-training. The curricula, study material used and research conducted shall facilitate the elimination of unequal treatment of men and women and promote equality.

Education and training offers directed at persons of one sex only are prohibited. Education and training offers are not considered as discriminatory in the cases where, by reason of the nature of the particular occupational activities concerned or of the context in which they are carried out, such characteristic constitutes a genuine and decisive occupational requirement. Neither is it regarded as discrimination if the objective of differential treatment is legitimate and the requirement is proportionate, or if the training can be regarded as a special measure which promotes gender equality and grants advantages for the less-represented gender or reduces gender inequality.

In the academic year 2003/2004 there were 627 full-time educational institutions providing general education, 38 educational institutions providing evening courses or distance learning, and 71 educational institutions providing vocational, higher vocational or specialised secondary education.

The total number of students decreased from 305 795 in the academic year of 2000/2001 to 292 926 in 2003/2004.

The proportion of female students has been steady during many years (see also Table 10.1). The proportion of women is the highest among the graduates of upper secondary schools, but also in diploma, Bachelor’s, and Master’s studies. The proportion of female students in the Doctoral studies has started to decrease, still remaining above 50%.

Table 10.1. The percentage of women among the total number of students

Level of education

2000/01

2002/03

2003/04

1. General education

49.8

50.0

50.0

2. Vocational and secondary vocational studies

46.1

45,6

44.5

3. Higher education

60.4

61.5

61,8

4. Diploma studies

59.5

60.1

58,7

5. Bachelor’s studies

56.7

59.2

60,7

6. Master’s studies

60.4

63.3

64,7

7. Doctoral studies

56.1

55.0

53.5

Source: Education in 2003/2004. Tallinn, 2004

More and more students start acquiring general secondary education after completing 9 years of basic education – in the academic year 2002/2003 as much as 70.8% of the students who had completed 9 years of studies started acquiring general secondary education, 81.3% of them female. In 2003/2004 as many as 5798 female and 11 322 male students were acquiring secondary vocational education.

Even though differences still exist in the choices girls and boys make in vocational education, there are also young women who study the so-called “male professions”, except for those which are prohibited for women by the Occupational Health and Safety Act (underground mining, some maritime occupations, etc.). The criteria for the acceptance of students are that they must have acquired basic education and successfully passed the vocational suitability test.

The traditional segregation of educational choices is characterised by the higher percentage of female students in the fields of pedagogy, art and the humanities. The proportion of female students on the lower levels of higher education is higher in economics, law, environmental studies and journalism.

On the level of doctoral studies the so-called female fields are pedagogy (82%), medicine (77%), journalism (70%), social work (64%) and Estonian philology (64%). The doctoral studies in the majority of specialities are more gender balanced.

The number of women among academic staff was stable in 2001-2004, which is illustrated by Table 10.2.

Table 10.2. The number of women among academic staff from the academic year 2001/02 until 2003/04

2001/02

2002/03

2003/04

Official rank

Total

Women

Total

Women

Total

Women

Professor

480

78

486

76

467

76

Professor extraordinary

75

19

99

25

62

10

Docent

726

250

756

245

680

242

Lecturer

1000

520

1022

556

1046

579

Senior teacher

31

24

141

129

134

119

Teacher

242

179

514

373

434

337

Source: Education in 2003/2004. Tallinn, 2004; Education in 2001/2002. Tallinn, 2002; Education in 2002/2003. Tallinn, 2003.

(b) Access to the same curricula, the same examinations, teaching staff with qualifications of the same standard and school premises and equipment of the same quality;

According to the national curriculum of basic and upper secondary schools (the principles of drafting curricula, schooling and education goals, the competencies pursued, organisation of studies) and the procedure for admitting students into vocational education establishments, gender differences shall neither be pointed out nor taken into account.

For instance, on the basis of a complaint the Chancellor of Justice investigated the observance of the principle of equal treatment in Tallinn Technical Gymnasium (TTG). As a school promoting technical and economic education, TTG is a kind of base-school for the Tallinn Technical University (TTU). On the basis of tests and interviews the students are divided into three classes in TTG: one for girls and two for boys. The Chancellor of Justice examined during his investigation whether such practice of the school is in conformity with the prohibition of discrimination established in the Constitution, and with the Gender Equality Act. The Chancellor of Justice submitted a request to TTG to consider abandoning the practice that allows for violations of the principle of equal treatment upon composing gymnasium classes. Furthermore, the Chancellor of Justice pointed out that in terms of equal treatment and equality, it is not right that in the referred school only young men are given an opportunity to specialise in electrical engineering and national defence. The Chancellor of Justice pointed out that both genders should have an opportunity to study these topics.

(c) The elimination of any stereotyped concept of the roles of men and women at all levels and in all forms of education by encouraging coeducation and other types of education which will help to achieve this aim and, in particular, by the revision of textbooks and school programmes and the adaptation of teaching methods;

In 2002 researchers at the University of Tartu studied gender roles reflected in school textbooks. As a result of the content-analysis of the textbooks of history, civics and family studies and reading books, it appeared that textbooks of different topics and of different levels construct and support stereotypical gender roles, do not reflect equally the experiences of men and women and do not teach contemporary ideology of human rights and the distribution of roles between men and women. The results of the study have been published and are also available electronically ( http://www.enut.ee/lisa/soorollid.pdf ).

Electronic on-line study environment “Miksike” ( www.miksike.ee ) provides access to a human rights course for young people, which has a separate chapter on the rights of women and on gender segregation in society.

(d) The same opportunities for access to programmes of continuing education including adult and functional literacy programmes, particularly those aimed at reducing, at the earliest possible time, any gap existing between men and women;

In 2002-2004 the “Look@World” project was implemented, in the course of which 102 697 persons (10% of the adult population of Estonia) acquired basic computer skills. Women made up 71% of the participants in the programme.

In 2001 a survey of 1008 persons was conducted with the aim of obtaining information about the study needs and possibilities adults.

The results of the survey showed that the predominant reason for women to start studies was the desire of self-development (64%), whereas for men the main reason was to improve professional qualification (45%). When men quite frequently sacrifice their vacations for studies (20%), women mainly combine their study and working time (89%) and choose themselves the courses they want to participate in (50% of women, 34% of men).

The attitude of both men and women towards adult learning is positive – 40% of men and women planned to continue their studies the following year. 34% of men would like to pursue supplementary education in the fields of industry, power engineering and construction, whereas only 4% of women had the same preference. The training in service (19%), entrepreneurship, business (19%) and accounting (18%) were the top three choices for women.

The above information shows that training needs reflect the established gender segregation in the labour market.

The Committee expressed concern about continuing gender disparities regarding educational choices of boys and girls. This is to some extent conditioned by the still-prevailing understanding in society concerning “suitable” work for men and women.

(e) The reduction of female student drop-out rates and the organization of programmes for girls and women who have left school prematurely;

The drop-out rate from general education schools has been fairly stable. Table 10.3. shows the increase in the number of drop-outs in 2002/2003, but this was due to specification of the definition of persons discontinuing their education. The drop-out rate of boys from basic schools and upper secondary schools is higher. (Table 10.3).

Table 10.3. Drop-out rates from basic schools and upper secondary schools from 2000/2001 until 2002/2003.

Basic Schools

Upper secondary schools

Total

Girls

Boys

Total

Girls

Boys

2000/01

1025

263

762

610

176

434

2001/02

907

234

673

707

341

366

2002/03

1145

293

852

1038

528

510

Source: Ministry of Education and Research

The reasons of drop-out are various: leaving Estonia, reaching the age when school attendance is no longer compulsory, expulsion from school, financial reasons, death, family reasons and other reasons.

The educational statistics do not reflect how often the drop-outs have been caused by pregnancy. To continue their education young mothers have the possibility to choose between the daytime study as well as distance learning.

One of the main causes for the high drop-out rates for boys is believed to be their lack of motivation.

In order to improve the competency of teachers regarding gender issues the Ministry of Education and Research supported the translation and printing of handbook “Boys and Girls Study Differently” (by M. Guriani and A.C. Ballew). The book was published in Estonian in November 2004.

The Ministry of Education and Research has commissioned studies to clarify the reasons of learning difficulties and dropping out of students. A study launched by the Research Institute of Social Pedagogy in 2004 could be referred to here as an example. This is a comprehensive survey of the students of the 8 th and 9 th years, their parents and teachers, and the data obtained by the survey will be processed and analysed primarily from the gender aspect, so as to implement measures to prevent learning difficulties of both boys and girls and to reduce the drop-out rate.

(f) The same opportunities to participate actively in sports and physical education;

The Ministry of Culture is responsible for physical fitness and sport.

The Ministry of Education and Research is responsible for the organisation of physical education lessons in schools, training of sport specialists and the development of the science of sport. The Ministry of Social Affairs is responsible for the creation of better possibilities for fitness sport and competitive sport for the disabled, and to solve other social issues related to sport movement.

The Sport Act establishes the general organisational and legal grounds for the organisation and promotion of sport, the relationships between sport organisations and state and local government bodies, the main tasks in developing sport, grounds for financing sport and the principles of participation in international sport movement.

The number of sports clubs has increased year by year, and so has the absolute number of people active in hobby sports, including women. For example, in 1998 women made up 25% of people active in hobby sports, in 1999 the figure was 24.4%, and in 2000 already 28.7%.

(g) Access to specific educational information to help ensure the health and well-being of families, including information and advice on family planning;

The Committee recommended to introduce programmes of sexual education to solve the problems of teenage pregnancy. For the years 2002-2006 the provision of counselling services to young people about reproductive health has been planned in all counties.

The Estonian Family Planning Union organises seminars on and publishes bulletins about reproductive and sexual health and family planning to social workers and persons working in healthcare and education. The Family Planning Union and various non-governmental organisations promote the use of modern high-quality methods of contraception and act with the aim of making contraceptives available for the public at large.

As a result of this active work the number of pregnancies and deliveries among young women aged 16 to17 is declining. (See also Table 10.4).

Table 10.4. The age of persons giving birth under the age of 18

Age of persons giving birth

1999

2000

2001

2002

13

1

1

1

0

14

2

3

2

2

15

14

23

19

22

16

92

97

87

75

17

216

225

184

196

Source: Ministry of Social Affairs

Article 11

1. States Parties shall take all appropriate measures to eliminate discrimination against women in the field of employment in order to ensure, on a basis of equality of men and women, the same rights, in particular:

The right to work as an inalienable right of all human beings;

The provision of the following employment services to all persons has been regulated on the state level: informing about the situation in the labour market and about the possibilities of employment training, employment mediation; vocational training; vocational guidance; employment subsidy to start a business; community placements.

Under the Gender Equality Act, education and training offers directed at persons of one sex only are prohibited, unless where by reason of the nature of the particular occupational activities concerned or the context in which they are carried out such sex-related characteristic constitutes a genuine and decisive occupational requirement, provided that the objective is legitimate and the requirement is proportionate.

In Estonia today, career is just as important to a woman as it is to a man, not only because of financial rewards, but also because of self-realisation. In 2003, 23 per cent of women said they would like to stop working completely and stay at home if the financial situation permitted; the percentage was even a bit higher among men.

The proportion of women in the labour force was 48% (in 2002), and about 52% of women are among active population.

The average rate of employment of Estonian population (15-64 years old) in 2003 was 62.6%, whereas the employment rate of men was 66.7% and that of women 58.8%.

Unemployment rate was 10%. Even though the employment rate of men is higher than that of women, the unemployment rate for men is higher (10.2%) than that of women (9.9%). The unemployment rate of young men (aged 15-24) was 16.9% in 2003, and the figure for young women was 26%.

According to a survey conducted by the sociologists at the Tallinn Pedagogical University in 2003, 10% of women were voluntarily working part-time, 8% were working part-time because of the employer’s will; the corresponding figures for men were 5% and 6%, respectively (Hansson, 2004).

In order to raise the awareness of employers and employees, the ILO publication “ABC of women workers’ rights and gender equality” has been translated into Estonian.

(b) The right to the same employment opportunities, including the application of the same criteria for selection in matter of employment;

The right to equal conditions and selection criteria in employing men and women is established in the Gender Equality Act.

According to the Gender Equality Act, cases in which an employer selects for work or a position, hires or admits to practical training, promotes, selects for training or performance of a task or sends for training a person of one sex and overlooks a person with higher qualifications and of the opposite sex shall be deemed to be discriminating, unless there are strong reasons for the decision of the employer or such decision arises from circumstances not related to gender.

The Act specifies expressis verbis that the activities of the employer will be deemed to be discriminating also if the employer, upon hiring, establishes conditions which put persons of one sex at a particular disadvantage compared with persons of the other sex, or overlooks a person due to pregnancy, child-birth or other circumstances related to gender. In the case of the latter provision discrimination can be ascertained also through comparison to other female persons.

When a person suspects discriminating behaviour the employer is required, at the person’s request, and within ten working days as of submission of a pertinent written application, to provide a written explanation to the person. In the explanation the employer must submit information concerning the person who was selected, such as his or her length of employment, education, work experience and other skills required for the work and other skills or reasons which give the person a clear advantage, or other reasons.

Direct and indirect discrimination based on gender is also prohibited by the Employment Contracts Act.

The Employment Contracts Act prohibits the employers, in hiring and entering into employment contracts, discriminate against persons applying for employment. Neither are the employers allowed to discriminate against employees in employment relations, e.g. regarding remuneration, promotion, giving instructions, termination of employment contracts, access to retraining or in-service training.

(c) The right to free choice of profession and employment, the right to promotion, job security and all benefits and conditions of service and the right to receive vocational training and retraining, including apprenticeships, advanced vocational training and recurrent training;

Under the Gender Equality Act a person can protect his or her rights also in the cases where the employer directs work, distributes work assignments or establishes working conditions such that persons of one sex are put at a particular disadvantage compared with persons of the other sex. The law prohibits the employer to limit the duration or extent of work due to pregnancy, child-birth or other circumstances related to gender.

The law requires employers to collect statistical data concerning employment which are based on gender and which allow, if necessary, the relevant institution and the employers themselves to monitor and assess whether the principle of equal treatment is complied with in employment relationships.

The employers have the obligation to inform employees of the rights guaranteed to them by the Gender Equality Act and regularly provide relevant information to employees and/or their representatives concerning equal treatment for men and women in the organisation and measures taken in order to promote equality.

The Gender Equality Act also protects against the use of counter-measures by the employer.

Horizontal and vertical segregation of the labour market

The horizontal and vertical gender segregation has not declined since the submission of the previous report. Segregation can be caused by conscious choices of people, which are based on their employment possibilities, as well as by their behaviour conditioned by gender roles determined by society.

The analysis of parameters of employment by fields of occupation and professions reveals the existence of both vertical and horizontal segregation. As compared to women, men are more often employed as skilled workers and artisans and as operators of technical devices and machinery. Almost half of men are employed in the referred professions (48.7%), whereas only 13% of women pursue these professions. Furthermore, more men work in a management capacity (as legislators, higher officials and managers). The majority of women are employed as top or medium level specialists. As compared to men a larger proportion of women are working as officials and as service or sales staff. As to branches of economy, men are more often employed in agriculture, construction and logistics, women in education, healthcare and commerce.

Engagement in enterprise

Engagement in enterprise is largely dependant on the self-belief and initiative of women, but also on the traditional gender stereotypes in society. Public opinion disapproves of female leaders. The qualities attributed to a leader – authoritarian, rational, responsible, dignified, decisive, focused on the overall picture, capable of learning, etc. – are primarily considered to be masculine and unbecoming to a woman. Only 18% of men and women are of the opinion that the number of female managers should be higher than it is now, whereas 51% find that is not an important issue at all. A strong and independent female leader is a new phenomenon in the Estonian society, representing new values and breaking the established patterns of behaviour.

Compared to men there are still very few female executive managers engaged in enterprise. In the catalogue of most successful businesses of 2001 they make up only 4-6% of the total number of managers: in county-level businesses 5-10%, in small businesses about 11% and in various other businesses about 14% on average (the analysis is based on various TOP-lists published in the business newspaper “ Äripäev ” in 2002; Raitviir, 2003b). Female managers work more frequently in businesses with only female owners or where women belong to the group of owners. Usually the main female owner herself acts as the manager of the business. There are practically no female managers in businesses owned by men. Business sectors are deeply gender-segregated. Women are frequently managers of companies engaged in auditing, tourism, training, clothing business, catering, accommodation and publishing (21-54 %), at the same time, though, they are almost absent in businesses engaged in the production of lumber and construction materials, in the sales of automobiles, in motor transport and shipping (0-5%).

A survey from 2002 shows that about 1/3 of entrepreneurs are women. Women are very often either small entrepreneurs or sole proprietors. The average female manager is 30-45 years old, she is married and has two children.

(d) To right to equal remuneration, including benefits, and to equal treatment in respect of work of equal value, as well as equality of treatment in the evaluation of the quality of work;

The principle of equal remuneration of men and women for equal work is established in the Wages Act.

According to the Gender Equality Act, the employer must not establish conditions for remuneration or other conditions which are less favourable regarding an employee of one sex compared to an employee of the other sex doing the same or equivalent work. The Act provides a basis to compare the wages of men and women doing the same or equivalent work. The Act is applicable for abolishing discrimination triggered by different systems of remuneration, classification of posts or criteria of evaluating work.

The employee has the right to demand that the employer explain the bases for calculation of salaries, and to get a written explanation from the employer within 15 working days concerning the employer’s activities, if the employee is of the opinion that he or she has been discriminated against.

On the basis of information from the Labour Inspectorates, so far only two precepts have been issued in Estonia concerning unequal remuneration for the same or equivalent work. In 2002 a precept was issued to a company which paid different wages to its female and male workers for the same work: 25 EEK per hour plus bonus to the man and 15 EEK per hour plus bonus to the woman for the same work, irrespective of the fact that the job descriptions of the man and of the woman were the same. After the precept the employer started to pay the man 15 EEK per hour, nevertheless, the bonus for additional work duties guaranteed the man his previous income.

In 2003 another precept was issued to a company in another county, where the salespersons/counter-clerks – all of them women – were paid 100 EEK less per month than transport workers, all of whom were men. The employer’s representative’s claim that men would not work for a lower wage also indicated that this was a case of direct discrimination.

In the past few years, the society has acknowledged the problem of unequal remuneration of men and women and has started a discussion of the issue.

PRAXIS-Centre for Policy Studies conducted a survey of wage differences in 2004, based on the database of Estonian labour force in the years 1998-2000. During the period of 1998-2000 the wages of women constituted 72.7% of the wages of men.

The study showed that when taking into account the differences in personal qualities and choices of profession, the wages of men, on the average, were 23% higher than those of women. Thus, 4.3 percentage points of the initial average difference of 27.4% can be attributed to the differences in the human capital of men and women, and to other observable factors.

(e) The right to social security, particularly in cases of retirement, unemployment, sickness, invalidity and old age and other incapacity to work, as well as the right to paid leave;

The Social Protection of the Unemployment Act regulates the registration of persons as unemployed and the payment of state unemployment benefits, single benefits and stipends for unemployed persons through employment offices.

Persons who have been employed or engaged in an activity equal to work for at least 180 days during the twelve months prior to registration as unemployed have the right to receive the state unemployment benefit. Exceptions are enumerated in the Social Protection of the Unemployment Act.

Benefits are generally paid for up to 270 days during the period a person is registered as unemployed, an unemployed woman has the right to continue receiving the state unemployment benefit after the referred period until giving birth, if her due date for delivery as calculated by a doctor is within seventy calendar days.

The Unemployment Insurance Act, which entered into force in 2001, provides for benefits upon unemployment, collective termination of employment contracts and insolvency of employers.

The average retirement pension has increased from 1551 EEK in 2000 to 2072 EEK in 2004.

Table 11.1 The number of pensioners by gender and age in 2003

Cause

Total

Age groups

under 18

18-24

25-39

40-54

55-59

60-62

63-64

65-69

70-74

75-79

80 and older

Recipients of old-age pension

294 063

-

-

-

1503

15447

31508

30883

70803

60227

45114

38578

Men

91 427

-

-

-

696

2531

6368

12454

27014

21104

12754

8508

Women

202 636

-

-

-

807

12916

25140

18429

43789

39123

32360

30072

Recipients of superannuated pension

2 820

-

-

7

1430

965

219

59

70

46

16

8

Men

2 183

-

-

4

1243

543

206

53

64

46

16

8

Women

627

-

-

3

187

422

13

6

6

0

0

0

Recipients of pension for incapacity for work

55 480

905

3724

9794

25700

11536

3821

-

-

-

-

-

Men

30 897

512

2162

5527

12703

6172

3821

-

-

-

-

-

Women

24 583

393

1562

4267

12997

5364

-

-

-

-

-

-

Family members receiving survivor’s pension

11 613

7455

3584

265

170

4

5

3

5

7

15

100

Men

5 348

3854

1467

7

18

0

1

0

0

0

0

1

Women

6 265

3601

2117

258

152

4

4

3

5

7

15

99

Recipients of national pension -family members in the case of survivor’s pension

13 367

5210

1778

1257

1284

304

162

247

605

568

665

1287

Men

6 083

2717

756

694

827

193

109

120

288

167

125

87

Women

7 284

2493

1022

563

457

111

53

127

317

401

540

1200

Source: Social Insurance Board, www.ensib.ee

In addition to the State Pension Insurance Act , the Funded Pensions Act has been in force since 2004, with the purpose of creating the opportunity for persons who have made contributions to a funded pension to receive additional income besides the state pension insurance after reaching retirement age.

The Act provides for two types of funded pensions: mandatory funded pension and supplementary funded pension (I and II pillar). A mandatory funded pension is a periodic benefit which is guaranteed pursuant to law, for the receipt of which units of a mandatory pension fund are acquired according to the Funded Pensions Act and the Social Tax Act and which is paid from the pension fund or by an insurer.

In essence, this is a system of an individual saving schedule, where the size of the pension depends on the total contribution of payments and the productivity of the pension fund. Persons born in 1983 and after have an obligation to make contributions to a mandatory funded pension. Persons born before 1983 can join the scheme on a voluntary basis.

As at November 2003, 44.6% of persons who had joined the fund were men and 55.4% women. As compared to the total number of the population the majority of persons who joined the fund were aged 18-20 (over 90%). Among persons aged 42-46 as much as 65% of men and 50% of women have joined. In the age group of 21-41 almost half of the women and slightly more than 40% of men have joined the fund.

A supplementary funded pension is a benefit for the receipt of which units of a voluntary pension fund are acquired or an insurance contract for a supplementary funded pension is entered into. The proportion of women who have joined the supplementary funded pension is 54% (58 248 persons in the first 3 months of 2004).

The Holidays Act, which entered into force on 1 January 2002, provides for several amendments advantageous for families. The employer is required to grant a holiday at the time requested by a parent raising a child of up to 7 years old, and a parent raising a child between 7 and 10 years of age must be granted a holiday during the school holiday of a child, if the parent so wishes. The Holidays Act also provides for the possibility to enjoy a so called paternity leave. A father has the right to be granted additional parental leave of fourteen calendar days during the pregnancy leave or maternity leave of the mother or within two months after the birth of the child.

(f) The right to protection of health and to safety in working conditions, including the safeguarding of the function of reproduction.

The Occupational Health and Safety Act and the amendment act to the Product Safety Act provide for occupational health and safety requirements for work; the duties of employers and workers in creating and ensuring a working environment which is safe for health; the organisation of occupational health and safety in enterprises and at state level; the procedure for conduct of administrative challenge proceedings, and liability for violation of the occupational health and safety requirements.

State supervision over compliance with the requirements of health and safety at work is exercised by the Labour Inspectorate.

Under the Gender Equality Act the employers have a duty to create working conditions which are suitable for both women and men and support the reconciling of work and family life, taking into account the needs of employees.

2. In order to prevent discrimination against women on the grounds of marriage or maternity and to ensure their effective rights to work, States Parties shall take appropriate measures:

(a) To prohibit, subject to the imposition of sanction, dismissal on the grounds of pregnancy or of maternity leave and discrimination in dismissal on the basis of marital status;

The legal norms referred to in the previous report are still in force.

It is considered discriminatory if the employer, either for economic reasons or reasons related to production, fires or sends on a mandatory holiday all those who in the recent past have been on a child care leave or have taken a holiday due to family reasons.

(b) To introduce maternity leave with pay or with comparable social benefits without loss of former employment, seniority or social allowances;

According to the Holidays Act, in force as of 2001, a mother or father shall be granted parental leave at his or her request for raising a child of up to 3 years of age. For the duration of parental leave, an employment contract or service relationship shall be suspended and the employee shall be paid a benefit pursuant to the Parental Benefit Act or a child care allowance pursuant to the State Family Benefits Act.

Beginning from 2002, pregnancy and maternity leave benefits and parental benefits are calculated on the basis of the income that was earned during the previous year and was subject to social tax.

(c) To encourage the provision of the necessary supporting social services to enable parents to combine family obligations with work responsibilities and participation in public life, in particular through promoting the establishment and development of a network of child-care facilities;

Day-care of children is one of the most important services for families with young children, enabling both parents to participate in work life.

County and city governments have an obligation to provide, in their administrative territory, for all children up to 7 years old a possibility to attend a child care institution (within the service area of the institution).

Local governments have databases of children attending child care facilities and information about births. The number of births registered and the population registry data serve as a basis for prognosis of the number of places required in such facilities.

Table 11.2. Types of child care institutions as at 1 January 2002

Child care facility

No of child care institutions

No of places

No of children

Children per 100 places

Crèches

10

406

473

117

Nursery schools

533

45 412

45 956

101

Nursery schools for children with special needs

6

264

253

96

Centres for children

1

180

151

84

Nursery-primary schools

74

3 155

3 019

96

TOTAL

624

49 417

49 852

101

Source: Ministry of Social Affairs

In addition to municipal child care institutions there were 34 registered private child care institutions (which had education licences) in Estonia.

Children aged five to six are most numerous in pre-school child care institutions, they make up 83% of the children of the referred age. In Estonia 31.8% of children aged 1 to 2 and 74.6% of 3 year olds use child care institutions (according to the data of the Statistical Office of 2002). Although child care allowance is paid to a parent raising one or more children of up to 3 years of age, a large number of families place their children in a child care institution before they reach 3 years of age. This is due to the fact that mothers go back to work, either because the allowance is not sufficient to allow a mother to stay at home with the child or because a mother is afraid of losing her qualifications.

Table 11.3 The proportion of children in child care facilities by age groups (excluding pupils) as at 1 January 2002.

1

2

3

4

5

6

7

Total No of children

12 932

12 044

11 752

12 082

12 674

12 816

13 292

No of children in child care institution

1 615

6 321

8 770

9 639

10 497

10 680

2 241

Proportion in %

12.5

52.5

74.6

79.8

82.8

83.3

16.9*

Source: The Ministry of Social Affairs

* Including children who are already 7 years old but do not yet go to school

In the second half of the 1990s the number of children less than 3 years old placed in child care institutions rose and a number of crèches were re-opened. This has reduced the number of nursery school places available for 5-6 year old children. Local governments have started a discussion about creating and financing additional care institutions and forms of activities for children under the age of 3.

In establishing the daily opening hours of child care institutions the working hours of parents (ascertained through questionnaires) are taken into account. The needs of parents who work long hours on some days are also taken into consideration.

The strategy for the implementation of the Principles of Population Strategy for 2005-2008 include measures to promote the reconciling of work and family life. These include the following activities:

Informing the public (including setting up a webpage) about the necessity and possibilities of combining work and family life, encouraging men to participate more actively in family life and take on more responsibilities;

Developing proposals and conceptions concerning alternative child care possibilities (play-rooms, day care, etc ), creating a registry of child-minders (babysitters) and housekeepers;

Creating a study module for child-minding in the system of vocational education and developing pertinent professional standards;

Offering possibilities of re-training through the Labour Market Service to acquire the profession of a child-minder (first aid courses, teaching skills, etc).

(d) To provide special protection to women during pregnancy in types of work proved to be harmful to them

Regulation of the Minister of Social Affairs of 24 April 2003 established the procedure for medical examination of employees, to be conducted during work time and at the expense of the employer. The medical examination of employees begins with the initial health check within the first 3 months of employment and continues afterwards at intervals prescribed by an occupational health doctor, but not less frequently than once in every three years.

The occupational health and safety requirements for the work of pregnant women and women who are breastfeeding have been established by the Government Regulation of 7 February 2001, with the aim of guaranteeing them a safe working environment. An employer is obliged to fulfil the occupational health and safety requirements set out in the Regulation if a female worker submits to the employer a doctor’s written certificate concerning her condition.

According to the Regulation, an employer has the duty to assess the risks inherent in all works which may prove dangerous and which are performed by or to which are exposed pregnant women or women who are breastfeeding (for the purposes of this regulation a ‘female worker’ is a woman who is breastfeeding). On the basis of the nature, degree and duration of risk factors the safety or health risks of a female worker are assessed, as well as possible harmful effects on her pregnancy or on the health of the breastfed child.

In assessing the risks the employers must also take into consideration the biological risk factors, which have been established by the Government Regulation of 5 May 2000, and the production processes causing carcinogenic and mutagenic risks, as established by the Government Regulation of 15 February 2000.

If the assessment shows the existence of a risk, an employer must take measures to guarantee safe working conditions, to consult the working environment council and, if necessary, a doctor; and inform the female worker and a working environment representative of the results of the assessment and of the measures to be taken. Furthermore, an employer must ensure to a pregnant woman the use of a rest room with the opportunity to lie down, and an employer is required to grant a pregnant woman free time for ante-natal examination. If such examination takes place during the working time, it must not be deducted from the wages.

In order to ensure a safe working environment for a female worker, the employer may temporarily facilitate the working conditions, change the organisation of work (including the shortening of the working day and enabling of suitable breaks) or temporarily transfer the female worker to daytime or evening job. If the referred measures do not ensure safe working conditions for the breastfeeding worker, the employer is obliged temporarily to transfer the female worker to an easier work or another work, taking into account her abilities and professional experience. One of the measures that an employer is allowed to use is temporary transfer to daytime or evening job. If the employer cannot temporarily offer the female worker an easier or another work, the employer must temporarily release the worker with the consent of the labour inspector. The doctor shall decide on the duration of such temporary release.

3. Protective legislation relating to matters covered in this article shall be reviewed periodically in the light of scientific and technological knowledge and shall be revised, repealed or extended as necessary.

The occupational health and safety requirements for the work of pregnant women and women who are breastfeeding have been established by a Government Regulation of 2001.

The Regulation establishes the list of works that pregnant women are not allowed to perform and of the works that women who are breastfeeding are not allowed to perform. Pursuant to the regulation a pregnant woman must not be obliged to work in hyperbaric atmosphere; in the case of a risk to be infected with rubella virus and toxoplasmosis, unless it is proved that the pregnant woman is protected against such agent by immunization; with lead and its toxic compounds; underground; at night, and with manual handling of loads. Breastfeeding women must not be obliged to work with lead and its toxic compounds and underground. The regulation is based on the European norms on safe working environment (Directive 92/85/EEC of the Council of the European Union).

Article 12

1. States Parties shall take all appropriate measures to eliminate discrimination against women in the filed of health care in order to ensure, on a basis of equality of men and women, access to health care services, including those related to family planning.

Persons who are maintained by their spouses have a right to apply for the state’s health insurance protection if their spouse is an employee covered by health insurance, is working in public service, is a member of a management or controlling body of a legal person, is a person receiving remuneration or service fees on the basis of the law of obligations or is registered as a sole proprietor and if he or she is raising at least one child under 8 years of age or a child who is 8 years old until the end of the first grade at school or at least 3 children under 16 years old. The health insurance also extends to persons who on 1 January 2003 had up to five years left until attaining the pensionable age and are maintained by their spouses who are insured persons.

Based on the survey “Availability and usage of hospital care in Estonia” (conducted by the Health Institute of the University of Tartu) the main reason why women in the age group 15-44 need hospital care is pregnancy and childbirth. More and more fathers are present at childbirth and also during the period after the birth in the hospital, where it is possible to stay in family rooms. Older children of the family are also allowed in those premises. Maternity hospitals and women’s counselling services have special family-training schools, where the future parents are counselled and where they can go also after the child is born.

Starting from the age 45 the need of hospital care both among men and women is most often due to cardiovascular diseases and also tumours, diseases connected with the muscular-skeletal system and diseases of the connective tissue.

Prenatal mortality decreased considerably in 1992-2001, whereas most of it was due to the drop in neo-natal deaths. This shows that pre-natal care, especially intensive care for newly born babies, has improved drastically. Stillbirths also decreased, which is partly due to better pre-birth diagnostics: screening of congenital abnormalities, and the family’s option to terminate pregnancy before birth in the case of foetal chromosomal anomaly.

The rise in the average age of women giving birth shows that women postpone pregnancy. The percentage of teenage mothers has decreased by a third – in 2001 one in ten persons giving birth was a teenager. The reasons for the decline in the number of young mothers care related to increased awareness of young girls and the availability of reliable contraceptives.

The aim of the project “Reproductive health counselling of young people and the prevention of sexually transmitted diseases 2002-2006” was to ensure good reproductive health of Estonian youth. One of the results of the project was the decrease of abortions by 25%, also the number of first-time pregnancies and sexually transmitted diseases (STD) among 15-19 year olds decreased by 10% (according to the Bureau of Estonian Medical Statistics there were 9606 first-time cases of STD in Estonia in 1999). The project coordinator is the Estonian Family Planning Union.

Within the youth reproductive health project youth counselling centres were established in almost all counties. In 2004 there were almost 24 000 visits to the centres. The centres provide testing of STD suspicions for young people and also provide general sexual health counselling. Most of the visits, however, are connected with the wish to obtain contraceptives. Young men have not visited the centres very often; they only make up 4% of the number of visitors. In 2003 the counselling service was advocated among Russian speaking youths, in 2004 efforts were directed to informing young men.

Young people are made aware of the work of the youth counselling centres also through other sexual education projects. A good opportunity to obtain anonymous advice is through the Internet page www.amor.ee .

In 2003, 22 189 young people visited the youth counselling centres (including 82 young people without health insurance), 17% of the visits were by first-time visitors. 88% of the visitors of youth centres were pupils and university students, 78% were Estonians, and 22% other nationalities.

There are no precise and systematic data about the use of contraceptives in Estonia. According to the health statistics available to the Ministry of Social Affairs, 18.2% of fertile women used hormonal contraception and 14.5% intrauterine spiral in 2001. Compared to 1992, the number of women using hormonal contraceptives increased more than four-fold whereas the number of users of the intrauterine spiral dropped – the respective numbers are 3.9% and 20.9% The information only reflects the behaviour of women who visit gynaecologists.

The total number of abortions and legally induced abortions per 1000 women in fertile age has decreased by more than a half in the past 10 years. The number of repetitive abortions, however, has remained the same: 68% of abortion patients in 1996-2001 had already had one or more abortions previously.

\s All registered pregnant women are advised to take an HIV test. Over the years 140 pregnant women have tested HIV positive in Estonia. Some of those pregnancies did not come to giving birth, they either self-terminated or were terminated. In 1993 the first pregnant woman tested HIV positive. The first case of a woman to have given birth while being HIV positive was in 1999. According to available data, 63 HIV-positive women have given birth until today. Five children have received the infection from their mothers. The number of HIV-pregnancies has increased over the years – from 35 cases in 2001 to 55 in 2002 and 64 in 2003.

Figure 12.1. HIV-positive persons by age and sex, 1999-2003

The spread of HIV/AIDS

Even though the majority of HIV positives are men, the proportion of women has increased in the recent years. In 2000 women constituted 20% of all the registered cases of HIV; in 2002 they already made up 30%. In 2003 women made up 28% of registered HIV-positive persons and, according to the data as at 19 August 2004, the proportion of women among the infected persons was 32%.

According to a survey conducted among the age group 15-24 by the Ministry of Social Affairs in 2003, 54% of the respondents had failed to practice safe sex within the last year. Only 53% knew the causes of HIV infection.

Due to expectations with regard to gender roles the behaviour of young men is more risky in sexual relationships and in consuming drugs. Men belonging to groups where traditional definitions of masculinity are prevalent consider the injection of drugs more manlike than the consumption of pills. Surveys have also shown that half of HIV positive young women have started to use drugs following the example of their male friends.

In addition to biological differences which make young women many times more receptive to infection, the socially developed view of gender roles is equally important, since it emphasises submission and agreement rather than the protection of one’s self-respect and health.

Figure 12.2. Registered HIV positives, 2000-2003, by sex (%)

By 19 August 2004, 54 people had been diagnosed with AIDS in Estonia. By the end of 2003, 60 HIV positive persons had died (21 of them had been diagnosed with AIDS), 19 of them died because of AIDS, others because of drug overdose, injuries, heart attack, etc.

As compared to 2002, almost three times as many instances of AIDS were diagnosed in 2003. In 2002 the number of persons with AIDS per one million people was 2.9, whereas in 2003 it was already 8.1.

The monitoring of the spreading of HIV infection was started in 1987 in Estonia. The monitoring is conducted by diagnostics groups (25 general screening laboratories), which exist in all the larger state medical institutions, and a reference laboratory in Tallinn. Testing of HIV is voluntary in Estonia and it can only be done with the consent of the person. The testing of donor blood and transplant organs is mandatory. Anonymous and free of charge testing is conducted in the AIDS counselling offices and youth counselling centres (free of charge up to the age of 18). HIV is also tested for blood donors, prisoners, persons serving in the armed forces, pregnant women and for persons who have tuberculosis and STD. Family doctors and special doctors can also perform HIV tests.

The prevention work for HIV/AIDS is based on the national development plan for the prevention of HIV/AIDS 2002-2006 (approved by the Government on 16 January 2002). The economic and social information department of the Parliament commissioned an evaluation of HIV/AIDS prevention work in 2004 and recommendations were adopted to ensure its sustainability. The national target programme for research and developmental for 1999-2009 was approved with the Government order of 11 August 1998.

2. Notwithstanding the provisions of paragraph 1 of this article, States Parties shall ensure to women appropriate services in connection with pregnancy, confinement and the post-natal period, granting free services where necessary, as well as adequate nutrition during pregnancy and lactation.

The number of obstetric wards (maternity hospitals) has remained unchanged (19 in total). There are 3 upper level obstetric centres. Obstetric wards of county hospitals and private hospitals are institutions of the secondary level.

Considerable changes have taken place in monitoring of pregnancies. In 1992, 29.6% of pregnant women received ultrasonic examinations before the 21st week of pregnancy, whereas in 2001 their proportion had risen to 86.2%.

Article 13

States Parties shall take all appropriate measures to eliminate discrimination against women in other areas of economic and social life in order to ensure, on a basis of equality of men and women, the same rights, in particular:

The right to family benefits;

Family benefits

The state’s family benefits are childbirth allowance, child allowance, child care allowance, single parent’s child allowance, conscript’s child allowance, school allowance, foster care allowance, start in independent life allowance, allowance for families with three or more children and families raising triplets, and adoption allowance.

Every child has the right to receive child allowance from the birth until he or she attains 16 years of age. A child who is enrolled in a basic school, upper secondary school or vocational school which operates on the basis of basic education has the right to receive family benefits until he or she attains 19 years of age.

Tax exemptions for families with children

Estonian inhabitants can deduct from their annual income the education costs of children under 26 years old or foster children. One of the parents or the person maintaining the child can also deduct additional non-taxable income for every child under 17 years old starting from the third child.

As a measure aimed at increasing the birth rate the state partly cancels student loans of the parents who have graduated from a higher education institution or vocational school and are raising a small child. The percentage cancelled per child is 50% of the remaining loan balance (and in the case of every additional child born the state cancels further 50% of the remaining loan), in the case of twins the state cancels 75% and in the case of triplets 100% of the remaining loan amount.

Table 13.1 The size of family benefits in Estonian kroons (EEK)

Type of benefit

Amount of benefit (EEK)

Child birth allowance

First child 3750 additional children 3000

Child allowance (is paid until the child is 16 years old or, if the child is enrolled in daytime educational institution or in another form of study for medical reasons, until 19 years of age or in the case of turning 19 years old until the end of school year)

· for the first child

300

· starting from the second child

300

Child care allowance (for one child)

· to the parent with a child up to 1 year old

700

· parent of a 1-3 year old child

600

· parent of a 3-8-yea-old child (to be paid if the family has additional children up to 3 year old )

300

· parent of a 3-8 year old child if the gamily has 3 or more children (to be paid if the family has al least three children over 3 years old receiving child benefit)

300

Single parent’s child allowance ( A child in whose birth registration no entry has been made concerning the father or an entry has been made on the basis of a statement by the mother or whose parent has been declared to be a fugitive )

300

Conscript’s child allowance

750

School allowance (to be paid in the beginning of the school year)

450

Foster care allowance

900

Start in independent life allowance (to youths leaving social welfare institutions)

6000

Support to families with three and more children and families raising triplets (to be paid quarterly)

Number of children receiving child support multiplied by 150 (in the case of triplets the amount of the benefit is 4x150)

Adoption allowance (one time)

3000

The right to bank loans, mortgages and other forms of financial credit;

There are numerous credit institutions offering loans in Estonia. If the person applying for a loan meets the requirements set by the bank, then there are no hindrances to obtaining a loan.

The statistics concerning customers of credit institutions by gender are not available.

The right to participate in recreational activities, sports and all aspects of cultural life.

The general prohibition of gender discrimination applies in all spheres of social life.

There are no legal obstacles to women participating in recreational activities, sports and other aspects of cultural life. The biggest obstacles are time and money. Because of their overall greater total work contribution women have less free time than men. The difference is about 45 minutes per day, whereas during weekdays the difference drops to half an hour, while during weekends it increases up to an hour.

Women perform more free of charge household work than men in all age groups. The greatest differences to the detriment of women appear in the mid-phase of life (connected with raising children), when underage children are still at home and the amount of professional work is also above average. For example, mothers of pre-school aged children perform more than 5 hours of household work a day, which is about 2.5 times more than fathers of the same age of children. In addition to child care and dealing with the children (incl. helping children with school work) the amount of housework in connection with children also increases (cooking, cleaning, doing the laundry, etc) – as this is mostly a duty performed by mothers.

Table 13.2. Time to participate in leisure activities for men and women, by age group, average amount per day (hours, minutes)

Main activity

Age

Total

15-24

25-44

45-64

65+

TV and video

Men

2:23

2:18

2:25

2:24

2:14

Women

1:52

1:56

1:46

2:00

1:54

Difference + -

-0:31

-0:22

-0:39

-0:24

-0:20

Social communication*

Men

0:34

1:13

0:32

0:22

0:31

Women

0:35

0:49

0:37

0:30

0:09

Difference + -

+0:01

-0:24

+0:05

+0:08

-0:22

Reading

Men

0:32

0:20

0:29

0:38

0:44

Women

0:35

0:22

0:32

0:42

1:06

Difference + -

+0.03

+0:02

+0:03

+0:04

+0:22

Sport and physical activities (including fishing, hunting, going to the forest)

Men

0:21

0:27

0:19

0:21

0:26

Women

0:14

0:24

0:14

0:10

0:23

Difference + -

-0:07

-0:03

-0:05

-0:11

-0:03

Other hobbies and games**

Men

0:10

0:18

0:08

0:08

0:15

Women

0:06

0:08

0:05

0:05

0:07

Difference + -

-0:04

-0:10

-0:03

-0:03

-0:08

Passive rest

Men

0:14

0:09

0:13

0:17

0:33

Women

0:10

0:07

0:10

0:12

0:19

Difference + -

-0:04

-0:02

-0:03

-0:05

-0:14

Cultural and recreational activities ***

Men

0:07

0:16

0:06

0:04

0:02

Women

0:05

0:13

0:05

0:03

0:09

Difference + -

-0:02

-0:03

-0.01

-0:01

+0:07

Listening to radio and music (including recording)

Men

0:06

0:06

0:04

0:07

0:17

Women

0:04

0:05

0:02

0:05

0:07

Difference + -

-0:02

-0:01

-0:02

-0:02

-0:10

Movement as a free time activity

Men

0:20

0:31

0:21

0:14

0:17

Women

0:19

0:33

0:22

0:12

0:11

Difference + -

-0:01

-0:01

+0:01

-0:02

-0:06

Total amount of free time

Men

4:47

5:38

4:37

4:35

5:19

Women

4:00

4:37

3:53

3:59

4:25

*Social communication includes social communication and conversations both inside and outside the family, including phone conversations, entertaining guests and communicating with people outside the home environment (cafeteria, restaurants, bars, etc)

** Other hobbies and games include artistic, technical and other hobbies or pastimes, including activities and communication with the computer, also table games, computer games, solitary games and gambling

*** Cultural and recreational activities include visiting of cultural institutions (cinema, theatre, concerts, exhibitions, museums, libraries) and also sporting events and excursions, zoos and recreation centres (amusement parks, casinos)

According to the information of the Estonian Sports Education Centre, the participation of women in regular sport and fitness activities has been on the increase since the 1990s.

The Estonian Olympic Committee promotes the movement ”Women in Sport”. Every year best female and male athletes are selected.

Article 14

1. States Parties shall take into account the particular problems faced by rural women and the significant roles which rural women play in the economic survival of their families, including their work in the non-monetized sectors of the economy, and shall take all appropriate measures to ensure the application of the provisions of this Convention to women in rural areas.

Unemployment in rural areas

Unemployment and non-activity have become acute problems in rural areas. In 2000 there were 28 500 unemployed persons in rural areas (13.8%) and 144 300 non-active job-seekers (about 41.2 % of the workforce).

In 2001 and 2002 the unemployment rate dropped. In 2001 the proportion of non-active job-seekers declined by 0.4% but in 2002 it increased again (+2.8%). In 2001 the number of unemployed declined by 800 persons in rural areas, which lowered the unemployment rate to 13.4%. In 2002 the level of unemployment declined further to 9.4% and, as compared to the year before, there were 10 700 fewer unemployed people in rural areas.

At the same time, regardless of a fairly high rate of unemployment there is also a lack of qualified work force. The Ministry of Agriculture commissioned a survey conducted by the Rural Development Institute on non-agricultural entrepreneurship in 2001, which showed that there is a lack of workers whose qualifications meet the demands of employers in the rural areas. A large proportion of persons registered as unemployed (28%) have either basic education or their level of education is even below that; while among the employed persons only 10.4% had basic education.

As compared to urban population, women and in particular men living in rural areas have a longer working week, both among full-time and part-time workers. At the same time, the gap between the length of the working week of men and women is larger in rural areas than the gap among men and women in cities.

Table 14.1 Average weekly working time* by sex, place of residence and part-time and full-time working, 1999 and 2002 (average per year, hours).

Men

Women

Difference, compared to men, +/- hours

Normal week

During the week of the survey

Normal week

During the week of the survey

Regular working week

1999

2002

1999

2002

1999

2002

1999

2002

1999

2002

Everybody

Full time work

44.59

43.10

42.47

40.98

42.28

41.52

39.48

38.77

- 2.31

- 1.58

Part time work

23.62

22.18

21.01

19.45

21.83

22.21

20.34

19.40

- 1.79

+ 0.03

Total

43.49

42.11

41.35

39.96

40.44

39.15

37.76

36.39

- 3.05

- 2.96

City

Full time work

44.02

42.61

41.94

40.38

41.70

41.24

39.16

38.55

- 2.32

- 1.37

Part time work

23.67

21.82

21.72

18.28

21.83

21.82

20.35

18.90

- 1.84

0.00

Total

42.99

41.61

40.92

39.32

39.96

38.94

37.51

36.22

-.3.03

- 2.67

Countryside

Full time work

45.83

44.25

43.63

42.38

43.83

42.36

40.34

39.41

- 2.00

- 1.89

Part time work

23.53

23.08

19.68

22.33

21.82

23.20

20.33

20.67

- 1.71

+ 0.12

Total

44.56

43.28

42.26

41.46

41.73

39.77

38.43

36.88

- 2.83

- 3.51

* Explanatory note: normal week – typical working week over a longer period of time; during the week of the survey – actual hours worked during the week of the time-use survey; data for 1999 is based on II quarter.

Source: Workforce 1999, ESA, 2992, p 73; Workforce 2002, ESA, p 97.

Based on a compilation „Economic indicators of enterprises 2001” by the Statistical Office of Estonia, there were 753 active agricultural and hunting enterprises in Estonia in 2001, which was 50 enterprises fewer than in 2000. Almost 75% of the enterprises employed less than 20 persons; only 22 enterprises had more than 100 employees.

The Government’s entrepreneurship policy document „Entrepreneurs in Estonia” stresses the need to develop the human capital and the support structure for entrepreneurship, improve financing possibilities, distribute entrepreneurial information and simplify bureaucracy.

Investments and regional development strategy

The European Union pre-accession programme SAPARD was launched in Estonia in 2001. In order to solve problems that hindered rural development, Estonia used the financing from the SAPARD programme toward improving agricultural competitiveness and developing rural life environment, entrepreneurship and infrastructure. Rural tourism, handicraft and service sector, crayfish and fish growing, and food processing in small enterprises have been supported (these fields of business often largely employ women workers).

In 2003, supporting of local initiatives aimed at the development of villages was started. The aim of the measure is to facilitate the development of villages, civic initiative and cooperation, and to improve the quality of life in villages. For example, investments to public facilities and information centres with Internet access are supported.

According to the Estonian regional development strategy, the aim of the regional policy is to achieve the balance of regional development to the extent that in all the counties:

(a) the average standard of living would not be lower than 75% of the Estonian average; (b) unemployment would not exceed the Estonian average by more than 35%; (c) the tax income of local governments would not be less than 75% of the Estonian average (the city of Tallinn would be excluded in calculating the average).

In order to improve rural infrastructure and standard of life the Rural Development and Agricultural Market Regulation Act provides for various state benefits to support people living in rural areas.

2. States Parties shall take all appropriate measures to eliminate discrimination against women in rural areas in order to ensure, on a basis of equality of men and women, that they participate in and benefit from rural development and, in particular, shall ensure to such women the right:

To participate in the elaboration and implementation of development planning at all levels;

Although as a result of the latest local government councils elections there are less than 20% of women as heads of local governments, women in rural areas do influence and develop rural life and take part in the decision making process.

In planning, implementing and evaluating national, regional and institutional strategies, policies and action plans, local government bodies should take into account different needs and social status of men and women and evaluate how the measures implemented or to be implemented affect the position of men and women in society. Both sexes should be represented in committees, councils and other collegial bodies of local government offices.

Starting from 2001 the state supports cooperation of women’s organisations. 2/3 of the financed projects have regularly been aimed at supporting organisations that are active in rural areas.

Based on a survey conducted by the Network of Estonian Non-Profit Organisations in 2003, it is possible to claim that Estonian people strongly believe that the people themselves should participate in solving local and national problems, and not leave it to politicians, officials, the Parliament or the Government.

One of the most important tasks of non-profit associations is representing the opinions of interest groups and informing the public, mobilising civic initiative and representing and maintaining democratic values.

Different women’s organisations – the Association of Rural Women in Estonia, the Association of Business and Professional Women in Estonia (BPW-Estonia), the Union of Estonian Women, Estonian Women’s Defence League, also women’s associations of political parties – have an extensive network in Estonia. Women’s organisations have joined into regional women’s roundtables.

The movement Kodukant , which mobilises Estonian villages and small towns, is a union of non-profit organisations that was founded by 13 organisations in October 1997. Today Kodukant joins 15 county unions, three national unions and seven local organisations. The main goal of the movement is to preserve, revive and contribute to the harmonious development of Estonian rural and village life, as well as support rural economy, village movement and national culture.

In 2003 regional village organisations or local organisations of Kodukant were established in all counties in Estonia largely due to local initiative.

The president of the Kodukant movement is a woman, and five more women and two men belong to the management board. The movement has its own information bulletin, which is edited by a woman. The representatives of the movement in other organisations and foundations are mostly women.

Every year the movement participates increasingly actively in the law making process and in initiating different national and EU programmes for rural life, cooperating with the parliamentary local initiative working group and various organisations and ministries. Women in rural areas have associations which provide information and training.

To have access to adequate health care facilities, including information, counselling and services in family planning;

This topic is discussed under Article 12.

To benefit directly from social security programmes;

In addition to social security programmes and schemes, which are applicable for women in both urban and rural areas, cities and local governments also provide different benefits under the Local Government Organisation Act and the Rural Municipality and City Budget Act .

Farmers can also apply for financial support for partial compensation of the expenses for farm relief services to hire farm relief employees to relieve the agricultural producers of their duties during a vacation for up to 28 days. The following may apply for support for farm relief services: a sole proprietor, a private limited company or a public limited company with only one partner or shareholder, who or which are entered in the register of taxable persons, operate in the field of livestock farming and who have paid a replacement fee to a qualified replacement employee (whose qualifications comply with the professional standard).

A survey that was commissioned by the Bureau of the Minister of Population Affairs and conducted by the department of sociology and social policy of the University of Tartu on local government support to families with children showed that the greatest part of the support to families with children was taken up by expenses related to education (70%). Day care constituted 21%, hobby education 7% and local family support 2% of the total support intended for children.

25% of all local governments (59) supported families by providing them “baby kits” which contained items needed by newborns. 9% of local governments gave allowances to families with many children. In the cities the average sum per child was 512 Estonian kroons and in the countryside 1085 Estonian kroons. The average sum in Estonia was 1004 kroons.

To obtain all types of training and education, formal and non-formal including that relating to functional literacy, as well as, inter alia, the benefit of all community and extension services, in order to increase their technical proficiency;

Regional centres for development offer a free of charge counselling service to companies that are just starting up as well as companies that have already been in business for a longer time. The same service is also available to local governments, non-profit organisations that are getting established and those that are already active, and to foundations. The developmental centres form a network which is coordinated by the Enterprise Estonia Foundation.

At the end of 2001 the Ministry of Agriculture launched a project to improve the distribution of agricultural and rural economic information and counselling (PIKK-project). Based on the project an Internet portal ( http://www.pikk.ee ) was created for all rural entrepreneurs and also an information distribution system together with a coordinating national centre and regional centres was established. The information distribution system helps agricultural producers and rural entrepreneurs to find and understand information and provides regular feedback to the Ministry of Agriculture about the information needs of rural entrepreneurs.

The general assembly of the village and small town movement Kodukant established a private school called “The Kodukant Training Centre in 2003, which is active in different regions of Estonia. The training centre is a training institution for adult learners, providing in-service and non-formal educational training, deals with all aspects of rural life and rural people, and helps to create the conditions for all-round rural development.

Since 2003 the Estonian Chamber of Agriculture and Commerce operates as a national coordinating centre in Estonia. Under the guidance of the information centre that is linked to the Chamber, regional information centres continue their operation. Most of the counties also have local farm unions that serve as information centres. In addition to providing information, information centres organise training days for rural entrepreneurs. All the above-mentioned information and training opportunities are intended for both men and women.

The Enterprise Estonia Foundation is continuously accepting applications to grant counselling allowances. The aim of the counselling allowances is to ensure that entrepreneurs have an opportunity to get entrepreneurial counselling from professional consultants on beneficial terms, to support the growth of enterprises and the creation of new jobs, to provide know-how to entrepreneurs and to help entrepreneurs find new markets. The applicants can be sole proprietors or small and medium sized enterprises registered in the Estonian commercial register, and the state or local government participation in the enterprises may not exceed 25%.

Approximately 2000-2500 agricultural producers use the individual agricultural counselling service annually. In 2003 there were 96 certified counsellors in Estonia who can provide the state-supported counselling service.

To organize self-help groups and co-operatives in order to obtain equal access to economic opportunities through employment or self-employment;

Table 14.2. The proportion of 15-74 year old paid male and female workers who are active in agriculture, hunting, forestry and fishing

15-74 YEAR OLD PAID WORKERS

1999

2000

2001

2002

2003

Men and women

30.0

25.6

22.9

22.9

21.3

Agriculture, hunting and forestry

2.1

2.0

1.7

1.4

1.6

Fishing

Men

18.9

17.2

16.0

15.2

14.0

Agriculture, hunting and forestry

2.0

1.8

1.5

1.1

1.5

Fishing

Women

11.1

8.4

6.8

7.7

7.3

Agriculture, hunting and forestry

30.0

25.6

22.9

22.9

21.3

Fishing

Note: Unit of measurement: thousand yearly average

Source: Statistical Office of Estonia, www.stat.ee

Table 14.3 The proportion of 15-74 year old men and women who are active in agriculture, hunting, forestry and fishing

15-74 YEAR OLD EMPLOYED

1999

2000

2001

2002

2003

Men and women

Agriculture, hunting, forestry

43.9

38.3

37.3

38.8

34.4

Fishing

3.1

2.9

2.7

1.9

2.3

Men

Agriculture, hunting, forestry

27.3

25.4

26.5

26.8

23.3

Fishing

2.9

2.8

2.5

1.7

2.2

Women

Agriculture, hunting, forestry

16.6

12.9

10.8

11.9

11.1

Fishing

Note: Unit of measurement: thousand yearly average

Source: Statistical Office of Estonia, www.stat.ee

To participate in all community activities;

The Association of Rural Women in Estonia serves as the umbrella organisation for rural women. The Association of Rural Women in Estonia operates under the Estonian Farmers’ Federation since 1996. One female representative from each Estonian county belongs to the board of the association. The association draws the attention of the public to problems that rural women face, supports the election of women to local government councils and to the board of the Farmers’ Federation. The majority of work is focused on training events which contribute to personal development – training seminars, study trips and leadership seminars are organised, the activities of rural women’s societies are supported in villages, etc. In addition to informing the public about the movement of Estonian rural women and the history of farm culture, the organisation also helps to solve social problems in the countryside.

The organisation has more than 700 members and has its own bulletin. It has helped to value life in the countryside and to re-invigorate village life through the activities of societies, common events, competitions to take care of public areas, and voluntary work.

The above-mentioned Estonian village and small town movement Kodukant also supports and promotes the movement of families, women and young people.

Besides membership in rural women’s organisations, rural women also belong to other national women’s organisations.

To have access to agricultural credit and loans, marketing facilities, appropriate technology and equal treatment in land and agrarian reform as well as in land resettlement schemes;

The Rural Development and Agricultural Market Regulation Act provides for different types of state support: interest rate support, training support, apprenticeship training support, support for farm relief services, joint economic activity support for agricultural producers, etc.

The joint economic activity support for agricultural producers may be applied for by a commercial association if at least five of its members are agricultural producers and the area of activity of the commercial association is the marketing or processing of the agricultural produce produced by its members, and the sale of agricultural products produced by it and the sale of fixed and current assets necessary for the production of agricultural produce.

In certain limited business spheres the Enterprise Estonia Foundation offers start-up capital to enterprises outside Tallinn that have been active for less than a year.

The state start-up capital to enterprises gives preference to projects related to local production and use of local raw materials and projects for the development of the tourism service. This is the only state measure to support entrepreneurship where preference is given to projects submitted by women entrepreneurs.

The maximum amount of support is 75% of the investments connected with the project, but not more than 100 000 EEK per application. In 2002, eight million kroons of start-up support was given in Estonia.

The purpose of the Rural Development Foundation is to help agricultural producers and other enterprises in rural areas by granting them additional securities to obtain loans from credit institutions for developing economic activities and purchasing of land. In 2004, 180 million kroons worth of loans were planned to be granted and loan securities were planned to be granted for another 100 million.

To enjoy adequate living conditions, particularly in relation to housing, sanitation, electricity and water supply, transport and communications.

Most of the housing is privately owned. Only 4% of housing belongs to the state and local governments.

In 2004 the Ministry of Social Affairs commissioned from the PRAXIS-Centre for Policy Studies a research project “Availability of Housing for Risk Groups”. The results of the survey show that almost a third of Estonian households live in poor conditions or in conditions not suitable for their housing needs. 1.2% of the households live in places that do not even meet the minimum standards of housing. This means the housing lacks either electricity, heating, clean water or toilet. 23.3% of the population live in a home without a shower, bath and sauna, and with a toilet outside.

In the worst situation on the real-estate market are households whose income is 25% of the average income in Estonia, unemployed persons, families with many children, single parent families, disabled people and elderly (especially those living alone).

The functions of a local government include the organisation of social assistance and services, welfare services for the elderly, youth work, housing and utilities, the supply of water and sewerage, the provision of public services and amenities, territorial planning, public transportation within the rural municipality or city, and the maintenance of rural municipality roads and city streets.

The task of the local government is the organisation of the implementation of health care legislation and monitoring compliance with the legislation, as well as the prevention of diseases and promotion of health among the population within the territory of the respective municipality.

The situation of phone connections and telecommunications has improved. The national project Külatee , (“Village Road”) for the development of county communication networks has been launched. Within the Külatee project, establishing of local government on-line Internet connection with the state backbone network Peatee (“Main Road”) is supported.

The TNS Emor Internet use surveys indicate that 52% of 6-74 year old Estonians use the Internet, i.e. the total community of Internet users in Estonia is 621 000 people. Access to the Internet is guaranteed through public Internet access points and also through public libraries.

The project “ Vaata maailma ” (“Look@World”) that has lasted for two years was born out of cooperation between Estonian enterprises and the state. The aim of the project was to raise significantly the number of people using the Internet and thereby improve the quality of life of Estonian people. From 24 April 2002 until 31 March 2004, 11 693 training courses were held throughout Estonia, 102 697 people were trained, and the majority of them were women ( www.vaatamaailma.ee ). Within the “Look@World” project 10% of the adult Estonian population were given information on how to use the Internet.

Article 15

1. States Parties shall accord to women equality with men before the law.

No changes have occurred as compared to the last report, except for the entry into force of the Gender Equality Act on 1 May 2004.

2. States Parties shall accord to women, in civil matters, a legal capacity identical to that of men and the same opportunities to exercise that capacity. In particular, they shall give women equal rights to conclude contracts and to administer property and shall treat them equally in all stages of procedure in courts and tribunals.

Equal civil legal capacity

On 1 July 2002 the new General Principles of the Civil Code Act came into force, according to which every natural person has general and unlimited passive legal capacity.

a. entering into agreements

The principles of entering into agreements have not changed as compared to the previous report.

b. administration of property

The provisions concerning the rights of women in administering property have not changed.

c. treatment in courts of all instances

Acting as a judge

According to the Courts Act, which entered into force on 29 July 2002, an Estonian citizen who has fulfilled an accredited law curriculum of academic studies, has proficiency of the Estonian language at the advanced level, is of high moral character and has the abilities and personal characteristics necessary for working as a judge may be appointed as a judge. The suitability of the personal characteristics of a candidate for judicial office will be assessed on the basis of an interview.

As at 4 November 2004, there were 238 judges in Estonia, of whom 151 were women. Of 175 judges of the courts of first instance there were 121 women, of 44 judges of the courts of second instance there were 27 women. 19 judges worked at the Supreme Court, of whom 3 were women.

Acting as a lay judge

According to the Courts Act, lay judges participate in the administration of justice in county and city courts on the bases and pursuant to the procedure provided by the codes of court procedure. In the administration of justice, a lay judge has equal rights with a judge. An Estonian citizen with active legal capacity from 25 to 70 years of age who resides in Estonia, has proficiency of the Estonian language at the advanced level, and is of suitable moral character for the activity of a lay judge may be appointed as a lay judge. The following can not be appointed as a lay judge: a person who is convicted of a criminal offence; a bankrupt person; a person who is not suited due to his or her state of health; a person who is in service in a court, prosecutor’s office or the police; a person who is in service in the armed forces; an advocate, a notary or a bailiff. Also a member of the Government of the Republic; a member of a rural municipality or city government; the President of the Republic; a member of the Riigikogu or a county governor cannot work as a lay judge. A person who is accused of a criminal offence cannot be appointed as a lay judge during the criminal proceedings. Lay judges are appointed for four years.

Acting as a representative

Since the submission of the previous report a new Bar Association Act has been adopted. We will explain the main new provisions arising from it. Additional information provided in the previous report is still valid.

All persons who comply with the requirements provided for in the Bar Association Act and have passed the advocate’s examination may be members of the Bar Association. In Estonia, only members of the Estonian Bar Association may provide legal services as advocates, unless otherwise provided by law. A person may be admitted to the Bar Association if he or she has active legal capacity, resides in Estonia or is a citizen of the Republic of Estonia or of a Member State of the European Union, has fulfilled an accredited law curriculum of academic studies, has oral and written proficiency in Estonian and is honest and of high moral character. In order to be admitted to the Bar Association, a person must submit a written application and pass an advocate’s examination. Members are admitted to the Bar Association by a resolution of the Board.

As at October 2004, the Estonian Bar Association had 445 members, of whom 155 were women.

Acting as a prosecutor

According to the Prosecutor’s Office Act an Estonian citizen with active legal capacity who has attained at least 21 years of age, has acquired education according to an accredited law curriculum of academic studies, is proficient in Estonian to the extent established by or pursuant to law, who is of high moral character and has the necessary abilities and personal characteristics may be appointed as the Chief Public Prosecutor, a leading public prosecutor, leading prosecutor, public prosecutor, senior prosecutor, specialised prosecutor or district prosecutor. The Act also provides for limitations. The following persons cannot be appointed as a prosecutor: a person in respect of whom a conviction for an intentionally committed criminal offence has entered into force; a person who has been released from the public service for a disciplinary offence; a person who has been disbarred from the Estonian Bar Association or expelled from the notarial profession; a person closely related by blood (parent, brother, sister, child) or by marriage (spouse, spouse’s parent, brother, sister, child) to the prosecutor to whom he or she is directly subordinate or a person who due to his or her state of health is unable to work as a prosecutor. In case of doubt, a medical committee will determine the state of health of a person.

Of 192 prosecutors in Estonia 75% are women.

Acting as a party

In addition to the information provided in the previous report, the Code of Civil Procedure clearly stipulates that all persons are equal before law and the court in the administration of justice in civil matters. The law does not state nor has legal practice established obstacles to one gender for turning to the court.

Acting as a witness

Compared to the previous report, the range of people who can refuse from giving testimony on personal reasons has expanded. Witness has a right to refuse to give testimony on personal reasons if he or she is an ascendant or descendant of the plaintiff or the defendant, or is or has been married to such ascendant or descendant; he or she is a brother or sister of the plaintiff or the defendant, or is or has been married to such brother or sister, also adoptive parent, adoptive child, husband or a person in cohabitation with the person, even if the marriage or cohabitation has been terminated.

3. States Parties agree that all contracts and all other private instruments of any kind with a legal effect which is directed at restricting the legal capacity of women shall be deemed null and void.

According to the Family Law Act agreements which restrict the personal rights and freedoms of spouses are void.

4. States Parties shall accord to men and women the same rights with regard to the law relating to the movement of persons and the freedom to choose their residence and domicile.

No new information can be provided compared to the previous report.

Article 16

1. States Parties shall take all appropriate measures to eliminate discrimination against women in all matters relating to marriage and family relations and in particular shall ensure, on a basis of equality of men and women:

The same right to enter into marriage;

Marriage is contracted on the mutual desire of the prospective spouses. Marriage will not be contracted if a prospective spouse does not confirm his or her desire to marry or if a prospective spouse is not of the age to marry or if hindrances to contracting a marriage become evident.

A marriage will not be contracted between persons of whom at least one is already married; between direct ascendants and descendants, brothers and sisters, half-brothers and half-sisters, adoptive parents and adopted children, or between children adopted by the same person; also between persons of whom at least one has been placed under guardianship due to his or her restricted active legal capacity.

The same right freely to choose a spouse and to enter into marriage only with their free and full consent;

No changes have been adopted compared to the information provided in the previous report.

Although the downward trend in the registration of marriages that started in the 1990s continued in 2000, there has been a slight increase since 2001. In 2002, 368 more marriages were registered than in 2000. The number of marriages per 1000 inhabitants rose to 4.3 in 2002 from 4.0 in 2000, which is the highest figure after 1995.

In 2000, 5485 marriages were contracted in Estonia, in 2001 the number was 5647 and in 2002 it was 5853.

Table 16.1. The number of first time marriages and repetitive marriages.

First time marriages

Repetitive marriages

Number of previous marriages unknown

Proportion of repetitive marriages, %

Men

Women

Men

Women

Men

Women

Women

Men

1999

3 785

3 825

1 805

1 765

0

0

32.3

31.6

2000

3 711

3 706

1 774

1 778

0

1

32.3

32.4

2001

3 785

3 816

1 862

1 831

0

0

33.0

32.4

2002

4 024

4 048

1 829

1 805

0

0

31.2

30.8

Source: Statistical Office of Estonia, www.stat.ee

The same rights and responsibilities during marriage and at its dissolution;

No amendments have been adopted compared to the previous report. Relevant provisions in the Family Law Act have not been changed.

Table 16.2. Mean age at first marriage, by men and women

MEAN AGE AT FIRST MARRIAGE

Year

Men

Women

1999

27,1

24,6

2000

27,5

25,0

2001

27,8

25,2

2002

28,2

25,5

Statistical Office of Estonia, www.stat.ee

The number of divorces, compared to 1999, when 4561 marriages were divorced, had dropped to 4074 in 2002. The number of divorces per 1000 inhabitants was 3.0 in 2002.

The proportion of divorces among people married for several times has remained unchanged at around 20% for both men and women. Statistics show that the number of divorces sharply rises after 5-9 years of marriage, reaching its peak with marriages that have lasted for 10-19 years.

There were 4230 divorces in Estonia in 2000, 4312 in 2001 and 4074 in 2002.

Table 16.3. The number of divorces for persons who divorced their first or repetitive marriage

Divorced the first marriage

Divorced a repetitive marriage

Number of divorced marriage unknown

Proportion of persons divorcing a repetitive marriage, %

Proportion of persons divorcing a marriage for an unknown time, %

Men

Women

Men

Women

Men

Women

Men

Women

Men

Women

2000

3 424

3 440

806

789

0

1

19.1

18.7

0

0

2001

3 393

3 467

918

845

1

0

21.3

19.6

0

0

2002

3 267

3 225

798

829

9

20

19.6

20.3

0.2

0.5

Statistical Office of Estonia, www.stat.ee

Table 16.4. The number of divorces by duration of marriage

2000

2001

2002

Men

Women

Men

Women

Women

Men

Total

4 230

4 230

4 312

4 312

4 074

4 074

Less than 1 year

116

116

93

93

95

95

1 year

151

151

181

181

177

177

2 years

208

208

195

195

221

221

3 years

158

158

201

201

179

179

4 years

199

199

205

205

210

210

5 years

223

223

204

204

169

169

6 years

205

205

216

216

165

165

7 years

212

212

176

176

208

208

8 years

195

195

187

187

168

168

9 years

233

233

193

193

158

158

10-14 years

969

969

983

983

855

855

15-19 years

612

612

639

639

633

633

20 and more years

749

749

839

839

836

836

Statistical Office of Estonia, www.stat.ee

The same rights and responsibilities as parents, irrespective of their marital status, in matters relating to their children; in all cases the interests of the children shall be paramount;

Family is responsible for ensuring the emotional and financial well-being as well as the upbringing and development of children.

According to the child and family policy conception, state supports the right and obligation of both parents to raise their children and to take care of them, and creates equal opportunities for taking part in work and family life. In shaping family policy the state has to take into account different and multifarious forms and relations of family life.

A parent is required to maintain his or her minor child and an adult child who needs assistance and is incapacitated for work. If a child attends basic school, upper secondary school or vocational school and continues to study there upon becoming an adult, a parent is required to maintain the child during his or her studies.

If a parent fails to perform the duty to provide maintenance to a child, a court will, at the request of the other parent, guardian or guardianship authority, order support for the child to be paid to the parent who submitted the claim or to the guardian or person in whose interests the guardianship authority submitted the claim. Support for a child will be specified as a monthly support payment based on the financial situation of each parent and the needs of the child. Upon a change in the financial situation of a parent or the needs of a child, a court may change the amount of support at the request of an interested person.

The monthly support payment for one child shall not be less than half of the minimum monthly wage established by the Government of the Republic. In 2004 half of the minimum monthly wage established by the Government was 1240 EEK.

If the person fails to perform the duty to provide maintenance, the court will order maintenance to be paid as of the submission of the claim.

A court may refuse to order support or may reduce the amount to less than half of the minimum monthly wage or terminate payment of support if a parent ordered to pay the support is incapacitated for work, or a child has sufficient income, or other good reasons as established by the court become evident.

For example, a court may consider it a good reason if a parent has another child who would be less financially secure than the child receiving support if such amount were ordered.

A court has granted the minimum amount possible only in cases where the financial situation of the parent from whom maintenance is asked does not allow for more or when the parent asking for maintenance has not sufficiently substantiated the amount asked for.

A parent who intentionally evades payment of monthly support ordered by a court to his or her child of less than 18 years of age or to his or her child who has attained the age of majority but is incapacitated for work and needs assistance will be punished by a pecuniary punishment or up to one year of imprisonment.

The same rights to decide freely and responsibility on the number and spacing of their children and to have access to the information, education and means to enable them to exercise these rights;

The state’s child and family policy conception supports the right of every person to decide freely when and whether to start a family and have children. Information necessary to start planning for a family is available through consultations, publications and also electronically ( http://www.perekool.ee ; http://www.amor.ee ).

Counselling centres offer free of charge services in larger cities and municipal regions. The task of the family nurse is to counsel people in questions related to family planning and sexual health. Family nurse’s individual counselling hours should be at least 10 hours every week.

Since 2003 a regulation of the Minister of Social Affairs is in force, which allows the prescription for anti-baby pills to be used for two or three times. The regulation abolished a previous situation where people had to wait several weeks for a doctor’s appointment to get a prescription for anti-baby bills.

Almost half of those who wished to get children at the end of the 1990s decided to postpone it due to financial reasons. More than 1/3 of those who planned giving birth to a child claimed they first wanted to secure themselves financially, 30% stated problems connected with housing and studies. Other reasons included absence of a partner (27%) and uncertainty about the future (23%).

According to the Artificial Insemination and Embryo Protection Act only adult women of up to 50 years of age who have active legal capacity are, at their own request, permitted to undergo artificial insemination. No-one may compel or persuade a woman to undergo artificial insemination. A woman’s consent to artificial insemination has to be in writing.

In order for a married woman to undergo artificial insemination, her husband’s written consent, which has to be consistent with the consent granted by the woman, is necessary. The husband’s consent has to set out whether he agrees to artificial insemination of his wife with his sperm even after his death.

A woman has the right to refuse to undergo artificial insemination until it is carried out and declare her consent void. The husband also has the right to declare his consent void in writing until the beginning of the procedure of artificial insemination.

In the event of artificial insemination of a woman with the sperm of a man who had not granted his consent thereto or had declared his consent void, the issue of the child’s filiation will be settled pursuant to the provisions of the Family Law Act.

An exposition “Person. Health. Family” has been set up permanently in the Estonian Health Museum, which gives an overview of human reproductive health.

The same rights and responsibilities with regard to guardianship, wardship, trusteeship and adoption of children, or similar institution where these concepts exist in national legislation; in all cases the interests of the children shall be paramount;

Amendments have been made in the provision concerning surrogate motherhood as compared to the previous report.

Surrogate motherhood or transfer of a foreign ovum, or an embryo or foetus created from it to a woman whose intention to give away the child after birth is known is punishable by a pecuniary punishment.

The same personal rights as husband and wife; including the right to choose a family name, a profession and an occupation.

No amendments have been adopted compared to the previous report.

The same rights for both spouses in respect of the ownership, acquisition, management, administration, enjoyment and disposition of property, whether free of charge or for a valuable consideration.

The system of marital property contracts described in the previous report has not changed. Property rights of persons living in an unregistered marriage are protected according to the provisions of private law on general property relationships.

2. The betrothal and the marriage of a child shall have no legal effect, and all necessary action, including legislation, shall be taken to specify a minimum age for marriage and to make the registration of marriages in an official registry compulsory.

Minimum age for marriage and compilation of a marriage act at the vital statistics office upon contraction of the marriage are regulated.

A minor between 15 and 18 years of age may marry with the written consent of his or her parents or guardian. If a child has one parent or if the other parent is missing or a guardian has been appointed to the other parent due to his or her restricted active legal capacity or if one parent is deprived of parental rights, the consent of one parent is sufficient for the minor between 15 and 18 years of age to marry.

If even one of the parents or a guardian does not consent to the marriage, a court may grant permission to marry on the application of one parent or the guardianship authority. A court shall grant permission to marry if the marriage is in the interests of the minor.

Since May 2001 the Minister of Regional Affairs may grant the right to perform the functions of a vital statistics office which are related to the contraction of marriages to a minister of religion of a church, congregation or association of congregations who has received the appropriate training. A minister of religion of a church, congregation or association of congregations who is granted the right to contract marriages by the Minister of Regional Affairs is equal to a vital statistics office upon performance of the functions related to the contraction of marriages and the minister of religion has the right to register marriages and issue marriage certificates. The Ministry of Internal Affairs exercises supervision over the performance of functions related to the contraction of marriages by a minister of religion of a church, congregation or association of congregations.

2000

2001

2002

Women

Men

Women

Men

Women

Men

Below 16

3

0

1

0

3

0

16

21

0

12

0

7

1

17

47

3

50

4

34

2

Based on the following table it can be claimed that marriages between minors are not common and have declined from year to year.