My Rights and Responsibilities - Settle in Estonia programme

My Rights and Responsibilities

Private and Public Services

Estonia: State, Society and Language

My Rights and Responsibilities

Working and Labour Market

Networking, Volunteering and Leisure Time

Children and Family

Kindergarten and Schools

Higher Education and Research

Residence and Citizenship

Business and Entrepreneurship

1. My Rights as a Foreigner in Estonia

1.1. Cultural practices and main things to remember

1.2. Emergency phone number 112

1.3. Work-related breach of your rights

Labour relations in Estonia

Accidents

Breach of employment contract

Employee representatives

1.4. Offences: misdemeanours and criminal offences

1.5. Renting and buying property: rightful fees

1.6. Your rights and responsibilities in traffic

Parking

Traffic insurance

1.7. Your privacy and data protection

Data protection

Myths regarding Estonian e-services

1.8. General options for getting legal help

2. Know Your Rights!

2.1. Main things to know

2.2. Gender equality

Sexual orientation

2.3. Where to seek for assistance?

Victim support

Chancellor of Justice

The Labour Inspectorate

Health Insurance Fund

Ministry of Education and Science

Consumer Protection and Technical Regulatory Authority

2.4. Organisations and services for further assistance

2.5. How to submit a complaint or claim

3. Domestic Violence and Abuse

3.1. Physical and psychological aspects

3.2. Legal protection

3.3. Seeking for assistance and victim support

Support of victims of DV

Victim support

Rape Crisis Centers for victims of sexual assault Eluliin

3.4. Children’s shelters

Tallinn Children’s Shelter Other relevant resources

4. Child Protection

4.1. Rights and duties of a child

4.2. Age-related restrictions

4.3. Rights and duties of a parent

4.4. Safety: some tips for children

4.5. Helping a child

A child in need of help A child in danger

Informing about a child in need of help Contacts

4.6. Bullying At school Outside the school

4.7. Children and borders

or relocating with children

INTRODUCTION

Dear reader,

Thank you for participating in the “Settle in Estonia” programme. Our programme has been designed for foreigners who have decided to move to Estonia and our courses have been available to new arrivals since 2015. Whether your reason for choosing Estonia is based on your family connections, work, study or business interests, our programme is here to help you settle in and nd your feet in a new country.

The handbook you currently have in front of you is designed to act as a reference point you can use even after the course has nished. We hope it will be useful to you during your rst years in Estonia and will help you nd the correct and up-to-date information on the subject you are interested in. The handbook is updated on a regular basis to make sure the information contained in it is accurate. You can nd the details of the current issue on the back cover. When new versions become available, you can nd them on the website: issuu.com/settleinestonia

This handbook will make you accustomed to all the information related to your rights and sources of support in Estonia. In the beginning, it might be a little bit di icult to makes sense of what rights do you have, how to protect yourself and where to seek for help, whom to contact and what to do.

For this, we have combined some of the main principles of public order and sources of support whether you are concerned about you privacy (very useful question in our small tech-savvy country!), ways of protecting your family and children, ways of tackling possible discrimination or any other type of o ence against you.

In particular, the rst chapter will go through the essential things to remember, such as the main aspects that might lead to a cultural shock, work-related rights, o ences, the real estate, tra ic and privacy.

Chapter two explores the issues regarding discrimination, relevant civil society organisations and the ways of submitting complaints and making applications to report someone’s o ence against you.

Chapter three will observe a particularly prominent topic, which is domestic violence and abuse and chapter four will uncover everything related to children, their rights and their protection.

We invite you to read it through to be able to protect yourself and your closest ones from any type of abuse and injustice!

We wish that you will nd this information more than useful and that these handbooks will be helpful for you throughout your stay in this country.

Tere tulemast Eestisse! Welcome to Estonia!

Head lugemist! Have a good read!

1. MY RIGHTS AS A FOREIGNER IN ESTONIA

Kes hiljaks jääb, see ilma jääb

He who is late will be left without

1.1. CULTURAL PRACTICES AND MAIN THINGS TO REMEMBER

When moving to Estonia, some cultural di erences might surprise you and even cause you some troubles. It is good to always stay open-minded and try to understand the way certain things work here. For an introduction, let us go through some notable cultural examples:

How are you?

It is not common for Estonians to greet people by asking how someone is after the initial greeting. This should be done when you know the person well, and you are genuinely interested in his or her wellbeing.

Greetings and distance

People usually greet each other with a wave of the hand or a nod, i.e. without physical contact. A handshake is used in more formal settings (regardless of whether the other person is a man or a woman). Kissing on the cheek is not common in Estonia.

Conversation habits

When addressing an o icial or service sta , it is advisable to use the formal form of the word “you” (EE: ) - which is also appropriate and polite when speaking to older people or meeting someone for the rst time. Using less formal “you” (EE: ) is not disrespectful but may be considered tactless.

Time

Estonians are quite punctual and disapprove of being late. If you have agreed to attend a job interview, made an appointment with a doctor, or need to participate in a meeting with people you do not know very well, make sure you arrive on time or even early. It is not uncommon for Estonians themselves to arrive at a meeting 10 minutes before the time agreed. If you cannot avoid being late and you know that in advance, make sure you call and let the other person or people know as soon as possible.

Visiting

It is considered polite in Estonia to take your shoes o when entering somebody’s home. This rule should be ignored only if you are clearly said to leave your shoes on.

Gifts

If you have been invited to a party, take a gift for the host (unless it says on the invitation that you do not need to bring one). The gift should be something small – owers, chocolates, wine etc.

Selling and consuming alcohol

The legal age for purchasing alcohol in Estonia is 18. Alcohol is sold in shops from 10:00 to 22:00.

1.2. EMERGENCY PHONE NUMBER 112

In Estonia and elsewhere in the European Union (as well as in Island and Georgia) there is one emergency phone number 112 in use for calling the ambulance, police and rescue workers. Calls are received by the Emergency Response Centre (EE: ). You should call the emergency if your or someone else’s life, health, property or environment is in danger or there is reason to believe that something dangerous is about to happen.

It is always better to be on the safe side and call 112 whenever necessary!

If you are not sure whether your situation is an emergency or not, do not hesitate. A rescue coordinator, who has completed relevant training, will answer your call and determine the severity of the situation. If it is determined that the help of ambulance, police or rescue workers is not necessary, the rescue coordinator will provide you with further instructions or forward your call to the appropriate line.

The emergency phone number 112 is always accessible and free of charge. Be sure to teach children how to call this number as well and encourage them to use it when necessary. It is possible to call 112 even if there is no SIM card in the phone or network signal. Calls can be made in Estonian, English or Russian.

When calling 112:

Firstly, explain what has happened, tell the rescue coordinator whether anyone has been injured and needs help.

Tell them the address (being as speci c as you can) or describe your location, surroundings. You can also give the rescue coordinator your exact coordinates. Read about how to determine your coordinates on your phone.

Follow the instructions given by the rescue coordinator; their task is to help you. Answer the questions you are asked – this is necessary so that the rescue coordinator can assess the severity of the situation and provide as much detailed information to rescue workers, the police and the ambulance as possible.

Do not discontinue the call before all the necessary information has been given to the rescue coordinator, and they con rm that it is okay to end the call.

If someone’s life or property is in danger, help will be sent out already during the call. Asking and answering additional questions will not cause a delay in sending out help – help will already be on the way.

If the situation changes, be sure to notify the Emergency Response Centre of this.

Keep your phone line open, so that the rescue coordinator can call you back should that be necessary.

More information on the Emergency Response Centre website: 112.ee

1.3. WORK-RELATED BREACH OF YOUR RIGHTS

One of the aspects that any employee might face is occupational violence. This is the prejudiced behaviour against an employee or a group of employees to hurt, humiliate, belittle or threaten. Attacks might be targeted to undermine a person’s dignity, professional knowledge, physical characteristics, racial belonging, sexual orientations, or else. Occupational violence could occur as a single case or systematic behaviour pattern, and take place on di erent levels of the organisation (manager’s violence against subordinates, violence among employees).

Märt Rask

Attorney

Law is the art of goodness, and the interpretation of laws cannot be without morals and ethics

Another problem that you should be aware of is sexual harassment. This occurs when any undesired verbal, non-verbal or physical act or activity with a sexual nature takes place, with the objective or actual e ect of degrading the dignity of a person by creating a disturbing, threatening or hostile atmosphere. An example of sexual harassment is a situation when a colleague or subordinate is touched or trying to be touched, even when it is clear that the person does not welcome the act.

Read more about common problems (including excessive workload, stress, hazards) and how to address them, including your rights and where to ask for further help, at the website of tooelu.ee

1.3.1. Labour relations in Estonia

Useful and thorough information regarding employment rights could be found in the handbook on working and the labour market. However, it will be useful to once again go through some very important aspects here as well.

Relationship between employer and employee is mainly regulated by the Employment Contracts Act (EE: ). Work relations are also regulated with the Law of Obligations Act (EE: ), the Labour Dispute Resolution Act (EE: ), and the Occupational Health and Safety Act (EE: ).

The employment contract should usually signed before the start of your work. The contract should have a written form with two copies – one to the employer and the second one to the employee. Among other things, the employment contract must specify the employee’s working hours, salary, the method for calculation of the salary and procedures for paying the salary.

PAY ATTENTION!

In Estonian legislation, the principle of protection is applied towards the employee who is considered the weaker party. This means that agreements which include disadvantageous clauses towards employees, compared to what is outlined in legislation, are likely considered void.

Labour Inspectorate does the supervision over employers. See more from their website ti.ee

Some general useful information about employment can be found from the webpage of the Ministry of Social A airs sm.ee

To nd employees, employers list job advertisements on their own website, use job-seeking sites (for example cvkeskus.ee and cv.ee). You might also reach out to the company in person by writing to them and expressing your interest.

1.3.2. Accidents

In case an accident at work results in death or a visibly serious injury, the local o ice of the Labour Inspectorate should be immediately noti ed of the accident without waiting for a doctor’s certi cate. It is the responsibility of the employer to notify relevant authorities of accidents at work. If by any chance, your employer refuses to cooperate, you can report the accident yourself by contacting the local police or the regional o ice of the Labour Inspectorate at ti.ee

Occupational diseases

An occupational disease is an illness caused by a risk factor in the work environment or the nature of work mentioned in the list of occupational diseases (in Estonian). Occupational diseases are characterised by slow, gradual development. The disease may be so unnoticeable that the person cannot even suspect it. An occupational disease is a long-term illness, and its main cause is a physical, physiological, chemical, or biological risk factor related to the work. It also often happens that one person has several occupational diseases.

What should you do in case of occupational disease?

The employee who has developed a health disorder while carrying out work tasks has a right to ask the employer to compensate for the damage caused.

For this, you have to visit your general practitioner rst who will determine your state of health and collect the relevant data. After the occupational disease is diagnosed, you should report the situation to the employer or their representative.

The employer then submits a report on the results of the investigation to the victim or their advocate and to the local authority of the Labour Inspectorate. The employer registers cases of occupational diseases and communicates the relevant information to the working environment specialist, commissioner or relevant authorities.

The data on the health status of an employee obtained in the course of an investigation is sensitive and subject to the procedure provided for in the Personal Data Protection Act. Records of occupational disease research are kept for 55 years.

Accidents and illegal working

No one is protected from accidents. Here, it is important to remember that social guarantees (e.g. free healthcare) only apply to those who are o icially considered as employed or have national health insurance by law. Among many things, this means that every time you visit a doctor, you have to pay for the visit yourself. Furthermore, illegal workers do not qualify for unemployment bene ts, vacation/parental leave, state pension and else.

Always make sure that you have signed the contract and that you are working legally. If your employer refuses to register you as an employee or you feel that something is not right with your documents, contact the Labour Inspectorate and describe them your situation.

Working illegally might cause you troubles and even your expulsion

Free counselling service of the Labour Inspectorate

Free legal counselling services related to the Labour Inspectorate are available. The legal advisors give answers to questions concerning employment contracts, working and rest time, holidays, wages and other matters related to labour relations as well as collective labour relations. The work environment consultants answer questions about safety at work and healthy workplaces.

The goal of the counselling service is to help all parties of a working relationship to know and ful l all their rights and obligations, to promote lawful actions and to reduce and prevent con icts and violations. The counselling service of the Labour Inspectorate is free of charge. The adviser of the Labour Inspectorate is impartial (independent) and the counselling is condential. To read more about the service, visit: ti.ee

The helpline does not answer or provide solutions to disagreements in employment relationships or o er legal aid. It only gives explanations about issues related to the implementation of legal acts under the supervision of the Labour Inspectorate

For more information regarding working in Estonia see: tooelu.ee

1.3.3. Breach of employment contract

Any amendment or termination of an employment contract must be done in accordance with valid laws. Both the employee and employer can turn to the labour dispute committee or court to protect their rights.

The employment contract cannot be terminated on grounds not provided by the Employment Contracts Act.

There are several variants for the termination of an employment contract:

Ending the employment relationship on mutual agreement (this includes termination by both employer and employee by lawful means)

Fixed-term expiration

Employee’s death

The death of the physical person employer, if the contract was concluded considering the employer’s person

Cancellation

For more information, please read the handbook on working and labour relations. You can also read Work and Labour Relations section on eesti.ee website: eesti.ee

1.3.4

Employee representatives

Trustee of employees (EE: ) – employee chosen to represent the interests of all employees by the employees’ general meeting

Trade union (EE: ) – union created by the employees, the main goal of which is to protect the rights of its’ members

Working environment representatives (EE: ) –working environment representative and council – members selected by the employees who represent the employees in questions related to occupational health and safety (applies to companies with 150 or more employees)

Representatives of employees at community-scale undertakings (EE: ) – employees who have been chosen to represent the entire personnel at the general board (applies to community-scale employers and European companies)

For more information, please visit eesti.ee (eesti.ee) or read the handbook on working in Estonia and the labour market.

1.4. OFFENCES: MISDEMEANOURS AND CRIMINAL OFFENCES

The Estonian Penal Code provides that o ences are divided into criminal o ences and misdemeanours. Whereas a criminal o ence is a more serious o ence, a misdemeanour is a minor o ence.

Misdemeanours

Typical misdemeanours include various o ences (e.g., road tra ic o ences, causing a re hazard in nature, a breach of public order), the o ences in the eld of taxation and customs (e.g. hiding a tax liability, paying unreported wages, exporting/selling cigarettes illegally), o ences in the eld of environment (e.g. dumping waste illegally, environmental pollution etc).

When talking about misdemeanours, both the bodies conducting so-called extra-judicial proceedings (proceedings that place outside of court, such as by the police, the Tax and Customs Board, the Environmental Inspectorate, local governments etc) and a court have the right to impose sanctions for misdemeanours. However, only courts have the right to convict a person for a criminal o ence.

A misdemeanour is punishable by a ne, detention, or deprivation of driving privileges. Both bodies conducting extra-judicial proceedings (the police and courts) have the right to impose a ne.

The amount of a ne is between 3 to 300 ne units (one ne unit is 4 euros); thus, nes can range from 12 to 1,200 euros. Legal entities (e.g. companies or organisations) may be imposed nes ranging from 100 to 400,000 euros.

Only a court has the right to order detention, i.e. short-term imprisonment. A body conducting extra-judicial proceedings does not have this right. The minimum period of detention is one day and the maximum 30 days.

Deprivation of driving privileges (taking away the driving licence) is either the main or the additional punishment for tra ic o ences, and its purpose is to forbid the driver to drive his/her vehicle. Both the court and the body conducting extra-judicial proceedings have the right to impose this punishment.

Criminal o ence

By committing a criminal o ence, the o ender damages legal rights. Legal rights are fundamental values such as life, health, and freedom, but also material values such as property but also collective rights such as the proper functioning of the economy.

The Penal Code provides that a criminal o ence is an o ence prescribed in the Penal Code for which the principal punishment prescribed in the case of natural persons (people) is a nancial punishment or imprisonment and in the case of legal persons (an association established according to the law, e.g., a public or private limited company) a nancial punishment. The Penal Code also provides that as a general rule only an intentional act can be punished as a criminal o ence.

A person can only be punished if the act includes the necessary elements of an o ence, if the act is unlawful and the person is guilty of the o ence.

The degrees of criminal o ences in Estonia

First-degree o ence: the Code prescribes the maximum punishment as imprisonment for a term of over ve years or life imprisonment.

Second-degree o ence: the Code prescribes imprisonment for a term of up to ve years or a pecuniary punishment.

No matter what the scene of the crime is – home or street – it is important to notify the police as soon as possible and to keep the scene and evidence as intact as possible. You can get the quickest help from the Police and Border Guard Board, or the Rescue Board. Victims of a crime can also receive help from the Social Insurance Board’s victim support specialists or rural municipality government or city government.

When a theft takes place

In case of a theft from your apartment, do not move around the scene of the event and do not clean the room – you could unwittingly destroy evidence you are not able to notice that may lead to solving the case. Furthermore, try to keep the surroundings of your dwelling intact, as there may be important traces on the ground or in the hallway.

When a theft from your car takes place, do not move around anything and do not start cleaning up your car. Do try to keep the surroundings of your car intact, as there may be important traces on the ground.

If your wallet or mobile phone has been stolen – contact your bank/phone operator immediately and close your bank cards and/or deactivate your SIM card.

Penal Code and other related acts

All criminal o ences are described in the Penal Code, but misdemeanours may also be described in other Acts (for instance the Tra ic Act, the Customs Act).

For further information in the Penal Code of Estonia, see the riigiteataja.ee or eesti.ee

Be aware!

When o ered a well-paid job abroad – many such agencies are just a cover for frauds who collect the commission and disappear or smuggle sex-workers under cover of babysitting or cleaning jobs. The jobs that are o ered may also be illegal.

When selling or buying real estate (an apartment, a house, etc) –smaller real estate companies that o er seemingly a ordable services may also be a cover for clever frauds who use ctitious persons to sell your apartment or house to a third “good-faith” buyer and leave you without either money or property.

You are asked to sign an authorisation document for acting on your behalf – do not give the other person too great of a power. The authorisation document should also not include the right to delegate the authorisation (in this case, a third person whom you may not even have met could start acting on your behalf). Be aware that all obligations that the other person can take under your authorisation will become your responsibility.

You are asked to pay in advance for a delivery or procurement of goods – the fraud will take your money and disappear without sending you the goods. Only make payments via veri ed and trusted parties or apps.

You are asked to disclose your personal information (card numbers, passwords, etc) – your personal information may be used to access your assets. All the relevant bodies and authorities already have your information and will not ask it from you.

You have lost your documents – the data they include may be used to dispose of your assets. Criminals may also use the documents. To prevent that, the loss of documents has to be reported to the issuing authority.

You are selling or buying a car – car seller might lie to you regarding the condition of a car or its features. Take a knowledgeable friend with you to advise you on the technical condition of the car.

You are lending money – a written contract that speci es the transfer of money is of utmost importance in collecting the debt even when you think you know the borrower.

See more information under the section “Legal advice” at the website of eesti.ee

1.4.1. Other types of o ences: fraud

Fraud schemes are not very common in Estonia and the police are working hard on their prevention. However, it is important to be aware of possible schemes to avoid becoming a victim. Criminals design their schemes according to what is happening in society, and this leads to di erent frauds. But some older scams are used as well. Several examples of the most popular fraud schemes will be provided below.

Toomas H. Ilves

Former President of Estonia (2006-2016)

Silence is a constitutional right that extends to all, as does freedom of expression.

Malware distributors are taking advantage of the situation where the consumption of information is high. For example the beginning of pandemic crisis, many people received an e-mail, the sender of which imitated to be the pharmacy chain Euroapteek. The e-mail allegedly contained information about the spread of the virus, approved by the Ministry of Health. It also contained a malicious document or a link.

Malware

When you receive such a message, pay attention to the address bar. For instance, this e-mail came from a specially created fake address euroapteek(at)protonmail.com. It is also worth paying attention to the spelling and factual errors in the messages because if these are present, there is a high likelihood that you are dealing with fraud.

The malware provides access to passwords and data on your computer. If you receive a message from a suspicious and unknown address, delete the message without any further thought.

Did you know?

Estonia is considered to be at the forefront of cybersecurity. For instance, the international law document that regulates cyber operations is named The Tallinn Manual 2.0 after the Estonian capital.

Account and payroll account fraud

Fraudsters are taking advantage of the situation where many people work remotely and much of the communication takes place online. For instance, there is a widespread fraud in which a company’s accountant receives a letter from the CEO asking for a quick transfer of funds to an unknown account. In reality, the letter is sent by a fraudster who has created a fake e-mail address, and the employee is rushed to make the payment.

You should always check the sender of the e-mail, call your employer, if necessary, and make sure that such a transfer is strictly necessary.

Sometimes a fraudster calls and introduces himself as an IT specialist and o ers the opportunity to check the computer’s security settings. Its purpose has been to gain remote access to the computer.

Payroll account fraud is also common. In those cases, an employee asks the HR manager to transfer their payroll to a new account when in reality, the letter is being sent by a fraudster.

Investing

Sometimes, people are contacted by phone and o ered a high-yield investment opportunity. In this situation, the fraudster promises that you would become rich in just a few days and without much e ort. The person is asked to download a remote desktop tool AnyDesk or TeamViewer to their computer. The fraudster takes over the computer desktop and gains access to the person’s bank account from which he will start making transfers.

The fraudsters give you the impression that the “invested” money is growing fast and encourage you to keep investing. The fraudsters manipulate people to gain their trust and keep them hooked for as long as they possibly can. The goal is to get as much money from one person as possible.

The Police and Border Guard Board of Estonia asks people to follow simple advice to protect the assets:

If you receive an o er that promises high returns quickly or a product that is di icult to access, be careful.

Do not transfer information about your ID-card, PIN codes, other identity documents, photos of credit cards, etc. to strangers.

Do not make any transfers until you have checked the background of the particular company.

Do not download any programs (TeamViewer or AnyDesk) to your computer at the request of an unknown person that allows them to take over your computer desktop.

If you receive a suspicious call, end the call immediately, block the number and report such a call to the Police and Border Guard Board’s hotline (6123000) or forward the information via the website cyber.politsei.ee/en

If you have su ered damage, contact the police.

1.5. RENTING AND BUYING PROPERTY: RIGHTFUL FEES

Please be aware of all the fees that are related to renting an apartment. The fees related to renting are divided into four groups:

Rent – paid once a month, generally in advance

Deposit – paid once prior to moving in (usually equal to one month’s rent)

Utilities – all the running costs related to using an apartment, such as water, electricity and heat

Agreement fee/realtor arrangement fee – a company that represents the owner

There should be no other fees related to renting the property and any attempts to prove you otherwise and impose any other fee on you might be a sign of a scam.

Further information related to properties and property rights is described in the handbook on public and private services.

1.6. YOUR RIGHTS AND RESPONSIBILITIES IN TRAFFIC

Using a passenger car is very popular in Estonia and there are over 400 cars per one thousand residents. To drive in Estonia your driving licence must be valid in Estonia. You can check it at Estonian Transport Administration at transpordiamet.ee/en/foreign-driving-licence

General things to remember:

Drive on the right side of the road.

Headlights must be on at all times.

Driver and all passengers (in front and rear seats) must always wear seatbelts.

Drivers must always stop for all pedestrians in marked crosswalks.

Pedestrians on the crosswalk have the right of way (PS! this does not apply to bicycles, electric scooters, kick bikes or similar, only if you carry the bike on your side while crossing).

Drivers must carry their valid driver licences, international driving permits, car registration documents, and insurance documents at all times while driving.

You cannot make a right turn at a red tra ic light.

The legal blood alcohol level is 0.02%.

It is not permitted to use a car’s horn in towns and villages.

Crossing solid white line is not permitted.

Certain lanes are reserved for public transport, e.g. lanes where the word “BUS” is painted.

On roads where the maximum speed is 50 km/h, a public bus re-entering tra ic or ashing its lights to change lanes has the right of way.

When entering a tra ic circle, cars already in the circle have the right of way.

Vehicles coming from the right have priority unless otherwise regulated.

A warning triangle, re extinguisher and rst aid equipment are obligatory in every car.

The use of phones while driving is permitted with hands-free systems only.

The use of winter tires is allowed from the 15th Oct to 31st Mar and obligatory from 1st Dec to 1st Mar (there are exceptions to this rule if weather conditions change rapidly).

The speed limit varies from 50km/h to 120km/h and it is common to drive at the maximum allowed speed, but exceeding the limit can be punished with a nancial penalty, an arrest or suspension of the right to drive.

Using mobile phones while driving is not permitted.

PAY ATTENTION!

It is a law in Estonia to wear safety re ectors attached whether you are walking or biking during the night-time or when the visibility is inadequate. The re ector can be pinned to your handbag, coat or any other suitable place where it is easily spottable.

Did you know?

According to the survey conducted in 2019 in Estonia, around 68% of drivers had used their mobile phone while driving a car in the last 12 months. 23% of respondents had found themselves in dangerous situations as passengers due to the driver using a mobile phone.

For all emergency services, including police, call 112

1.6.1. Parking

It is required to pay for parking in the centre of large cities. Drivers must pay for parking by a special parking card (parking hours) which can be bought in shops, booths, apartment associations and from employees of parking. For short-time parking, tickets could be bought via mobile parking app or parking machines. Available parking time is indicated on the ticket or receipt. In some cities, parking is free of charge after 18:00 and over the weekends.

Driver’s license

Estonia recognizes driving licences issued in many states. To get an overview of how long and under which conditions the driving licence issued in your home country is valid in Estonia and how to exchange it for an Estonian driving licence, please visit and consult the Estonian Transport Administration transpordiamet.ee/en/foreign-driving-licence

1.6.2. Tra ic insurance

All vehicles must have third party liability insurance issued by a licensed Estonian insurance company or by a local branch of a foreign insurance company.

The insurance must be valid in Estonia, in countries of the European Economic Area (including the European Union), and Switzerland.

The insurance must be valid outside of the European Economic Area in other green card countries.

Kasko Insurance (Car damage insurance)

Kasko insurance compensates damage caused by you. There are di erent types of insurance packages available.

Generally, Kasko Insurance is valid in all European countries.

Kasko Insurance is compulsory for leased cars.

A compulsory third-party liability insurance agreement must be signed right after registering a car! Technical inspection is mandatory for all cars registered with the Estonian Road Administration. PAY ATTENTION!

1.7. YOUR PRIVACY AND DATA PROTECTION

1.7.1. Data protection

In Estonia, each person has the right to control the data about them: personal data cannot be used without permission unless there is a reason for it. There are strict rules regarding the processing of personal data:

Personal data cannot be processed without a legal basis or consent of the individual.

Personal data can only be processed for a speci ed purpose.

You can only collect and process personal data that is strictly necessary for the purpose.

Personal data can be retained only as long as the purpose exists.

Personal data must be kept secure and protected against unauthorised processing or access (including leaks and hacking).

The data controller must show that it respects the above principles, i.e. is accountable.

The person, whose data is processed (the data subject), has extensive rights:

The right to be informed about the processing and the controller.

The right to access their data and get a copy of it.

The right of recti cation of incorrect data.

The right to erasure (so-called “right to be forgotten”).

The right to data portability to another service provider.

The right to object to the processing of data, including for direct marketing purposes.

The right to object to automated processing when it creates legal consequences for the individual.

In all EU Member States, including Estonia, the General Data Protection Regulation (commonly known as GDPR) applies and regulates data protection and processing. This replaces the previous Member State level legal acts, such as the Personal Data Protection Act in Estonia.

In Estonia, the Data Protection Inspectorate (EE: ) is responsible for issues regarding data storage and protection. More information on their website: aki.ee/en

1.7.2. Myths regarding Estonian e-service

Estonia is known for its advanced use of e-solutions/e-services and technologies from ID-cards to digital signatures, prescriptions, and e-voting. However, some there might be some misconceptions regarding technology and its use at rst when arriving in Estonia.

a) There is an institution or person who has access to all the citizen data

The most signi cant fear people have about digitalisation is the threat that someone can control and see all of their information – from salary information to medical records. This threat is also avoided thanks to advanced technology (blockchain; X-Road) and strict regulations. For instance, the regulations provide that an institution is only able to make limited requests to another member: they need to have a mutual agreement upon the access and every data request is logged and cannot be contested. This means that when institutions exchange our data, everything is recorded and saved. You can easily see who accessed your data and what kind of data was being accessed by looking at your logs in the state portal under the data-tracker. Furthermore, searching and accessing your personal data without your consent (or legal basis) is punishable and there have been cases of nes imposed on individuals who (by mistake or purposefully) attempted to breach the regulations.

b) Private companies who provide e-solutions to Estonia can have access to our private information

The Estonian digital society relies strongly on the private-public partnerships and uses blockchain technology on the governmental level. This technology makes it impossible to manipulate the already existing data and access your personal information without being noticed. Furthermore, the state is responsible for data protection and provides all measures to make sure citizen data is appropriately protected. You can read more about the security and safety on e-Estonia website which can be found on the link: e-estonia.com/solutions/cyber-security/ksi-blockchain/

c) Digital governance and E-services means that there is a database where all the citizen data is stored

There is no such database anywhere. All the sensitive data in Estonia has been decentralised by a large number of institutions and databases. To disperse this, Estonia has a decentralised system. Institutions exchange information between each other over the public Internet via a system called X-Road. All data is encrypted and signed, and all of the included parties are strongly identi able.

1.8.

GENERAL OPTIONS FOR GETTING LEGAL HELP

Student law o ice of the Estonian Lawyers Association

Free legal aid is provided at the student law o ice of the Estonian Lawyers Association. Every resident of Tallinn can ask a question by calling 6313002 or 6314466 or send a question to e-mail: ejl@juristideliit.ee. You can also receive advice in English and Russian.

Find out more about the times of student legal counselling on the Estonian Lawyers Association’s website at juristideliit.ee and the Estonian Lawyers Association’s Facebook page.

Foundation Legal Service Bureau

The Foundation Legal Service Bureau provides legal counselling to people with low income in Tallinn, Tartu, Rakvere, and Jõhvi. Prior registration is required. The service is free for the target group, nd out more at otb.ee

Estonian Union for Child Welfare

NGO Estonian Union for Child Welfare (EE: ) provides counselling regarding family law. Counselling takes place in Tallinn. Prior registration is required. Counselling is done in cooperation with the Estonian Bar Association. See more at lastekaitseliit.ee and advokatuur.ee

State legal aid

State legal aid provides legal services to a person at the expense of the state. State legal aid means that an advocate appointed by the Estonian Bar Association shall represent and provide counselling to the person participating in legal proceedings (criminal proceedings, misdemeanour proceedings, civil proceedings, administrative court proceedings, administrative proceedings, enforcement proceedings). More information at riigioigusabi.ee

HUGO.legal

HUGO.legal provides state-funded legal support to people in need and for a ordable prices. See more at hugo.legal

Tallinn Enterprise Board

Tallinn Enterprise Board provides counselling in labour law issues on-site and by e-mail. Questions may involve all areas of labour law, including employment contract, holidays, issues of working and holiday time, as well as working relations amongst the sta . Find out more at tallinn.ee/et/ettevotjale/toooigusnoustamine

Police and Border Guard Board of Estonia

Further options can be found at eesti.ee website under the category “Legal advice”.

2. KNOW YOUR RIGHTS!

Mis õigusega saadud, siis õieti

What is rightly received is rightful

2.1. MAIN THINGS TO KNOW

Discrimination means that a person is treated worse because of his/her gender, age, handicap, faith, belief, sexual orientation, skin colour or nationality. For example, it is discrimination when a restaurant refuses to serve you because of your skin colour or when an employer refuses to hire you because of your religion.

The Equal Treatment Act entered into force in Estonia on 1st Jan 2009 and speci ed eight characteristics, discrimination on the grounds of which is regarded as unlawful. These are nationality (ethnic origin), race, colour, religion or other beliefs, age, disability, sexual orientation and gender. Prohibition of discrimination on most of these grounds is also written in the Estonian constitution.

A. H. Tammsaare Writer

Nothing is impossible as soon as a person starts thinking seriously about it.

This means that discrimination is not allowed in Estonia. In case you feel that you have been discriminated against, you may turn to the Gender Equality and Equal Treatment Commissioner (EE: ) for advice. It is free of charge for you. See more information about the commissioner at the website volinik.ee

Some principles that apply in Estonia

Estonian society respects diversity. This means that many di erent people live in Estonia. They all enrich the Estonian society - they may look di erent, come from di erent cultures, be of di erent age, gender, origin, experience, ability or interests. All people are equally valuable.

Gender equality is very important. Women and men, boys and girls are equal in all walks of life. They have equal rights, obligations, responsibility and opportunities. They have an equal right to make decisions about their lives. For example, nobody needs to ask permission from anyone to go to see a doctor, go out on their own or work. Gender does not limit a person’s opportunities either at home, at school or in work-life.

There are no professions for men or women only. Their fathers can just as well raise children, cooking and cleaning can equally be done by men and women are equally able to manage a business. Employers are expected to pay men and women an equal salary for the same work.

Family responsibilities are equally shared. After a baby is born, it can be both the mother or the father who stays at home and takes care of the baby. Or if children fall ill, it can be both the mother or the father who takes them to see a doctor. Or when the school has a parents’ meeting, both parents are equally suitable for discussing issues with the teacher. Both parents can contribute to home chores – for example, men also cook, do garden work or clean the house, while women can also drive a car or repair the house.

In Estonia, anyone can choose what to wear. The way a person chooses to dress cannot be a reason to act violently or abusively towards them. For example, anyone can wear a short skirt, headscarf or make-up. The outer appearance is anyone’s own business.

People with disabilities are respected. Handicapped people are equal with others – they go to school and work, participate in cultural activities, politics and all other walks of life.

People of di erent ages are part of Estonia’s multifaceted society. All have their rights and obligations. Same applies to young people and children. Children are listened to and their opinion is taken into account. A child has a right to good health, a right to play and to go to school. A loving family and the state guarantee all this.

Older people cannot be treated worse than others. For example, older people can go to work even after the retirement age if they wish to do so. An employer has no right to re them because of it.

Sexual and gender minorities are equal members of the society. A person has the right to choose their partner and this partner can be of the same or di erent gender. No one has the right to abuse or insult others because of their sexual preferences or gender identity.

2.2. GENDER EQUALITY

Article 12 of the Estonian Constitution states that everyone is equal before the law and no one may be discriminated against based on their nationality, race, skin colour, sex, language, origin, religion, political or other views, property or social status, or on other grounds.

The 2004 Gender Equality Act aims to ensure the equal treatment of women and men speci cally, by de ning and prohibiting gender-based discrimination in both the public and private sector, obliging the state and local government authorities, educational and research institutions and employers to promote equality between women and men, while also providing the right to compensation.

Did you know?

The former president of Estonia, Kersti Kaljulaid, is the rst female president of Estonia elected in 2016.

But did you also know?

Universal voting rights for Estonian women were introduced in 1917. It is earlier than in many other countries like the UK, France or the USA.

2.2.1. Sexual orientation

Homosexuality in Estonia is legal. Same-sex marriages performed abroad can be registered in Estonia. The act passed in parliament on 20th of June 2023 establishes that as of 2024 marriages will be able to be contracted in Estonia between two adults regardless of their gender. Same-sex couples can adopt children in Estonia, and it is legal in Estonia to change one’s legal gender and name without sex reassignment surgery. More information could be found on lgbt.ee

2.3.

WHERE TO SEEK FOR ASSISTANCE?

2.3.1. Victim Support

Everyone who has become a victim of negligence or bad treatment, physical, mental, or sexual abuse has the right to contact the Victim Support. Victim support (EE: ) is a free public social service, the purpose of which is to preserve or improve the coping of the victim.

Victim Support sta provides emotional support and information about getting help. They also instruct on and help with interaction with the state and local government institutions and other institutions which provide services required by a victim.

Every person who has experienced su ering or damages is entitled to counselling. This is regardless of whether the person who caused the damage is known and whether criminal proceedings are initiated. Contact a victim support worker if you want to talk about your problem, feel that you need support to solve your problems, or wish to nd a way out of your situation.

The state compensates for expenses of psychological aid to victims of an o ence and their family members when necessary. To nd out more about victim support, go to the Social Insurance Board (EE: ) website sotsiaalkindlustusamet.ee

There is also a victim support helpline 116 006, which provides prompt assistance to people who have fallen victim to an o ence, negligence, or mistreatment or experienced physical, psychological, economic, or sexual violence. The service is free of charge to callers and available 24 hours a day. Helpline callers have the option to remain anonymous. Assistance is provided in Estonian, Russian, and English. From abroad, the Estonian victim support helpline is available at +372 614 7393.

If calling is not possible or if one does not want to discuss their problems by phone, we urge to visit palunabi.ee, where victims can request counsel and assistance via online chat. The online counselling service is also available 24 hours a day and in three languages.

The Commissioner for Gender Equality and Equal Treatment

The Commissioner for Equal Opportunities (EE: in short ) is an independent and impartial o icial who advises and helps anyone who feels they have been discriminated against. In her work, the commissioner is supported by the commissioner’s o ice.

If you suspect that you have been discriminated against gender, age, nationality, skin colour, religion, beliefs, disability, sexual orientation, parenting, family responsibilities, or trade union membership, you are welcome to share your concerns. Please contact the o ice in writing or arrange an appointment.

The Commissioner for Equal Opportunities cannot impose any penalties or determine any compensation.

If you are seeking redress for discrimination, the commissioner will assist you with legal action or referral to the labour dispute committee and the commissioner’s opinion can be used as a valid argument in court. By explaining and promoting, we help raise awareness of the need for equal treatment. We also advise and train employers.

If you feel that you have been discriminated against in employment, education, or other circumstances that you cannot change, you will be advised and assisted by independent and impartial Commissioner for Equal Opportunities. Furthermore, if you are interested in how Estonian society can be even more respectful towards others through your workplace, please contact the Commissioner for Equal Opportunities at volinik.ee

2.3.2. Chancellor of Justice

The Chancellor of Justice (EE: ) is in charge of supervising the implementation of the Constitution of the Republic of Estonia, including its Article 12 prohibiting discrimination. Where the public authority is involved, the Chancellor is entitled to review the case and issue an opinion. If the complaint concerns an employment relationship between private persons, the Chancellor can facilitate mediation proceedings. See more at oiguskantsler.ee

2.3.3. The Labour Inspectorate

If you believe your employer has discriminated against you, you can submit a complaint to the labour dispute committee of the Labour Inspectorate (EE: ). You can also complain to the committee if you believe that you have been discriminated against in the selection procedure. The Labour Inspectorate, which administers the work of the committees, provides legal counselling by phone and mail as well as in a face-to-face meeting. More information could be found on the Labour Inspectorate website: ti.ee

2.3.4. Health Insurance Fund

If you believe that you have been discriminated against in access to medical care or have received insu icient quality medical care on discriminatory grounds, you have four possibilities. First, you may submit the complaint to the institution itself. Second, if the discrimination concerned access to medical care, including the fee and waiting time for medical care, you can submit the complaint to the Estonian Health Insurance Fund (tervisekassa.ee). You can also turn to the Health Board (terviseamet.ee) that is responsible for the medical care and check the compatibility of the actions with the law.

2.3.5. Ministry of Education and Science

If you believe that an education institution has discriminated against you, there are two options, depending on which aspect of the education the complaint concerns or whether the school is state school or municipal school. If the complaint concerns access to education and the quality of standards, then a complaint can be submitted to the Ministry of Education and Science (hm.ee). If the complaint concerns the activities and administration of a particular municipal school or private school, then the complaint can be submitted to the respective local government or if it concerns state school then to the Ministry.

2.3.6. Consumer Protection and Technical Regulatory Authority

If your complaint concerns discrimination in access to goods and services, you can take it to the Consumer Disputes Committee or the Financial Supervision Authority when it concerns banks, insurance companies etc. More information about possible ways of ling complaints on the Consumer Protection and Technical Regulatory Authority website: ttja.ee

2.4. ORGANISATIONS AND SERVICES FOR FURTHER ASSISTANCE

Estonian Human Rights Centre

Estonian Human Rights Centre is an independent non-governmental human rights advocacy organisation. EHRC was founded in December 2009. EHRC has quickly developed to be the most well-known human rights NGO in Estonia. Do you have any information about the violation of human rights in Estonia? Any information helps us plan our activities better and provides information about bottlenecks that we can cover, among other things, in the Annual Human Rights Report and raise during our contacts with State authorities and the media. See more at humanrights.ee

Estonian Refugee Council

The Estonian Refugee Council’s activities can be divided into four broad categories:

Assistance with cultural, social, and labour market integration of refugees;

Raising public awareness on refugee issues in Estonia;

Advocacy work and representation of refugee interests;

Provision of humanitarian aid outside of Estonia.

See more at pagulasabi.ee

Johannes Mihkelson Centre

The Johannes Mihkelson Centre is an NGO based in Tartu, Southern Estonia. The Centre aims to provide more opportunities for marginalised segments of society. Training and social projects (especially related to long-term unemployment), e ective management of changes in trade unions’ and third sectors’ developmental assistance, in general, are in their main focus areas. Read more at jmk.ee

Churches

Several di erent churches and religious organisations are operating in Estonia, which also do community work and may o er various services to those in need. For speci c contacts, see Estonian Council of Churches ekn.ee

2.5. HOW TO SUBMIT A COMPLAINT OR CLAIM

You have the right to complain if you think you have been discriminated against.

Before you make a formal complaint, it is essential to understand what you want to achieve. If your rights have been violated, you are entitled to a remedy, which can take many forms like an apology, compensation, reinstatement etc. Before you decide to complain, it is important to understand which form of remedy you are willing to receive.

Informal complaint

Sometimes it is better to try to resolve the problem informally rst. You can raise the issue with your employer, educational institution, service provider, etc., depending, of course, on where you have experienced the discrimination. This may save the time and costs of legal proceedings. If you have not received any response, or the answer was not satisfactory, you may decide to proceed with a formal complaint.

Formal complaints to state institutions and courts

Sometimes it is better to start with a complaint to the state institutions dealing with discrimination in general or which have control over a particular sector. Various state institutions have the task of overseeing activities in di erent sectors, such as health, education, the provision of goods and services etc.

Compensation of damages

The person who has been discriminated against, whether private or public sector, has the right for compensation through court procedures. In employment, compensation can also be determined by a labour dispute committee of the particular region or in the course of the mediation proceedings facilitated by the Chancellor of Justice.

Criminal sanctions

Discrimination based on nationality, race, colour, sex, language, origin, religion, sexual orientation, political opinion, nancial or social status or genetic risks is punishable under the Penal Code. Punishment can be a ne or detention. Sexual harassment is also punishable under the Penal Code and the complaints must be submitted to the police.

Complaints to international human rights bodies

If you think that Estonian institutions or courts have not remedied the violation of your rights, you should submit a complaint to international and European institutions, such as the European Court of Human Rights or the UN Human Rights Committee.

3. DOMESTIC VIOLENCE AND ABUSE

Kõik ei ole kuld, mis hiilgab

All that glimmers is not gold

Violence is a problem harming human rights, restricting the people’s right to life, freedom, security, dignity, mental and physical integrity and non-discrimination. Violence causes much su ering to the victim and his or her next of kin; violence harms the society (through increased medical expenses, people having lower capacity for work, reduction of people’s quality of life, etc). Studies indicate that violence tends to repeat, and it is di icult to exit a cycle of violence. Children becoming victims or witnesses of violence will more probably encounter violence as adults – either as a victim or a perpetrator of violence.

Did you know?

According to a 2016 population survey, most Estonian inhabitants are aware of intimate partner violence and 95% consider domestic violence a crime.

3.1. PHYSICAL AND PSYCHOLOGICAL ASPECTS

Domestic violence (also called intimate partner violence) encompasses all acts of physical, sexual, psychological or economic violence that occur within the family or domestic unit or between former or current spouses or partners, whether or not the perpetrator shares or has shared the same residence with the victim.

Violence against women is one of the most pervasive human rights violations of our time and a form of discrimination that results in, or is likely to result in, physical, sexual, psychological or economic harm or su ering to women. Violence against women undermines women’s dignity and integrity and imposes serious harms on families, communities and societies.

3.2. LEGAL PROTECTION

Although there is no speci c law on violence against women in Estonia, numerous forms of violence are covered by the Estonian Penal Code. The Penal Code covers physical violence and abuse, female genital mutilation and human tra icking. Rape and sexual assault are also criminalised, including within marriage. Aiding prostitution and pimping is also criminalised, and in the criminal statistics and according to the Victim Support Act, they are considered tra icking-related crimes. Physical sexual harassment is punished by a ne (not criminal act but solved by police). Most of amendments to Penal Code have made for Estonia to be able to ratify of Istanbul Convention (IC), The Council of Europe Convention on preventing and combating violence against women and domestic violence.

The Code of Criminal Procedure

The Code of Criminal Procedure authorises victims of violence, including victims of domestic violence, to apply for civil restraining orders against perpetrators in cases of ‘bodily injury, damage to health, violation of the inviolability of personal life or any other personal rights’. The criminal court may issue a temporary restraining order against persons suspected or accused of committing a crime, and a longer-term restraining order in cases where the perpetrator is convicted. Civil Court may also issue restraining orders if it nds the victim’s application reasonable.

3.3. SEEKING FOR ASSISTANCE AND VICTIM SUPPORT

3.3.1. Support of victims of DV

Social Insurance Board Victim’s Support Unit (SIB VSU), palunabi.ee is the State authority that is organising range of services for various needs of people. One of VSU’s purposes is to organise women’s specialised support services in Estonia, following principles of IC. For that purpose, VSU as state authority has outsourced the service to independent NGO-s. There is one women’s refuge in every county of Estonia, 15 in total. Contacts of each refuge can be found on palunabi.ee

VSU itself is providing 24/7 crisis hotline, number 116 006.

Women’s support services are described in Victim Support Act. The short list of services WSS provides includes:

A safe shelter and a place where to calm down and rest.

A temporary living place if needed.

Help in communication with the authorities (e.g. the police, the social department).

Information about the legal aspects of the problem (e.g. court, divorce, child protection) and legal counselling if possible.

Support in starting a new life.

Possibility to always return to the support centre to discuss the next steps together.

Psychological counselling and crisis support (depending on available funds, can be limited or provided by other means).

Legal counselling (depending on available funds, can be limited or provided by other means).

All support centres have around-the-clock contact telephones; you can also call there if you only need advice and not a temporary place to stay. The arrival in the shelter is only agreed over the phone because the addresses are not public for safety reasons. Women’s centres in bigger cities are serving international women-victims of violence.

Visit Victim’s Support Unit (palunabi.ee) or call 116 006.

See more information under the section “Legal advice” at the website of eesti.ee

3.3.2. Ohvriabi

Ohvriabi is a department of the Social Insurance Board that provides many di erent services and victim support addressing various needs (sotsiaalkindlustusamet.ee). If you have fallen a victim of violence, abuse, human tra icking or if want to get psychological, legal or emotional support, you can visit Ohvriabi (palunabi.ee) or call 116 006 to describe your situation. Also, if you are an abuser and want to get help to break the cycle of violence or get counselling, you can call the phone +372 6606 077

Alternatively, if calling is not possible or if one does not want to discuss their problems by phone, victims can get help from Ohvriabi, which has a dedicated website palunabi.ee. There, victims can request counsel and assistance via online chat. The online counselling service is also available 24 hours a day and in English, Russian and Estonian.

3.3.3. Rape Crisis Centers for victims of sexual assault

There are 4 RCC-s in each central hospital of Estonia – North, South, East, West. Centres provide 24/7 help and counselling. They also provide a medical examination and evidence gathering of the crime if it is agreed with victim. More information about the service can be found at palunabi.ee/seksuaalvagivalla-kriisiabikeskused

3.3.4. Eluliin

Eluliin is an NGO that o ers psychological counselling (crisis assistance: debrie ng groups, psychological rehabilitation and individual counselling) and social counselling for various target groups (victims of human tra icking, people involved in prostitution, addicts, HIV-positive people). It also o ers assistance for international women (who are victims of crimes described above) in Estonia speci cally.

Visit Ohvriabi (palunabi.ee) or call 116 006. For assistance for international women, please call 15333. More information: eluliin.ee

3.4. CHILDREN’S SHELTERS

In Estonia, there are several safety centres (shelters) intended for children needing a temporary home because they are in danger, alone with their problems, and need help and protection. Children’s shelters also involve parents to nd joint solutions.

On child rights and the protection of child rights, please see in more detail the handbook on family and children.

3.4.1. Tallinn Children’s Shelter

Services provided by Tallinn Children’s Shelter:

Rehabilitation service.

Assessing and planning the rehabilitation.

Guiding the rehabilitation plan’s implementation and assessing the results.

Social worker’s services.

Psychologist’s services.

Specialised pedagogue’s services.

For more information: lasteturva.ee and facebook.com/turvakeskus

Children’s shelters in other cities:

Narva Children’s Shelter: narva.ee

Tartu Children’s Center: turvakodu.ee

3.4.2.

Other relevant resources

There are also child-friendly and multi-disciplinary services that are provided in order to help sexually abused children or children suspected of being sexually abused. Children’s houses are located in Tallinn, Tartu and Jõhvi. More information about the services can be found here at: sotsiaalkindlustusamet.ee/en/childrens-house

Vihjeliin

Vihjeliin is a free online service of the Estonian Union for Child Welfare which enables Internet users to provide information about the material being distributed online which depicts illegal content – the sexual abuse or exploitation of minors and child tra icking. Information can be submitted anonymously; your details are not investigated or recorded. For more information, visit vihjeliin.ee

Alkoinfo

The website provides information regarding alcohol and its impact on a person’s health. You will also nd useful advice on how to control your alcohol consumption and how to tackle the addiction with relevant sources of information and support. More at alkoinfo.ee

4. CHILD PROTECTION

A child is a person under 18 years of age and in Estonia, it is believed that children are our future. The way they grow and the way the society supports children has an impact on children’s wellbeing and ability to cope with life in adulthood. Therefore, in Estonia, high stress is put on formal and informal education and child protection (see handbooks on kindergarten and schools but also free time and networking).

4.1. RIGHTS AND DUTIES OF A CHILD

The rule of law is respected in Estonia, which also ensures the legal rights of everyone staying in the country, including children. The state ensures legal protection to those whose rights are violated. Everyone who feels that their rights have been violated can turn to the state for protection and support.

Rights of a child are human rights as stipulated in the UNICEF Convention on the Rights of a Child. These are rights which apply to everyone, irrespective of their age, gender, nationality, parents, religion or other characteristics. Therefore, all children in Estonia, despite the di erences, have equal rights and almost the same amount of rights that adults have! All of them have the right to equal treatment.

However, children also have responsibilities, like adult members of society. A child’s rights end where the rights of another child or adult begin. This means that rights have limits and a child must consider the rights of other children and adults when exercising their rights. In the process of learning and understanding these principles at an early age, the cooperation of parents and educational institutions is crucial.

A child has the right to education, but at the same time his/her duty is to attend school. A child has the right to health protection, but also an obligation to take care of his/her health. A child has the right to express opinion freely, but by exercising one’s right to free speech, the child must respect the rights of other children and adults, above all the right to protect one’s honour and dignity.

There are also the following rights:

The right to life and development.

The right to security.

The right to privacy.

The right to parental care of both parents.

The right to a name and citizenship.

The right to mother tongue and native culture.

The right to have time for play and rest.

The basis for a mutually respectful living environment is mutual respect and being polite. Children should respect adults and other children like adults must respect children and other adults. Mutual respect and consideration of wishes are one of the important premises of society’s coexistence.

The aspect of mutual respects also means that in Estonia, the habit of physical punishment of a child (on educational purposes) is long gone. This applies to all kinds of institutions, from schools to camps and hobby centres. The physical punishment of a child in a family is forbidden, and outside the house, no person has any right to exercise physical violence against a child.

4.2. AGE-RELATED RESTRICTIONS

If the child is below 18 years of age, the following restrictions apply:

Children under 16 years of age cannot be outside without adult supervision

Between 23:00-06:00 from 1st Sept to 31st May

Between 00:00-05:00 from 1st Jun to 31st Aug

Children under 18 years of age cannot buy or possess alcoholic beverages or tobacco products. Their possession or consumption will result in punishment. Owning, using, buying and selling alcohol, tobacco or drugs is prohibited to children and will result in punishment.

In Estonia, the person can be liable for criminal o ence when he or she is at least 14 years old. PAY ATTENTION!

4.3. RIGHTS AND DUTIES OF A PARENT

A parent must raise, care, represent and interact with a child. For instance, the child’s right to protection implies for a parent a duty to look after the child and keep the child safe from any dangers. A parent’s right to help also implies the child a duty to help his or her parents in the family’s shared activities and daily chores. That said, a parent may expect help and involvement by the child, allowing for the child’s age. Let us bear in mind that su icient time must be left for the child to play and rest.

Estonia has rati ed UNICEF´s Convention on the Rights of the Child in 1991. The Convention intends to emphasise that a child is a person and should have the same kinds of rights, duties, interests and needs as an adult.

O ences and crimes against children are punishable by law. In Estonia, relations between children and parents are regulated by the Constitution, the Family Act and Child Protection Act. When a child is involved in any legal actions or investigations initiated, for instance, by the police, it is worthy to check out the dedicated website lapsesobralikmenetlus.just.ee

4.4. SAFETY: SOME TIPS FOR CHILDREN

Please keep in mind the following tips for you and your children’s security and discuss with them the following, from the perspective of the child:

Always tell your parents where you are going and how they can contact you.

Always try to move around with a group of friends at night (in the dark)! If you need to go out or go home alone, think beforehand how you can be safe on the way. Ask your parents to drive you.

Do not get into a stranger’s or casual acquaintance’s car.

Do not go out to meet a casual acquaintance you have met on the Internet. If you decide to go, do not go alone; tell your parents, siblings or friends about this meeting.

If someone o ers you drugs or unknown substances or liquids, refuse.

If you become a victim of bullying, threats or crime (date violence, school violence, cyberbullying etc.) or you know someone who is being bullied, make sure to tell a trustworthy person about it (your parents, siblings, friends, class teacher, psychologist, etc.). Do that even if the one who bullies is your relative or acquaintance.

4.5. HELPING A CHILD

Child protection includes various services that support children’s rights and wellbeing.

In Estonia, child protection is organised by the government, the Child Protection Council, the Ministry of Social A airs, the Social Insurance Board and local governments on the basis of the Child Protection Act. The task of the Ministry of Social A airs is to organise state child protection and formulate policy for children and families.

You can apply for state bene ts and services for families with children through the Social Insurance Board. The Child Protection Department of the Social Insurance Board also o ers support to specialists working with children and organises nationwide prevention and cooperation between di erent elds (social, education, medicine, law enforcement). Local governments organise child protection at the local level and create the necessary conditions to ensure the rights and wellbeing of children in its city or rural municipality.

4.5.1. A child in need of help

A child requires help if his or her sense of security, development and welfare is not ensured. The child’s need for help may stem from a possible abuse (including violence and negligence, i.e. the carelessness), but also his or her social or educational special needs, the family’s coping di iculties, etc.

Activities to help and protect a child include child protection and networking in its widest sense, including social services and bene ts as well as cooperation between the child, his or her family and the network’s members having contact with the child. Help for the child must be guided by his or her individual needs and interests, i.e. being in the best interests of the child.

Please always inform the rural municipality or city government about a child who requires help – if possible, to a child protection worker directly. The contacts of child protection workers are on the websites of all Estonian local municipalities or alternatively, you can call 116 111

4.5.2. A child in danger

A child is in danger if his or her life and health needs protection. The risk to a child’s life and health may arise from the external environment, but also from the actions of others or the child’s own behaviour.

In case of danger, the child’s need for help is so acute that it requires immediate intervention to prevent or end the danger. It may be necessary to take the child quickly to safe conditions to eliminate the danger. If a family endangers the child and there is no other way to eliminate the danger, the child may need to be separated from the family. Suspicion of an o ence against a child (including physical or sexual violence; negligence endangering life and health; etc.) is grounds for initiating a criminal or misdemeanour proceeding.

Please always inform the police (112) AND the local municipality or city government about a child in danger! In Estonia, this is socially and culturally accepted even if the parents or the child are unknown to you (i.e. when you hear something through the wall of your apartment or from your neighbouring apartment). Alternatively, you can call 116111.

4.5.3. Informing about a child in need of help

A child needs help if his or her life, health, sense of security, development or welfare is endangered. By law, everyone is obliged to inform about a child in need of help. Anyone who notices a child in need of help but does not inform anyone can be responsible for that child’s lack of help and protection.

All important things in life are

Specialists working daily with children (teachers, hobby club leaders, trainers, physicians, juvenile police o icers, etc) have more information about the children’s possible need for help and protection, so they have a proportionally higher responsibility to forward such information. But all other people are also obligated to inform about a child in need of help, be they random passers-by, neighbours, relatives, parents of playmates, etc.

simple

Arvo Pärt Composer

You must inform the rural municipality or city government (if possible then a child protection worker directly) and if necessary then the police. Rural municipality and city governments, as well as the police, have the right to process personal data, so you can also inform them about a child’s need for help without the consent of the child and/or his or her legal representative. Furthermore, you can do this anonymously if you wish. The most important here is to let someone know of a child in danger.

Examples of cases where informing is necessary:

The police: “The child wandered in the city at midnight. Said he was afraid to go home because his parents are very angry.”

School: “Physical education teacher noticed blue welts on the child’s lower back.”

Playmate’s parent: “The child dropped a cup to the oor at our place. The cup went to pieces, I startled and turned at her quickly. She raised her arms and cried out: ‘Please don’t hit me!’.”

Neighbour: “There are often sounds of things being thrown, yells and crying heard from the neighbouring apartment in evenings. The family has children, too.”

Physician: “The child has visited me with traumas several times. I doubt the traumas are from his own adventures.”

4.5.4. Contacts

Child protection o icial – there is a child protection o icial (EE: ) or social worker (EE: ) in each county to whom you may turn if you have a problem. Contact information is available at the website of the local municipality of your residence. Most Estonian schools have pupils’ unions (EE: ) which also represent children’s interests and protect their rights at school or support in nding a solution if needed.

Lasteabi.ee – if you have a problem you may call or write, telephone 116111, lasteabi.ee

Estonian Union for Child Welfare (EE: ) – gives advice on who can help you if you have a problem, telephone 6311128 e-mail liit@lastekaitseliit.ee

Children’s Ombudsman (EE: ) should be contacted if a person under the age of 18 has received poor or unfair treatment by an authority and, in your estimation, a violation of her or his rights may be involved. See more below.

If you want to ask the police for advice, you have questions about laws or you have become a victim of abuse or bullying, you can turn to web constables (EE: ). You can write to them in English or Russian, whether at the website of politsei.ee/et/veebipolitseinikud or in major social media channels (in FB, /veebikonstaabel.andero or /veebikonstaabel.3). You can also contact youth police o icers (EE: , whose contacts you’ll nd at the website of politsei.ee).

The NGO Peaasjad o ers psychological support and consultations. The organisation is run by mental health specialists. For more information visit peaasi.ee

Free child helpline 116111

The objective of the child helpline is to allow everyone to report about a child in need of help, forward the information directly to specialists and to o er children and other related people primary social counselling and crisis counselling, if necessary.

The child helpline 116111 awaits around-the-clock calls from children with a problem and also other people of all ages who worry about a child. Your call will be answered by an experienced counsellor who has passed the necessary training. They are ready to listen to you and advise you on how to act. If necessary, the counsellors will forward the information to a child protection worker or the police – no child is left without help!

The helpline 116111 can be called from all over Estonia, using both landlines and mobile phones (connected to any operator active in Estonia). Calls to the helpline are free of charge and answered in Estonian, English and Russian.

Around-the-clock ONLINE counselling is also available through the Child Aid website at lasteabi.ee

Children’s Ombudsman

In Estonia, the Children’s Ombudsman is the Chancellor of Justice of the Republic of Estonia. Children’s Ombudsman’s tasks are related to the protection of the rights of children in their relations with the individuals and authorities that perform public functions, and the advancement of children’s rights. The Children’s Ombudsman’s task is also to ensure that all those who make decisions a ecting children are guided by their best interests and consider the opinions of children. The Children’s Ombudsman helps to make the voices of children heard by decision-makers.

You should contact children’s Ombudsman as a legal representative of a child or by a child if a person under the age of 18 has received poor or unfair treatment by an authority and a violation of their rights may be involved. As a grownup not involved yourself, you can also inform the Children’s Ombudsman if you witness a potential violation of a child’s rights by an authority that performs public functions or if you see any problems with the organisation of our child protection system. The Children’s Ombudsman will endeavour to nd solutions that are best for the child.

The Children’s Ombudsman can be contacted in several ways:

1. On the Chancellor of Justice website oiguskantsler.ee/et/laste-ja-noorte-õigused/

2. E-mail to the address info@oiguskantsler.ee with a title “Avaldus õiguskantslerile” (“Application to the Chancellor of Justice”; also sound or video les are acceptable)

3. By post: Lasteombudsman Õiguskantsleri Kantselei Kohtu 8 15193 TALLINN

4. By calling 693 8404 (advisor of the Chancellor of Justice) or visiting the O ice of the Chancellor of Justice (Kohtu 8, Tallinn). Your visitation time at the O ice of the Chancellor of Justice must be pre-agreed by calling the number above.

4.6. BULLYING

Bullying is when one person makes another person deliberately and repeatedly feel unwell and it is di icult for the su erer to defend himself. The behaviour is repeated or has the potential to be repeated over time. The person who bullies and the person who is bullied are in some way unequal (e.g. stronger, more popular, older) making it di icult for the victim to defend oneself.

Bullying can be visible (physical, verbal) or hidden (exclusion, spreading rumours or cyberbullying), which is more di icult to notice. One clue is a change in the mood or behaviour of a bullied person. Bystanders have a key role in stopping bullying: when they become aware of or see bullying, they must intervene or ask help from an adult.

Bullying can only continue and grow if bystanders approve it or pretend not to notice bullying. When bystanders nd bullying unacceptable, bullying is more complicated. Therefore, to stop bullying, it is important to understand one’s responsibility as a bystander and to stand up for the victim of bullying. Good group relationships and acceptance of di erences are also important in a bullying-free environment. Also, positive relations in family and parents’ exemplary behaviour in con ict situations may decrease the potential that a child is going to be the person who bullies others.

Both persons, the one who is bullied and the one who bully others, may have serious and lasting problems.

4.6.1.

At school

School violence and its prevention are in focus in all Estonian schools and kindergartens. Several programmes to prevent school bullying have been implemented in Estonia, like “Free of bullying” initiative (kiusamisestvabaks.ee) and “KiVa – Bully-free School” (kivaprogram.net). It is emphasised in Estonian schools and kindergartens that any kind of bullying is wrong, but it may still happen that a child becomes a victim of bullying or bullies someone (about 25% of children experience some kind of bullying monthly). Estonian children use smartphones and social media a lot, so parents should also keep in mind the possibility of online bullying between children.

In the case of school bullying, the child or parent should rst contact the child’s class teacher to discuss the problems and try to nd a solution together. If needed, the school’s support specialists can be involved as well as the school psychologist or any other relevant specialist. If the school has no support specialist, you can turn to the local municipalities’ child protection worker or social pedagogue or local Rajaleidja centre in your county (rajaleidja.innove.ee). Rajaleidja centres have properly trained specialists like psychologists and social pedagogues and they consult and support parents, teachers and specialists.

You should also see Targalt Internetis project. The project’s mission is a smarter Internet use by children and their parents and the prevention of the online distribution of child sexual abuse material. More at targaltinternetis.ee

Child Aid lasteabi.ee

Tallinn Child Support Centre lastetugi.ee

Tallinn Family Centre pk.ee

Tartu Child Support Centre tugikeskus.org.ee

Tartu Educational Support Centre tartu.ee/en/department-of-education

Family Centre “Sina ja mina” (“You and Me”) sinamina.ee

Several useful links and information on youth projects, initiatives and services could be found by visiting peaasi.ee or harno.ee

4.6.2. Outside the school

Bullying may also take place outside the school, during free time in clubs, di erent societies, working places etc. As mentioned above, it is important to notice bullying and react. Seek for help from contacts mentioned above, if needed.

4.7. CHILDREN AND BORDERS

Children’s rights on the international scale are regulated by the Convention on the Rights of the Child, EU law and courts (Court of Justice of the European Union, European Court of Human Rights). Below are some useful aspects and information to consider regarding children and borders.

4.7.1. Moving or relocating with children

Several rules apply when moving or relocating with children. By the law in Estonia, a person does not need to have additional documents (authorisations) but if the minor child has limited active capacity, the o icial performing border checks may verify that they have the consent of their parent (legal representative). The parent may express their consent in the form of a signed statement. Border guards from other countries may also ask for additional documents.

A minor foreigner who lacks a legal basis or valid travel document for entering Estonia and who wishes to seek asylum or a residence permit based on temporary protection can be allowed to enter Estonia after submitting to a police institution an asylum request or application for a residence permit based on temporary protection.

In the case of minor children travelling with an accompanying person, it will be veri ed that the accompanying person is their parental caregiver. When travelling out of Estonia, notarised consent from the other parent is be required at the border. However, this may also be required on the border of a transit and/or destination country. Thus, before starting the travel(s), it makes sense to contact a foreign representation of the transit or destination country.

For more detailed information, please visit politsei.ee

Moving children without the consent of the other parent

Parents have joint custody of a child and if the parent represents the child independently, the consent of the other parent is required.

If one parent wishes to prevent the child from being taken to another country and the parents do not reach an agreement, the problem must be resolved in a court of law. Taking a child out of the country without permission from the other parent is not a solution to the problem. In a later court dispute over custody rights, this may not only be grounds for loss of visitation rights but in certain cases, it could mean a legal penalty for the parents.

If a child under the age of 16 has been taken to a foreign country or kept there without the permission of another parent (or a person with custody of the child), this may result in judicial proceedings against the parent on the basis of the International Child Abduction Convention

4.7.2. Legal assistance

If the child has already been taken to a foreign country, contact the Estonian Ministry of Justice (just.ee or via e-mail at central.authority@just.ee). The Ministry of Justice will start by determining the location of the child and assist in nding a peaceable agreement. Attempts will be made to reach an agreement with the other parent on voluntarily bringing the child back or extra-judicial avenues will be explored. If these actions do not produce results, judicial proceedings for the return of the child will be started.

juristaitab.ee/et/rahvusvaheline-lapseroov-0 (in Estonian)

On the EU level

As an EU country, Estonia is a member of the European Judicial Network in civil and commercial matters (EJN). The Network brings together national judicial authorities and aims to simplify and strengthen judicial cooperation between the EU Member States. The Network operates since 2002 and seeks to improve the practical application and implementation of EU civil justice instruments.

More information could be found on the EJN website at ejn-crimjust.europa.eu/ejn

LIST OF REFERENCES

O icial guides and gateways:

Destination Estonia – Relocation Guide: Compilation of practical info for new arrivals in Estonia

workinestonia.com/coming-to-estonia/relocation-guide/ e-Estonia Portal: eesti.ee – gateway to all government information and public e-services.

Settle in Estonia: settleinestonia.ee – Your guide to settling in Estonia

Roadmap for coming to Estonia: euraxess.ee/estonia/information-assistance/entryconditions-and-residence-permits-estonia/roadmap-visas-entry

Visit Estonia: visitestonia.com - gateway to travel and sights in Estonia

Study in Estonia: studyinestonia.ee gateway to higher education in Estonia

Research in Estonia: researchinestonia.eu — information and news about research activities in Estonia.

Found in Estonia: foundinestonia.ee — bi-weekly podcast sharing stories of people who have moved to Estonia.

Ministries and other institutions:

Ministry of Education and Research: hm.ee/en – education, research and Estonian language.

Ministry of Social A airs: sm.ee/en – health care, labour, social services.

Ministry of Culture: kul.ee/en — information about the state’s culture, sports, arts and heritage conservation activities.

Ministry of Justice: just.ee/en – legal and criminal policy of the state.

Ministry of the Interior: siseministeerium.ee/en – citizenship, migration, identi cation documents and internal security.

Ministry of Foreign A airs: vm.ee/en – security, business diplomacy and human rights.

Estonian Ministry of Economic A airs and Communications: mkm.ee — economy, entrepreneurship, business-academic cooperation.

The Integration Foundation: integratsioon.ee/en – information about adaptation in Estonia, adaptation programme Settle in Estonia, Estonian language courses, citizenship and Estonian Language houses etc.

Estonian Institute: estinst.ee/en/ – information about Estonian society and culture.

EURES: eures.ee/en – pan-European network for job-seekers.

Unemployment Fund: tootukassa.ee/eng – o icial website of Eesti Töötukassa, which administers the social insurance provisions related to unemployment, and organises labour market services.

Pension Centre: pensionikeskus.ee- information about the Estonian pension system.

Police and Border Guard Board: politsei.ee/en – legal basis for staying in Estonia, identity documents, citizenship.

Police and Border Guard Board Migration Advisors: politsei.ee/en/migration-consultants – free legal advice by PBGB personal advisors about di erent legal grounds to live in Estonia and the necessary documentation

Emergency contacts: 112 - 24/7 emergency telephone number for ambulance, police and rescue workers.

1247 – State helpline for trustworthy governmental information, state measures on coronavirus, psychological rst aid to all in need.

116 006 – Victim support helpline assistance to people who have fallen victim to an o ence, negligence, or mistreatment or experienced physical, psychological, economic, or sexual violence.

1220 – The Medical Counselling Advice Line o ers medical advice (calling from abroad, dial +372 630 4107). 24/7 in Estonian and Russian, between 15.00-17.00 in English

KEYWORDS

FURTHER READING

Networking, Volunteering and Leisure Time

Volunteering in Estonia

Leisure activities and free time

Family vacation and kids

Making friends and networking

Youth work and hobby education

Lifelong learning

Estonian working environment

Securing a job in Estonia

Salaries, taxes and returns

Working rights and contracts

Skills and language in Estonia

Pension and health insurance

Private and Public Services

Working and Labour Market

Relocation and belongings

Counselling and mentoring

Residence and housing

Identity documents

Transportation

Local media and information

Residence and Citizenship

Education in Estonia

Moving to Estonia

Residence and registration

Naturalisation and citizenship

Estonian migration policy

Kindergartens and childcare

Schools in Estonia

Learning languages

Studying for adults

Vocational education

Family and Children

Kindergarten and Schools

Education in Estonia

Kindergartens and childcare

Schools in Estonia

Learning languages

Studying for adults

Vocational education

Business and Entrepreneurship

Economic and business environment

Entrepreneurship and startups

Setting up a company in Estonia

Legislation, taxation, and accounting

Employer's perspective on staff

Legal aspects and forms for companies

Estonian state and its structure

Political and legal system

Culture, perceptions and habits

Geography

Estonian language

Opportunities for learning Estonian

Higher Education and Research

Estonia: State, Society and Language

Overview of higher education

Academic life and available resources

Networking and support for students

Research in Estonia and its essence

The state of research

Funding framework

Contracting companies: Expat Relocation Estonia OÜ

Design and layout: Richard Kaarna, richardkaarna.com

Printing: Printed at Librix Print powered by wabrix.ee

Responsible publisher: Integration Foundation

Settle in Estonia website: www.settleinestonia.ee

The project is co-funded by the European Union via the European Social Fund and by the Republic of Estonia.

Handbook version: April 2024

© 2024 Integration Foundation. All rights reserved.

Provided the use of the work is not carried out for commercial purposes, it is allowed to use it without the author’s permission as established in Chapter IV of the Copyright Act. The Ministry of Culture points to the fact that pursuant to the Copyright Act, in the case of unlawful use of the work, compensation for the patrimonial or non-patrimonial damage caused and delivery of that which was received may among other things be claimed for.