Estonia – IMM situation

IMM name: Office of the Chancellor of Justice

IMM type: Ombudsperson entity

CRPD ratification date: 30 May 2012

IMM legal framework: The Chancellor of Justice Act

Estonia ratified the CRPD on 30 May 2012. Under the Chancellor of Justice Act, the Chancellor of Justice performs from 1 January 2019, the functions of promoting the implementation, upholding, and monitoring of the Convention. The Chancellor of Justice ensures that all disabled persons can exercise their fundamental rights and freedoms on equal grounds with other persons. The Chancellor of Justice is independent in performing these functions. The Chancellor of Justice involves disabled persons in the performance of the functions, above all, via an advisory body.

The IMM is an Ombudsperson entity and performs the functions of protection and promotion of human rights based on the UN General Assembly Resolution No 48/134 of 20 December 1993, “National institutions for the promotion and protection of human rights.” The Monitoring Framework is at Chancellor of Justice Office, what is dealing with many other equal treatment and human rights issues. However, the Monitoring Framework does not conclude different entities for CRPD monitoring.

The IMM is also mandated with the following functions:

• To promote and monitor the implementation of the Convention on the Rights of Persons with Disabilities, the Chancellor of Justice: improves society’s awareness of the rights of persons with disabilities
• Draws attention to issues related to the implementation of the rights of persons with disabilities
• Makes recommendations for the implementation of and adherence to the Convention; helps persons with disabilities to initiate discussions on topics of importance for them; analyses legislation and draft legislation
• Carries out surveys and draws up reports
• Gathers and analyses statistics on referrals by persons with disabilities; cooperates with Estonian and international authorities and organisations
• To uphold the rights arising from the Convention, the Chancellor of Justice resolves applications concerning the rights of persons with disabilities
• Makes proposals to revise practices that are in conflict with the Convention
• Verifies that laws, regulations, and other legislations of general application are in conformity with the Constitution and other laws and, in the event of a conflict, makes a proposal to the issuer of the act to bring it into compliance with the Constitution and laws
• Submits a request to the Supreme Court to declare the legislation of general application unconstitutional or invalid if the issuer of the act fails to amend the provision that conflicts with the Constitution and laws.
• Promoting the rights of persons with disabilities, including through education, outreach, the media, training, and capacity building: Outreach and the media would be mostly the channels the Independent Monitoring Mechanism is using, while promoting the right through education, etc. The capacity building is largely done by the disability movement itself
• Protecting the rights of persons with disabilities, including by receiving, investigating, and resolving complaints, or by mediating conflicts and monitoring activities and reporting: This work is the most active task of the Independent Monitoring Mechanism, as the number of complaints is steady and the office is answering, mapping the reasons and solutions and facilitates to solving the problems;
• Monitoring the implementation of the CRPD: Chancellor of Justice office is monitoring the CRPD, and also did participate in the process when Estonia presented its implementation report to the UN CRPD Committee.

The IMM undertakes/has undertaken the following activities:

• Developing a plan to monitor the implementation of the CRPD by the State: A multi-annual activity plan has been drafted by the IMM, and the work is conducted based on that plan
• Evaluating policy, legislative and administrative compliance with the CRPD
• Offering legal and policy advice to ensure compliance with the CRPD and other relevant international human rights obligations of the State: offering advice is as well among the tasks, while in a small community, the formal consultations in the legal and policy advice provision often are replaced by direct consultations among officers who are in charge of the tasks
• Initiating or undertaking research studies on the rights of persons with disabilities: Up to date, the IMM has not initiated or conducted research studies; the focus has been on receiving and considering complaints and influencing the decision makers to obtain better results, which are in accordance with the CRPD
• Receiving and considering complaints or reviewing the outcome of complaints received by the NHRI
• Undertaking investigations on the rights of persons with disabilities
• Promoting the rights of women and girls with disabilities in legislation and policies, including in the disability and gender-equality legislation and programmes. The IMM has not focused, in particular, on that strand, but is safeguarding that all forms of discrimination are eliminated, and follow equal treatment principles, including UN CRPD gender-specific requirements, as the Chancellor of Justice is simultaneously also acting as NHRI and children-s ombudsman office
• Focusing monitoring of the rights of women and girls with disabilities and reporting: No separate analysis has been drafted, while the rights of women and girls with disabilities have been highlighted in regular reporting and situation evaluations
• Submitting alternative reports to the CRPD Committee and other relevant human rights treaty bodies or international human rights mechanisms: IMM was contributing to the reporting of CRPD. IMM was backing up and adding information to the OPD-s alternative report and participated in the meeting of UN CRPD committee
• Participating in the preparation of the State party’s periodic reports to the CRPD Committee: IMM was not directly involved in the preparation of the State party´s report but was backing up the process and stayed available for request for information
• Cooperating with other domestic mechanisms, as appropriate, such as the Parliament, the National Preventive Mechanism (NPM), National Human Rights Institutions (NHRI) and Equality Bodies, with the aim to reinforce human rights monitoring and reporting at the national level: This is the main task of the IMM, building understanding and competence, taking up issues is considered very important, and a lot of efforts have been made. Chancellor of Justice is also simultaneously the National Human Rights Institution
• Liaising with the focal point(s) designated within government under Article 33(1) for matters relating to the Convention’s implementation: As the focal point for all issues regarding the rights of people with disabilities, the Commission works with all government ministries and agencies on issues relevant to the Convention's implementation;
• Liaising with National Mechanisms for Reporting and Follow-Up on matters relating to the implementation of the CRPD.

The IMM’s membership is composed of persons with disabilities and representatives of organisations of persons with disabilities. The IMM has established a 37-person advisory body of people with disabilities and representatives of disability organisations. The body has a 4-year mandate and is having meetings at least twice during a calendar year. Furthermore, women with disabilities and their representative organizations participate in the membership and managerial functions of the independent monitoring mechanism. The selection of members to the advisory body is an open process. The call for proposals is circulated and the members are either representatives of disability organisations or persons with disabilities. All candidates are asked to present their background and reasons why they would be interested in the work of the advisory body.

Participation of persons with disabilities in the monitoring process:

The monitoring activities in which persons with disabilities or their representatives’ organizations involve in monitoring of public policies and legislation concerning persons with disabilities. Persons with disabilities attend the decision-making process of the Independent Monitoring Mechanism, they have a voice throughout the deliberations. The IMM is conducting its work, without direct everyday usage of the formal expertise of the disability movement. Its positions are based on discussions with the advisory board and frequent contact with disability organisations, without official voting and consultation procedures, rather via a hands-on approach to gathering relevant feedback. The advisory board has 37 individual members, for a 4-year mandate period. Currently, as the body was called together in 2019, it is still in its first mandate period. The members are not compensated financially for their time and expertise. Only direct costs of attending meetings are covered.

Note: If you wish to rectify or provide more information regarding your IMM, please contact ohchr-CRPDIMM@un.org