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A. UN Convention status
A1. Ratification or conclusion of the UN Convention
The UN Convention was signed by the President of Estonian Republic on the 25 September 2007. The Parliament of Estonia adopted the Act of ratification of the UNCRPD in March 2012. The instrument of ratification was deposited to the Secretary-General of the UN and the official date of ratification is May 30, 2012.
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A2. Ratification or accession to the Optional Protocol
Estonia has endorsed the accession to the Optional Protocol in March 2012. Instrument of ratification was deposited to the Secretary-General of the UN and the official date of accession is 30 May 2012.
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A3. Declarations, Reservations and Objections
The Republic of Estonia interprets Article 12 of the Convention as it does not forbid restriction of a person’s active legal capacity when such need arises from the person’s ability to understand and direct his or her actions. In restricting the rights of persons with restricted active legal capacity the Republic of Estonia acts according to its domestic laws.
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A4. Comprehensive review
A comprehensive review of national legislation within the principles of the Convention was prepared by the Ministry of Social Affairs in order to prepare the Act of ratification. No conflicts between existing national legislation and UNCRPD were detected.
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A5. Focal point
After ratification, the Ministry of Social Affairs became the focal point of the UN Convention. The Ministry of Social Affairs is also responsible for the implementation of the UNCRPD and cooperates with other ministries and the Estonian Chamber of Disabled People.
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A6. Coordination mechanism
After ratification in 2012, the Ministry of Social Affairs (especially Social Welfare Department) has become the coordination mechanism of the UN Convention. It is responsible for the implementation of the UNCRPD and cooperates with other ministries and the Estonian Chamber of Disabled People, which is the national umbrella organisation of persons with disabilities in Estonia.
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A7. Independent mechanism
An independent mechanism pursuant to Article 33.2 of the UNCRPD was established on 1 January 2019 and the tasks are taken over by the Chancellor of Justice. To better perform the tasks, the Chancellor also established a specialised Council on Human Rights in March 2019. In 2012, the Estonian Chamber of Disabled People was given the mandate to form an independent mechanism for promoting, protecting and monitoring tasks. An independent monitoring committee was initiated and the code of practice for monitoring was developed. In 2013, the mandate for coordination of the independent mechanism and for ensuring the performance of its functions according to Article 33.2 of the UNCRPD was issued to the best applicant through a call for applications, however, it remained in development. The enforcement of the Equal Treatment Act is monitored by the Commissioner on Gender Equality and Equal Treatment. For some period this institution was thought to become the independent monitoring mechanism. The respective annual budget for fulfilling the obligations of the independent monitoring mechanism was granted to the Commissioner in 2015. In 2014 a Committee of Protection of the Rights of Disabled Persons was set up within a joint project of the Estonian Human Rights Centre and Praxis (a think-tank). The project was funded by the Ministry of Social Affairs. However, after the end of the project, at the beginning of 2016 the Committee did not proceed anymore.
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- Estonian Chamber of Disabled Persons
- Commissioner on Gender Equality and Equal Treatment
- Equal Treatment Act
- Chancellor of Justice
- Establishing the Committee of the Rights of Persons with Disabilities
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A8. Official reporting
Estonia’s official report on the Implementation of the Convention on the Rights of Persons with Disabilities was submitted in November 2015. In addition, the Estonian National report submitted in accordance with paragraph 5 of the annex to Human Rights Council resolution 16/21 was presented to the 24th session of the Working Group on the Universal Periodic Review of Human Rights Council in January 2016. This report includes references to the implementation of rights of persons with disabilities in Estonia.
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- Link to all UN reporting cycle documentation
- State reports to the UN Committee
- Estonian National report of the annex to Human Rights Council resolution 16/21
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A9. Shadow reporting
In March 2018 the Estonian Chamber of Disabled People published a shadow report.
Civil society and other reports submitted to the 24th session of the Working Group on the Universal Periodic Review of Human Rights Council include some references to developments regarding persons with disabilities in Estonia. In 2014, Statistics Estonia in cooperation with researchers issued a statistical overview on people with disabilities entitled 'Social integration of people with disabilities'.
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- Chapter on Persons with Disabilities in the Annual Report on Human Rights in Estonia 2014-15
- Civil society and other reports submitted to the 24th session of the Working Group on the Universal Periodic Review of Human Rights Council
- Social Integration of People with Disabilities
- Human Rights Centre
- The Estonian Institute of Human Rights
- The Estonian Chamber of Disabled People
- Shadow report
- Annual Report of Chancellor of Justice
- Civil society reports to the UN Committee
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B. General legal framework
B1. Anti-discrimination legislation
The Estonian Constitution provides the general framework for disabled persons, declaring in Section 28 that persons with disabilities shall be under the special care of the state and local governments. The Ministry of Social Affairs of Estonia is responsible for the elaboration of a development plan on protection of the rights of persons with disabilities and ensuring resources at the state level. The Chancellor of Justice resolves discrimination disputes that arise between persons in private law, on the basis of the Constitution and other laws. He also acts as the Ombudsman for Children, and, since 2019, he also monitors the implementation of the UNCPRD in Estonia. The Commissioner of Gender Equality and Equal Treatment is responsible for the application of the principle of equality and equal treatment.
The Equal Treatment Act, which is in 2019 under review, has been restricted to employment, vocational guidance, training and membership in professional organisations. Discrimination on the basis of disability is prohibited upon the establishment of conditions for access to employment, self-employment or occupation, including selection and recruitment criteria and promotions. Discrimination is also prohibited upon entry into employment contracts or contracts for the provision of services, appointment or election to office, establishment of working conditions, giving instructions, remuneration, termination or cancellation of employment contracts or contracts for the provision of services and dismissal from work. Disability must not be a factor in access to vocational guidance, vocational training, advanced vocational training, retraining and practical work experience, as well as with regard to membership in an organisation of employees or employers, including a professional organisation, and the grant of benefits by such organisations. As noted above, employers are also required to provide reasonable accommodation under the conditions provided for in this Act.
The Ministry of Social Affairs is currently preparing changes in the legislation to expand the prohibition on disability-based discrimination to other areas, such as education and access to goods and services.
The implementation of the Equal Treatment Act is monitored by the Gender Equality and Equal Treatment Commissioner, who is an independent and impartial expert. The Commissioner advises members of the public upon filing a complaint regarding discrimination and provides opinions on alleged cases of discrimination on the basis of complaints lodged or on the Commissioner’s own initiative.
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B2. Recognition of legal capacity
Legal capacity is regulated by the General Part of the Civil Code Act in Estonia. The amendments concerning restricted legal capacity entered into force on 1 January 2009. According to the Estonian legislation, if a guardian is appointed by the court to a person who, due to mental illness, mental disability or other mental disorder is permanently unable to understand or direct his or her actions, the person is presumed to have restricted legal capacity. According to the above-mentioned Act, restricted legal capacity is not directly related to disability. When a person has physical disability, it does not automatically mean that he/she has restricted legal capacity. According to the General Part of the Civil Code Act, the basis for restricted legal capacity is only a person’s permanent inability to understand or direct his/her actions, not his/her disability itself.
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B3. Accessibility of voting and elections
At the level of the Riigikogu (Parliament) all citizens have the right to vote according to the Constitution. At the level of local governments all residents have the right to vote. To enhance accessibility to voting, one may also participate in electronic voting. For blind people, the electronic voting website complies with W3C WAI guidelines and JAWS-screen reader. There has always been a possibility to have an elector's voting box delivered to one's home, if a person cannot go to the voting box her/himself. The Constitution of Estonia foresees an exclusion of the right to vote for persons deprived of their legal capacity. Nevertheless, according to the Code of Civil Procedure, a person whose legal capacity was only partially limited by the Court can retain his or her right to vote.
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B4. Official recognition of sign language
In the Language Act of Estonia it is stated that Estonian Sign Language is an independent language and Signed Estonian Language is a mode of the Estonian language. The State is required to promote it alongside the Estonian language. Deaf and hearing impaired persons have the right to communicate in Estonian Sign Language and Signed Estonian shall be ensured by providing translation services at the following agencies: state agencies, local government authorities, at the notaries, bailiffs and sworn translators and their bureaus, cultural autonomy bodies and other agencies, companies, non-profit associations and foundations registered in Estonia.
According to the Social Welfare Act Section 26 subsection 1 local governments establish opportunities to reduce or remove restrictions caused by disability also by translation services. The concept of translation services was elaborated by the Astangu Vocational Rehabilitation Centre in 2016. The provision of services, as well as the trainings for interpreters, are provided with the support of the ESF.
The Estonian Ministry of Education and Research provides the necessary means, modes and formats of communication for study purposes. The Estonian Unemployment Insurance Fund is responsible for providing communication assistance to disabled unemployed persons during job interviews, according to the Labour Market Services and Benefits Act.
In 2017, the PROSign document developed at the European Centre for Modern Languages of the Council of Europe was translated into Estonian. The document establishes European standards for Sign Language proficiency for professional purposes based on the Common European Framework of Reference for Languages (CEFR). This will help plan and guide Sign Language studies and assessment.
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- The Language Act
- Social Welfare Act
- Töötukassa - Estonian Unemployment Insurance Fund
- Labour Market Services and Benefits Act
- Information for persons with reduced ability to hear on Unemployment Insurance Fund (Töötukassa) website
- The Common European Framework of Reference for Languages (in Estonian)
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B5. National disability strategy and action plan
In June 2016, the Government adopted new 'Social Welfare Plan for 2016-2023' that establishes a clear strategy for social policy, including in the disability area. The development plan unites all previous social welfare strategies under one umbrella and aims at receiving high employment rate and long and good quality working life, and improved social inclusion through decreased social inequality, poverty and gender inequality. Special sub-programmes relating to employment and working environment, social protection, social welfare, gender equality and equal opportunities have been established. Special targets to reduce the absolute poverty among disabled people and increase the provision of community care services compared to institutional care.
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- Social security, inclusion and equal opportunities for 2016-2023
- Overview of the present situation
- Development Plan for Special Care for 2014-2020
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C. Accessibility
C1. Transport accessibility
According to the Public Transport Act, disabled children, people with profound disabilities aged 16 and over, persons with severe or profound visual disabilities and persons with guide dogs accompanying such persons are allowed to travel free of charge by public domestic transport: railway, road and waterway services, including commercial lines. A transport development plan for 2014-2020 was adopted together with the action plan. It states that by the provision of transportation services, needs of different social groups (women and men, disabled persons, elderly, children etc.) are taken into account. The Traffic Act enacts specific requirements for people with visual and mobility disability on moving on pavements, also some exclusive rights of disabled drivers with reduced mobility and the drivers who are servicing a person with reduced mobility or a blind person. The Traffic Act allows people with disabilities who have the recognised parking card for disabled persons to park on pavements, park in public fee-paying parking places without charge and in calm traffic areas also in the areas were stopping or parking is limited or restricted (§ 68). The Traffic Act is elaborated on that topic by a regulation of the Minister of Social Affairs. In case of need for social transport (to educational establishment, working place or for public services) the local government has to assess the need and provide the means according to Social Welfare Act. Local government can demand for reimbursement of the social transport services, however, in case of need and no resources to cover for own funding for the service, there is no possibility to deny the services by the local government. For the period 2014-2020, the resources from the European Social Fund will be used to develop and provide the social transport service in the local municipalities.
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- Public Transport Act
- Social transport service
- Social Welfare Act
- Regulation of the Minister of Social Affairs on Parking Card for disabled
- Social transport
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C2. Built environment accessibility
The Social Welfare Act regulates assistance to disabled persons with independent living. This conceptualises state support as seeking to provide equal opportunities and active participation and independence. Among other measures, it includes obligation to provide access to public buildings for disabled persons. Legislation for buildings in Estonia covers also accessibility.
The new Building Code that aims to promote sustainable development and to ensure safety, purposeful functionality and usability of the built environment was adopted on 11 February 2015 and entered into force on 01 July 2015. Paragraph 7 of the Building Code stipulates that buildings should be planned and built according to good practice, following also other relevant legislation. Requirements to buildings are specified in §11 of the Building Code, and they have to take into account also the needs of disabled persons. A decree is currently being developed by the Ministry of Economics and Communication that would give the Minister the right to specify building requirements, however, the Building Code obliges builders, architects and other relevant people to take into account the needs of disabled persons when constructing the buildings. A decree on the quality of road building foresees that roads and pedestrian paths have to be free of barriers limiting the movement of disabled persons as well as have additional elements to help people with hearing, vision or moving impairments to cross the streets. The Monitoring accessibility website is monitoring access to buildings for people with disabilities on a continuing basis.
The project of housing adaptation is funded by the European Regional Fund and aims to adapt a minimum of 2,000 households of persons with special needs. In 2019 several local governments had used less these possibilities than foreseen by the project.
The National Transportation Development Plan 2014-20201 establishes that the principles of universal design shall be used in the development of infrastructure, steadily transitioning to rolling stock suitable for also serving people with reduced mobility, and implementing information systems corresponding to the needs of hearing and visually impaired people.
In April 2015, the Accessibility Council comprising representatives of the DPOs, universities, the Parliament, relevant government agencies, the ministries and other local governments, as well as architects, constructors and designers, was established with the purpose to propose solutions on how to make buildings, transportation, living environment, information etc. accessible to all. The Council will make proposals to improve the accessibility, advise on the elaboration of development plans and other strategic documents regarding issues related to accessibility and promote accessibility and universal design principles.
In May 2018, based on the amended Building Code the requirements for buildings for people with disabilities were established.
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- Building Code
- Social Welfare Act
- Home adjustment project for people with special needs
- Monitoring accessibility website
- The National Transport Development Plan 2013-2020
- Accessibility Council
- Requirements for buildings for people with disabilities
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C3. ICT and Web accessibility
The Electronic Communications Act takes into consideration also the interests of different social groups, including persons with special needs. Estonia has implemented the EU package on electronic communication (Directives Nos. 2009/140/EU and 2009/136/EU) in the Electronic Communications Act which also enhances possibilities for persons with hearing and speaking impairments to contact emergency centres by SMS. The access of disabled persons to information technologies is regulated by the Information Society Development Plan 2006-2013 and Information Society Development Plan for 2014-2020 (updated plan covers strategy up to 2022). Persons with disabilities are one of the high priority groups. One of the goals is to make all public sector websites accessible to people with special needs and help them participate actively in public life. An electronic voting system and a participation website are available for citizens to participate in decision-making processes and take part in public life more actively. Local governments regularly organise training for promoting computer skills and facilitate access to e-services.
The Public Information Act provides that public information is generally free of charge, and that as quick and easy access to information as possible must be ensured for all persons (Civil Service Act, § 4). All Government ministry websites have recently adopted a common visual and technical standard, which complies with the Web Content Accessibility Guidelines (WCAG) 2.0 recommendations, that make content accessible to a wider range of persons with disabilities, including blindness and low vision, deafness and hearing loss, learning disabilities, cognitive limitations, limited movement, speech disabilities, photosensitivity and combinations of these. According to the Interoperability of the State Information System requirements set by the Ministry of Economic Affairs and Communications, all public sector websites must aim to meet the WCAG criteria. People get the communications from the government offices via an all-Estonian service portal (eesti.ee) and can redirect their messages from there to their personalised e-mails or read them online.
Since 2015, an Accessibility Council has been set up by the Ministry of Social Affairs, which consists of 27 members including representatives of the ministries, governmental organisations, disabled people's organisations, universities and non-profit organisations. This helps to fulfil the requirements of accessibility of the UN Convention, including in the web and ICT environment.
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- Electronic Communications Act
- Information Society Development Plan 2020
- Electronic voting
- E-services
- Website of the Government of Estonia (accessibility)
- Participation website
- Web Content Accessibility Guidelines 2.0.
- Accessibility Council
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D. Independent living
D1. Choice of living arrangements
The Social Welfare Act postulates main principles of receiving social welfare assistance, one of which in § 3 states that among the measures provided to a person the preferred ones are aiming at increasing the ability to cope independently. In case of long-term needs and diverse assistance the principle of case management is used in order to secure the cooperation of different institutions. The Act lays the responsibilities to organise the services to ensure independent living to local authorities. To ensure safe environment for independent living the Act outlines provision of the following services: domestic services, general care services at home, support services for a person in need for significant personal assistance in due to social, financial, psychological or health problems, personal assistant service for participation in all areas of life for adults who need physical assistance due to a disability, and other services such as debt counselling, and subsistence assistance. At the state level, for those in need of special care several other services are outlined in the Act which facilitate independent living like continued care services for those leaving alternative care and guardianship to live independently and continue studies; social rehabilitation services; everyday life support services supporting the development of everyday life and work and counselling; employment support service during job-search processes; supported living service promoting the integration of a person together with supervision in everyday life; and community living service mode similar to a family through joint activities.
In order to enable independent living in the community, the Social Welfare Act provides for a number of social services and the duty of local governments to organise the support to disabled people in need of assistance, by provision of social services, payment of social benefits, and provision of other assistance. Local governments may provide additional services necessary for disabled people on the basis of the residents’ justified needs and taking into account the possibilities and specificities of local governments. To find the most suitable measure, the person’s own opinion must be considered.
The state targets to develop services for people with psychological special needs more close to the community and to support the person’s life in his or her usual living environment as long as possible and as independently as possible. Recommendations have been developed to adapt dwellings for people with reduced mobility, visually impaired, hearing impaired people and people with psychological special needs. During 2010-2014 about 70 people on average were advised per year. The low rate of dwelling adaptations (14% in 2011 and 30% in 2013 of homes provided with adaptation plans) stemmed from the lack of budgetary means of local governments. Until 2020, the European Regional Fund supports the adaptation of 2,000 dwellings of people with disabilities according to their individual needs that results in better inclusion of people with disabilities into society and thus improves their independent living and everyday coping.
Separately for working age population, the Work Ability Allowance Act regulates the assistance of those who lost part of their ability to work after introducing the Work Ability Reform in 2016.
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- Social Welfare Act
- General Part of Social Code
- Work Ability Allowance Act
- Special care development plan
- State organised social services
- Social services provided by local governments
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D2. De-institutionalisation
In 2004 the concept of long-term care was elaborated and in 2006 the changes in Law on Social Benefits for Disabled Persons were introduced. The main aim of the latter was to enhance the possibilities for disabled people to be actively integrated in society and social life through increased labour market integration and the provision of social services. Another aim was to develop a universal system of benefits for disabled persons. The concept of long-term care services for people with special needs foresees the reorganisation of big institutions into small family-type entities. De-institutionalisation through the development of community-based services for people with mental disabilities is an Estonian priority during the 2014-2020 period. By modernising the facilities of the institutions providing social welfare services to people with special mental needs in the setting of new modern family homes, the aim is to improve the ability of people with disabilities to live independently, increase their social inclusion and facilitate their employability. People with special mental needs are offered opportunities for a more varied life within the community by providing short- and long-term daily and 24-hour welfare services, help in managing everyday life and support with the aim to increase their employment, and to guide them to live as independently as possible.
Within the period 2014-2020, the European Social Funds will be used to support the development of special care services and thus the services’ system will be revised. The purpose is to develop and re-design special care services system, taking into consideration the needs of persons with psychic special needs and their families, in order to manage the service provision more effectively and flexibly in order to prevent the need for institutions. The government adopted a decision on 11 July 2014 to elaborate a development plan on 'Social security, inclusion and equal opportunities for 2016-2023', which also sets as an aim the de-institutionalisation of special care services and development of the services based on the needs of the service users.
The continuous development of community-based social services, in line with de-institutionalisation principles, promotes the right of disabled persons to independent living and to being part of the community. The new welfare plan has set the objective to increase the number of people using community-based special care services compared to the number of people in institutional care. Estonia is in the process of reforming its special care system by transferring to community-based care. In 2016, a project on the reorganisation of special care services by following service design principles was initiated with the support of the ESF. The project, that is currently in its mid-phase, focuses on the development of supportive measures to enhance the adjustment of people with mental health issues by taking into account the principles of community-based provision, shift towards high-quality, person-oriented and flexible support and assistance by taking into account the changes in people’s capacity and need for assistance over time. The new system should be coherent, support the activation and participation in the labour market of people with mental health issues and their family members, enable to prevent the need for 24-hours care, sustain person-orientation provision and avoid the establishment of institutional culture also in the provision of 24-hours care and services.
In addition to the services development, Estonia is in the process of improving the special care services infrastructure, including living, studying and working conditions. Following de-institutionalisation principles, big 24-hours care institutions with over 30-places will be reorganised throughout 2014-2023. The 1,200 places of 24-hours service that currently operate will be reorganised into smaller units and additional 200 new supporting service places will be created. The basis of this reform is the 'Social Welfare Plan 2016-2023' adopted by the Government in June 2016.
Links
- Special care development plan 2014-2020
- Social Benefits for Disabled Persons Act
- Social Welfare Plan 2016-2023
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D3. Quality of social services
In 2011 and 2012 the Ministry of Social Affairs has prepared recommended guidelines for different social services that are coordinated by local governments. The aim of these guidelines is to improve the quality of services, to support local governments in initiating service provision and to facilitate the delegation of provision of services to the non-governmental sector. The guidelines were mostly based on the amendment of the Social Welfare Act, which sets minimum requirements for social services offered by local governments and makes easier to delegate the provision of services to the third sector.
In 2016, Estonia enforced the new Social Welfare Act that establishes minimum quality requirements to the social services provided by local government. The Act aims to unify the quality of local government social services by establishing service-based minimum requirements, including description of the aim and content of services, the local government obligations in the provision of services and the requirements to service providers. In addition, the new Act clearly enforces the obligation to assess and provide appropriate support and assistance to persons in need. The implementation of this Act was supported by information days and seminars provided for local government officials, service providers and representatives of target groups.
The further improvement of social services quality is guided by the principle, that services must be result-oriented and give the most effective assistance to people in need. Therefore, the improvement of the quality of social services includes the elaboration of voluntary social services implementation guidelines that specify the requirements set out in the legislation and additional trainings and supervision for social workers and service providers. Estonia has started to implement advisory monitoring principles to change the role of monitoring towards being supportive to service providers in their efforts to improve the quality of social services. In order to better prepare the local governments for the ongoing administrative reform, local governments are encouraged for more intense cooperation through ESF funds in order to develop joint provision of services and look for innovative solutions to decrease the care burden and to improve the independent coping and participation in the labour market of people with special needs.
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D4. Provision of assistive devices at home
Children, adults with disabilities or incapacity with at least 40% to work, retired and children with assessed need for assistive devices to cope with everyday life activities are compensated by the state for 50-90% of the cost of the technical aid. The contribution by the state is determined in the Social Welfare Act and regulation of the Minister of Social Affairs No.74 according to the type of technical aid in question. The proportion of the cost contributed by the state is covered only after the individual's own proportion has been paid.
A reform of assistive devices started in 2012. Since 2016, the provision of technical appliances for working age persons was linked with the assessment of the person’s working ability. The technical appliance has to be prescribed by a physiotherapist. Since 2016 the technical appliance service has been centralised. The service is organised by the Social Insurance Board and a nation-wide budget and a waiting list was established which has enabled to eliminate regional differences. The funds are directly linked to the person. The quality of the services has also been raised by describing the lease-service together with quality requirements and quality requirements for enterprises. The further improvements of the technical aids system will include awareness raising and counselling of all involved parties, improvement of the cooperation between Social Insurance Board and enterprises, development of ICT systems to establish the electronic organisation of the service since 2017 and widening the scope of specialists who are entitled to prescribe the certificate for assistive technology (for those who do not have a disability or loss of ability to work family doctors, specialist doctors, activity therapists or physiotherapists can issue the certificate).
Links
- Information on technical aids on the Social Insurance Board website
- Brochure of the list of eligible aids
- Regulation No.74 of the Minister of Social Affairs on terms of technical aids
- Social Welfare Act
- Technical aids
- Electronic application of the card for assistive devices
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D5. Availability of personal assistance schemes
The Social Welfare Act makes specific provision for several personal assistance services, mainly for a support person service or personal assistant. These services are organised by the local authority. The personal assistant service is a social service organised by a local authority with the objective of increasing the independent life and ability of adults who needs physical assistance due to disability to participate in all areas of life, reducing the care burden of their legal curators. A personal assistant shall assist the person in his or her everyday life activities, such as moving about, eating, cooking, clothing, hygiene, housework and other activities in which the person needs guidance or personal assistance.
Support person service is a social service organised by a local authority to support a person with significant personal assistance need in performing their obligations and exercising their rights due to social, financial, psychological or health problems. Personal assistance includes guidance, motivation and development of greater independence and responsibility of a person. Continued care service is a social service organised by a local authority to support those leaving alternative care and guardianship to cope independently and continue studies.
For persons with special intellectual needs there are supporting mechanisms through everyday life support services, employment support services and supported living services and community living services. Everyday life support services are aimed at supporting psycho-social development, the development of everyday life skills and working skills and counselling the family members. Employment support services are intended to supervise and advise a person to work independently and improve the quality of life during a job search process and at employment. During the supported living service the person is supervised in their organisation of everyday life, including the preparation of the budget related to everyday life; assisting in use of the services of dwelling maintenance, use of postal and financial services, in preparation for independent life. Community living service helps to create a mode of life similar to a family and helped by organised accommodation and catering in order to increase the person’s ability to cope independently and to develop the skills of the organisation of everyday life activities through participation in joint activities.
The personal assistance is funded at the local government level to increase independence and social involvement, while lessening the 'burden of care' for family members of a disabled person or elderly who has activity limitations or participation restrictions due to the physical impairment. Local governments assist with hiring personal assistants to help disabled persons or elderly in all life spheres to maintain independent living in familiar surroundings. The provision of personal assistance is delivered to disabled persons or elderly, following an assessment by a local government social worker. It usually covers assisting persons with mobility, self-care or carrying out specific tasks like reading, writing or speaking on behalf of the disabled person or elderly. The disabled person or the elderly and the personal assistant make a contract where the tasks are described, together with the local government who pays the assistant. The disabled person or the elderly may recruit the person who is going to assist him/her, but the decision about whether to provide the service is made by the local government on the basis of the assessment criteria depending on severity of impairment, functional limitation, life activities, the extent to which assistance would make a difference to those activities, and the desired level of assistance compared to average expectation. The local government may decide that the disabled person or the elderly should pay part of the cost of the service out of his own pocket.
Services for people with special psychiatric needs are organised at the state level.
Links
- Social Welfare Act
- Social services provided at state level
- Social services provided local authorities
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D6. Income maintenance
Pension for incapacity to work is paid to people for whom an expert decision has been made regarding their loss of working ability, meaning that the person is not able to earn a decent living. The loss of working ability is either complete (100%) or partial (varying from 10% to 90%). The pension for incapacity for work is paid if the working ability loss is from 40% to 100%. Since 1 July 2016, the incapacity for work pensions is no longer provided. The pensions for incapacity for work were supposed to be paid until the end of the expert decision validity. Starting from 1 January 2017, after initiating the Work Ability Reform, the working ability is assessed and the work ability allowance is paid by the Estonian Unemployment Insurance Board. These allowances are regulated in the Work Ability Allowance Act. An incapacity for work is neither a relevant condition for a person of working age to be entitled to the disability allowance, nor is there any interdependence between the incapacity to work pensions and the social benefits for the disabled. If the working ability has been assessed as partial, a person has to perform certain activity like being employed, seeking for a job, studying, etc. If a person has been assessed as having no working ability, it is not required that this person has to meet the aforementioned activity requirements to receive a working ability allowance.
Benefits for the disabled persons are aimed at increasing their independent living, integration in society and securing equal opportunities. The benefits are regulated by the Social Benefits for Disabled Persons Act and they are additionally paid in case a person has severe or profound disability. Persons with disabilities can also apply for a 'subsistence benefit', if they have financial difficulties. Subsistence benefit is a form of the state assistance which is paid by the local government. In order to alleviate a person's situation, the local government employs both social services and other forms of social assistance, depending on the situation in question. The benefit is paid if all other measures for the alleviation of poverty and difficulty have proven ineffective as regulated by the Social Welfare Act. Persons in the retirement age are entitled for state pension benefits as regulated by the State Pension Insurance Act.
Links
- Pension for incapacity to work
- State Pension Insurance Act
- Information on benefits for disabled people
- Social Welfare Act (subsistence benefit)
- Estonian Unemployment Insurance Board, work ability allowance
- Social Benefits for Disabled Persons Act
- Work Ability Allowance Act
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D7. Additional costs
The provision of disability benefits depends on the age of a disabled person (a child or a person of working or retirement age), the grounds for determination of the severity of impairment and additional expenses. For a child (less than 16 years of age) and a person of retirement age, the degree of severity of disability shall be determined based on the need for personal assistance, guidance and supervision. For a person of working age, the degree of severity of disability shall be determined based on restrictions on participation in daily activity and social life. A degree of disability is determined by individual needs occurred with disability. To assess the degree of disability, several individual criteria such as operational capacity, social environment, living conditions and additional disability related costs are to be taken into account. The extent to which operational capacity may be extended by technical aids or rehabilitation is also considered. People make an application to the Social Insurance Board, describing their needs. For instance, the additional expenses caused by a disability of a person of working age shall be determined by taking into account the needs of a person of working age (medical products, transport, medical devices, special needs for clothing and footwear, need for the compensation of increased household expenses, means of communication) and the extent of his or her functional impairment that is not compensated. An algorithm has been developed to calculate the amount of additional expenses for working age persons. The standard duration of the examination for determining the degree of severity of disability and additional expenses is up to six weeks. If this period is extended, the applicant does not lose the social benefits for disabled persons.
There are several classes of social benefits for disabled persons and they are calculated on the basis of the rate of social benefits for disabled persons. The rate of social benefit in 2017 was EUR 25.57 per month. Disabled child allowance, disability allowance for a person of working age and disability allowance for a person of retirement age shall be paid monthly to a disabled person to compensate for the additional expenses caused by disability, except for activities financed from the health insurance and other state budget funds. The disability allowance for a person of working age shall be paid in accordance with additional expenses, but not less than 65% and not more than 210% of the social benefit rate a month. The disabled child allowance and the disability allowance for a person of retirement age are paid at three different rates depending on the degree of disability. For children with moderate disability, the allowance is 270% of the social benefit rate, and for children with severe and profound disability, it is set at 315%. Since 1 January 2020 the rates are going to be changed according to the Social Benefits for Disabled Persons Act.
To a non-working disabled student who attends upper secondary school in school years 10 to 12 or who attends a vocational school or institution or a higher education institution and who has additional expenses in relation to his or her studies as a result of disability, his or her education disability allowance is paid in an amount varying from 25% to 100% of the social benefit rate. For in-service training, an allowance shall be paid to compensate partially for actual training expenditure in the amount of up to 24 times of the social benefit rate during three calendar years.
Additionally, since 1 January 2018, the loan for studies for a disabled person is taken over by the state. At the same time, caretakers of people with severe disability can have annually additional five vacation days paid at the rate of minimum salary that is EUR 25.61 per day in 2019. Since 1 July 2018, an allowance of disabled child can be paid also to those under guardianship.
Links
- Social Benefits for Disabled Persons Act
- Social Insurance Board for people with disabilities
- Additional alleviations by different enterprises for disabled persons
- Assessment of disability for children, working age and retired persons
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D8. Retirement income
An old-age pension based on the principle of solidarity is paid to permanent residents of Estonia and aliens residing in Estonia on the basis of temporary residence permits or temporary right of residence. Starting from 1 January 2017, the retirement age will gradually increase reaching 65 years by 2026. The old-age pension age increases in correlation with the year of birth.
A person can receive a state pension benefit while working. Disability benefits are also paid additionally to pension benefits if a person has applied for it. If a person has had partial or no work ability as determined by the Work Ability Allowance Act, the requirement for a pension qualifying period is reduced by one year for each three full years during which the person had been deemed to have partial or no work ability. Instead of the old-age pension, for which one needs to have a qualifying working period of at least 15 years, people can also get a survivor's pension (in case the provider is dead) or a national pension (if a person has not enough years for qualifying for an old age pension, but has resided and worked in Estonia for at least five years prior to retirement age).
Since 2010 and up until 1 January 2021, a person can apply for a deferred old-age pension which means an increase of the pension by 0.9% for each month which passed after the person attained the retirement age. For a similar period, persons can also apply for an early retirement pension up to three years before attaining the retirement age and their pension is reduced by 0.4% per month. Since 2027, these types of pension benefits will be replaced by a flexible retirement age, the options for which are related to the years of pensionable service. The old age pensions are granted for life.
Since 1 January 2018, parents, parent's spouse, guardian or foster parent who for at least eight years has raised a child under 18 years of age with a moderate, severe or profound disability can retire five years earlier before attaining the retirement age. Persons who have opted for disability pension since 2003, and those who were assessed to have a permanent incapacity for work together with determination of the degree of severity of disability until 31 December 2016, receive the incapacity for work pension, which can be revoked if the work ability is assessed and the decision made upon that to pay work ability allowance.
Links
- State Pension Insurance Act
- An old-age pension
- State Pension Insurance Act since 1 January 2027
- Work Ability Allowance Act
- Pension indexation and amounts
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E. Education
E1. Special schools
In Estonia, the right of people with special needs to pre-school, basic, secondary and higher education must be guaranteed according to the principle of equal opportunities. According to the Republic of Estonia Education Act (§ 2), one of the objectives of education is to create opportunities for everyone to engage in lifelong learning. People with special needs have the right to inclusive education and the state must guarantee that right. The implementation of the principle of equal opportunities is also one out of five strategic goals of the Estonian Lifelong Learning Strategy 2020 that aims to create learning opportunities to people with special needs so that they can acquire a qualification and maximize their potential in their working life as well as in family life.
The structure of the education system, along with the national standards of education, shall provide opportunities for everyone to move from one level of education to the next (Republic of Estonia Education Act, § 3). Rural municipality and city governments shall provide children with physical disabilities, speech disorders, sensory disabilities or mental disabilities or children who need special support or special care (hereinafter children with special needs) with the opportunity to develop and grow in the preschool institution of their residence (Preschool Child Care Institutions Act, § 6).
According to the Basic Schools and Upper-Secondary Schools Act, the principles of inclusive studies, according to which students with special educational needs study in a regular class of their school of residence, are followed. Students with special needs may study under the individual curriculum drawn up for the student under the conditions provided for in the national curricula or under the simplified national curriculum for basic schools.
The students are also provided with different kind of services to support their studies.
Counselling and instruction from a special education teacher, including speech therapist, social educator and psychologist must be available to students. If the school does not employ any such specialists, these services must be ordered from regional study counselling centres. The state-funded National Agency of Educational Support Services is responsible for: the availability of free career and study guidance services for pupils, teachers and parents; the quality of the services; and the systematic and co-ordinated provision of educational support services at the county level. There are 16 Educational Support Service Centres (Rajaleidja keskused – in Estonian) established at each county level that provide counseling and support to pupils, teachers and parents in organising study for children with special educational needs.
Pursuant to the Basic Schools and Upper Secondary Schools Act, a school aimed at students with special educational needs can be founded and managed for the purpose of improvement of the organisation of the studies of students with special educational needs. The state ensures the establishment and management of schools for visually impaired and hearing impaired students who, in addition to a physical/motor disability, have an additional special educational need, as well as for students with emotional and behavioural disorders, students with moderate, severe and profound learning difficulties, and students in need of special treatment due to behavioural problems. In the school year 2017/2018, there were 39 schools for students with special educational needs (both state and municipal schools) offering elementary and basic education, and secondary schools. Altogether they include 2,895 students at the basic level and 431 at the secondary level. Other students with special needs participate in regular classes.
Links
- Basic Schools and Upper Secondary Schools Act
- Republic of Estonia Education Act
- Estonian Educational Information System
- Special Needs Education Country Data 2012
- Preschool Child Care Institutions Act
- National curriculum for basic schools (in Estonian)
- National curriculum for upper secondary schools (in Estonian)
- Simplified curriculum for basic schools (in Estonian)
- Estonian Lifelong Learning Strategy 2020
- Decree of the Minister of Science and Education No.14 (in Estonian 'Erivajadusega isikute kutseõppeasutuses õppimise tingimused ja kord')
- Support for Students with SEN
- Special educational needs
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E2. Mainstream schools
According to The Constitution of the Republic of Estonia everyone has the right to education and there are no exceptions for people with disabilities. The Republic of Estonia Education Act stipulates that education is compulsory for school-age children to the extent specified by law (until the age of 17 or obtaining basic education) and that applies also to children with disabilities. Under the Republic of Estonia Education Act, the state and local governments have to ensure opportunities to attend school and continuing education. The education system in Estonia is organised in a way that one can easily access the next level of education after graduating. Every child has the right to be educated at a local mainstream school unless it is presumed that the conditions for their schooling cannot be met, in which case they may be admitted to a special school. Parents take the final decision. As a common rule, disabled children study at a mainstream local school or study group, if it is the decision of their parents. If necessary, they study on the basis of individual curriculum and special schools for different types of disabilities exist to support the academic and social development of children in the best possible way. Please refer to Section E1 for more details on organisation of studies of learners with special educational needs, including disabilities.
Links
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E3. Sign language and Braille in school
The Language Act (§ 2 and § 3) gives the Estonian Sign Language an official status. It states that the Estonian Sign Language is an independent language and a form of Estonian. Based on subsection 4, the state shall: enhance the use and development of Estonian, Estonian Sign Language and Estonian Signed Language. The number of people using Sign Language in Estonia is approximately 2,000 and these people may be considered the core of the Deaf community. The community of people using Sign Language in Estonia, in addition to Deaf people, also includes their children who are not Deaf, but whose mother tongue often is, and also some of those who are hard of hearing (the term 'Deaf' is used in a linguistic-cultural sense and not in an audiological sense). Thus the concept includes users of Sign Language of varying hearing status. The total number of people with hearing loss (over 45 dB) in Estonia has been estimated to be about 45,000. According to the Basic and Upper Secondary School Act, schools have to enable access to studies for students with special needs, including students with the need for using Sign Language and relevant technologies. The requirement for local governments to organise appropriate conditions for education of pupils with special needs is regulated by the Republic of Estonia Education Act. The Ministry of Education and Research provides the means, modes and formats of communication that are necessary for studies such as Sign Language, Braille, augmentative and alternative communication, etc. Additionally, in 2011 the Development Plan for Estonian Language 2011-2017 was adopted by the government, and Activity no.10 of this Action Plan stated that the development of Sign Language should be promoted. Among other actions, it foresaw the development of school curricula in Estonian Sign Language and the education of Sign Language translators.
In 2017, the PROSign document developed at the European Centre for Modern Languages of the Council of Europe was translated into Estonian. The document establishes the European standards for Sign Language proficiency for professional purposes based on the Common European Framework of Reference. This will help plan and guide Sign Language studies and assessment.
Links
- Language Act
- Republic of Estonia Education Act
- Basic Schools and Upper Secondary Schools Act
- Development Plan of Estonian Language 2011-2017
- The Common European Framework of Reference for Languages
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E4. Vocational training
In 2014, decree No.14 of the Minister of Education and Research was renewed, which regulates the conditions and procedures for studies in the vocational training system (VET) for people with special needs. The decree enables to organise and adjust studies for people with special educational needs. According to this decree, this can be done by introducing minor changes in the vocational curriculum, developing an individual curriculum or customizing the learning environment (e.g. to make essential facilities accessible to wheelchair users, deaf or blind students). If needed, the training can also be organised for teachers and support personnel. Also, additional staff such as personal assistants, sign language interpreters, etc. can be included in the learning process. In general terms, students with special needs should not be taught in separate groups unless this is deemed necessary and beneficial. Vocational training institutions have to enable the conditions for vocational education in collaboration with the government, local administration or the owner (taking into account the wishes of the students, when appropriate, and the specific opportunities to find work at the labour market). In order to better organise vocational training, the adjustable conditions are agreed with different counterparts. If needed, vocational training may also be provided outside the premises of the vocational institution.
The inclusion of students with special needs in initial vocational training as well as in further training and re-training is one of the priorities within the development process of vocational training under the Vocational Education and Training Programme. The Programme focuses on providing flexible learning pathways and transition of learners with special educational needs from general education to VET and from VET to the labour market.
The state also gives grants for rehabilitation services and training in educational institutions for persons with disabilities, mentioned in the Social Benefits for Disabled Persons Act. The Social Insurance Board is involved in the provision of the rehabilitation plan for disabled people. The Estonian Unemployment Insurance Fund implements work ability reforms and measures to prevent unemployment, including provision of services for people with decreased working ability such as protected employment, support for obtaining qualification, degree study allowances and many other services.
Links
- Social Welfare Act
- Social Benefits for Disabled Persons Act
- Social Insurance Board
- Equal Treatment Act
- Study terms and conditions for students with special needs within vocational education institution
- Estonian Lifelong Learning Strategy 2020
- Vocational Education Programme 2019-2022 (in Estonian)
- Institutions of Professional Higher Education Act
- Vocational Educational Institutions Act
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E5. Higher education
The Higher education programme (under the Estonian Lifelong Learning Strategy 2020) aims to make higher education more accessible to everyone and to include non-traditional learners in the higher education system. It includes measures that will enable the combination of studies, work and family life, taking into account previous studies and work experience, as a significant part of completing the study programme.
The state provides scholarships for students with special needs to support them in the acquisition of a higher education degree. General provisions for scholarships for students with special needs are laid down in the § 7 of Estonian Government regulation 'Conditions and procedure for the provision of higher education scholarships'. Additionally, the Higher Education Act stipulates that the disabled can receive allowances according to the Social Benefits Act for Disabled Persons. Two types of allowances are provided accordingly: 1) education allowance for students who are not working since the last grades of the secondary school to compensate any additional expenses which are related to obtaining education (in the amount of 25% to 100% of the social benefit rate a month); and 2) in-service training allowance which is paid to a working disabled person to partially compensate for actual training expenditure in an amount of up to 24 times of the social benefit rate during three calendar years.
Since 1 January 2018 for people with no work ability and for those who raise children with severe or profound disabilities the study loans are waived and paid by the state.
Links
- Education Act
- Adult Education Act
- Estonian Lifelong Learning Strategy 2020
- Higher Education Programme (in Estonian)
- Universities Act (valid until 31 August 2019)
- Estonian Government regulation 'Conditions and procedure for the provision of higher education scholarships' (In Estonian, in force until 31 August 2019)
- Study Allowances and Study Loans Act
- Higher Education Act (since 01 September 2019, in Estonian)
- Higher Education (Ministry of Research and Education website)
- Study Allowances and Grants (Ministry of Research and Education website)
- Social Benefits Act for Disabled Persons
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F. Employment
F1. Non-discrimination in employment
The Equal Treatment Act was adopted on 23 December 2008 in Estonia. This is the general tool for monitoring any discrimination, including in the sphere of employment. Among other issues it clearly specifies in Section 11 that promoting the integration of disabled persons into the working environment should not be regarded as discrimination against others. Specifically, the Employment Contracts Act, adopted 1 July 2009, regulates the rights concerning the employment of disabled children and their parents. The latter are granted additional childcare leave both with and without payment. According to the Occupational Health and Safety Act Section 10, the employer has to create suitable working and rest conditions for minors and disabled employees.
The Equal Treatment Act prohibits discrimination on the grounds of disability in the area of employment upon: 1) the establishment of conditions for access to employment, to self-employment or to occupation, including selection criteria and recruitment conditions, as well as upon promotion; 2) entry into employment contracts or contracts for the provision of services, appointment or election to office, establishment of working conditions, giving instructions, remuneration, termination or cancellation of employment contracts or contracts for the provision of services, release from office; 3) access to vocational guidance, vocational training, advanced vocational training and retraining, practical work experience; 4) membership in an organisation of employees or employers, including a professional organisation, and grant of benefits by such organisations.
The Act further provides that employers shall provide reasonable accommodation (see also report on Articles 3 and 4) in the workplace. The obligation of all employers to observe the principle of equality is also reiterated in the Employment Contracts Act (§3). Under the Equal Treatment Act (§12), this means that employers must actively promote the principle of equal treatment by taking measures to protect employees from discrimination and informing all employees of the rights and obligations provided for under the Equal Treatment Act.
Links
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F2. Public employment services
Public employment services for disabled persons are regulated by the Labour Market Services and Benefits Act and by fixed term employment programme (in force 2016-2017). According to Labour Market Services and Benefits Act, Section 9 (1) points 10-13 adaptation of premises and equipment; special aids and equipment; communication support at interviews; working with support person are provided to disabled persons only. The provision of national labour market services and the payment of labour market benefits in Estonia is organised by the Estonian Unemployment Insurance Fund (Eesti Töötukassa) through its regional departments, which are located in every county. The employer can also access different benefits when hiring a disabled worker (Social Tax Act, Social Benefits for Disabled Persons Act). From 01 January 2016, labour market services to people with decreased capacity to work are provided based on the Directive no. 57 issued by the Minister of Social Protection and by the Minister of Health and Labour. This directive includes a wider range of services for disabled people than the Labour Market Services and Benefits Act, such as finding a job, employment related trainings and internship, consulting and financial support to start a business, help with job interviews, experience sharing, etc. The employer can also get different services based on this Directive, such as adjustment of the work space, support for paying salary to disabled people, consulting services, etc.
The Labour Market Services and Benefits Act provides services intended for ensuring factual equality of disabled people by eliminating disability-related obstacles to participation in the labour market. Pursuant to the Act, a disabled unemployed person is an unemployed person who suffers from a disability and who has been declared permanently incapacitated for work (see also report on Article 2). Disabled people have equal right to all twenty labour market services provided by the Unemployment Insurance Fund, including some labour market services (working with a support person, adaptation of premises and equipment, free use of special aids and equipment necessary for working and assistance in job interviews) that are especially designed for people with disabilities. A wage subsidy is granted to the employers who employ persons with reduced competitiveness, including disabled people.
In 2012, Estonia launched a major reform of the incapacity for work scheme with the goal of increasing the supply of the workforce, reduce the health risks faced by employees, preserve the working capacity and prevent unemployment as well as raise the competitiveness of the risk groups on the labour market. A target has been set to include 50% of the people with partial work capacity in the labour market by 2021.
Active labour market services that help people with reduced working ability back into the labour market are an important cornerstone of the reform. Existing labour market measures (for example labour market training, career counselling, work practice, coaching for working life, wage subsidy, business start-up subsidy, adaptation of premises and equipment of working place, providing special aids and equipment, communication support at interviews and working with support person) will be made available to work capacity benefit receivers who are looking for work. New measures are designed to respond to the needs of people with reduced work ability: temporary sheltered employment, transportation support, work-related rehabilitation, mobile counselling and experience based.
Links
- Labour Market Services and Benefits Act
- Directive no. 57 issued by the Minister of Social Protection and by the Minister of Health and Labour
- Work Ability Reform - services in Unemployment Insurance Board
- Social Benefits for Disabled Persons Act
- Social Tax Act
- The List of labour market services offered by the Unemployment Insurance Fund (in Estonian)
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F3. Workplace adaptations
The Occupational Health and Safety Act requires the adaptation of workplaces for disabled persons by employers. The Labour Market Services and Benefits Act describes workplace adaptation as one of the services for disabled persons. The Unemployment Insurance Fund (Eesti Töötukassa) offers advice and financial support to employers. Employers may receive compensation for all or a part of the cost incurred for the adjustment. In return, they have to sign with the employee an open-ended employment contract. Should the employment relation end within three years after the intervention, employers have to pay back the support they received. Special equipment needed for a disabled person at the workplace in order to do the job is provided through the Estonian Unemployment Insurance Fund. The Estonian Unemployment Insurance Fund may compensate up to 100% of the cost of the adjustment based on the reasonableness of the expenses for eliminating disability-related workplace barriers.
Consultations (free of charge) regarding the adaptation of the work environment are provided by the Astangu Centre of Disability Related Information and Assistive Technology in cooperation with the Estonian Unemployment Insurance Fund. The Unemployment Insurance Fund partly or fully compensates the cost of workplace adaptations if a disabled person is employed with an employment contract for indefinite term or for a term of at least three years. The cost of adaptation is also compensated for a sole proprietor. The Unemployment Insurance Fund provides technical aids necessary for the performance of work duties free of charge.
Links
- Occupational Health and Safety Act
- Labour Market Services and Benefits Act
- Services for employers - The Estonian Unemployment Insurance Fund
- Assistive work equipment - Unemployment Insurance Board
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F4. Financial incentives
In accordance with the Social Benefits for Disabled Persons Act, a disability allowance may continue to be paid to people with disabilities who have found employment. In this case, it aims to assist them in covering any work-related expenses. Until 1 July 2016, the state or legal persons in public law had to pay a part of social tax for the employees of a company, non-profit association, foundation or sole proprietor who receive pension for incapacity for work on the basis of the Social Tax Act. People were entitled to receive such a pension when the degree of the incapacity for work was determined to be at least 40%. Another exception to the Social Tax Act applies to sole proprietors who are incapable of working. They are not required to meet the minimum obligation of social tax payment if they do not receive any income. Technical aids, expenses for occupational accidents, illnesses and compensation for travel vehicles for an employee whose incapacity for work has been determined of at least 40% or who have a certified disability are exempt from income tax according to the Income Tax Act. On the basis of the Employment Contracts Act, those receiving pensions for incapacity for work have the right to 35 days of holidays per year. The extra days are compensated from the state budget, and therefore do not lead to any additional direct costs for employers. In accordance with the Social Benefits for Disabled Persons Act, a person with a disability who is working may apply for an in-service training allowance.
The work ability reform introduced from 1 July 2016 on established a new assessment of those with reduced capacity to work and according to the Work Ability Allowance Act for working age persons with reduced ability to work the allowance is paid instead of the previous pension for incapacity to work. The aim was to activate people on the labour market to find suitable job.
In addition to the labour market services, a number of other incentives to support disabled people’s employment are in effect:
- in accordance with the Social Benefits for Disabled People Act, payment of disability allowance continues to disabled people who have found employment, to help cover expenses related to their work;
- the state covers part of the cost of the social tax paid for employees who receive a pension for incapacity for work (State Pension Insurance Act);
- another exception to the Social Tax Act applies to sole proprietors who are incapable of working and who are consequently not required to meet the minimum obligation of payment of social tax if they do not receive any income;
- any benefits given by employers in the form of technical aids, expenses for treatment of occupational accidents or illnesses and compensation for use of a personal vehicle for employees whose incapacity for work has been designated as at least 40% or have a certified disability are exempt from income tax;
- persons who receive an incapacity for work pension have the right to 35 days of paid holidays per year instead of the standard 28, and these extra days are paid for from the state budget and therefore do not lead to any additional direct costs for employers;
- in accordance with the Social Benefits for Disabled Persons Act, disabled persons who are employed may also apply for an in-service training allowance;
- the Employment Contracts Act also provides for additional paid and unpaid child care leave for parents of children with disabilities;
- the law also provides the conditions under which an employer is required to enable an employee who has become partially incapacitated for work in the employer’s enterprise as a result of an occupational accident or occupational disease to continue work suitable for him or her in the enterprise (Occupational Health and Safety Act, § 10 (3)).
Links
- Social Benefits for Disabled Persons Act
- Social Tax Act
- Income Tax Act
- Employment Contracts Act
- Work Ability Allowance Act
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G. Statistics and data collection
G1. Official research
Data are mainly delivered by the Social Insurance Board (state benefits for disabled persons and pensions for persons with incapacity to work, as well as the state budget-funded rehabilitation services provided to persons with disabilities and services targeted at persons with mental health needs), the Ministry of Social Affairs (services provided) and the Statistics Estonia (LFS, SILC, etc). Statistics Estonia has published data in the public database that maps the main aspects of social life and brings out the data on disabled persons in all these spheres. Estimations are calculated on the basis of sample survey data according to a self-definition of disability (through survey data) and the official status of disability (applications to the Social Insurance Board). In the Statistical Programme for 2011-2015 a special bulletin dedicated to the integration of disabled persons was published in 2014 under the title 'Social Integration of Disabled Persons'.
In addition to the national statistics collected pursuant to the Official Statistics Act, the Ministry of Social Affairs collects, analyses and publishes regular social welfare statistics. Social welfare statistics collected by the Ministry of Social Affairs is published on the website of the Ministry as S-Web (data submitted by local governments) and H-Web (data submitted by social welfare institutions). The social services data register STAR is an everyday working tool for social workers that also provides statistics on local government social services and benefits. Annual reporting, studies and analyses of the health sector are conducted by the National Institute for Health Development. Monthly overviews of the labour market situation in Estonia, prepared by the Ministry of Social Affairs, are published on the Ministry of Social Affairs website. The labour market services statistics is published on the Unemployment Insurance Fund website. Data about the education students with special needs (except about disabilities and preschool children at home and under childcare services) is collected and published by the Estonian Education Information System EHIS.
In addition to official statistics, regular surveys are conducted about the situation of disabled people and their family members. In 2005, the first 5-year interval survey about disabled people and their family members coping and needs was conducted by the Ministry of Social Affairs. The first survey about the life conditions and needs of families with disabled children was conducted in 2009; a repeated survey was carried out in 2017.
Research articles published by the academic workers of Estonian higher education institutions can be retrieved from the Estonian Research Information System.
Links
- Statistics Estonia 'Social Integration of Disabled Persons' compilation
- The Ministry of Social Affairs – statistics
- Statistical database: Social life
- Ministry of Social Affairs surveys
- Ministry of Social Affairs - social sphere's statistics
- Social services data register STAR
- National Institute for Health Development
- The Ministry of Social Affairs- labour statistics
- The Unemployment Insurance Fund’s statistics
- The Estonian Education Information System -statistics
- The Estonian Research Information System
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G2. Census data
At the end of 2011 Estonia carried out the new Population and Housing Census, which asked also about long-term illness or health problems and the restrictions in one's daily activities, and which relies on the self-definition of a disabled person. Based on the definition of limitations in every-day activities, there were 359,685 disabled persons, i.e. 27.8% of the total population according to 2011 Population and Housing Census. The previous census was carried out in 2000, and the questions asked focused on the restrictions due to health problems of those who had also been recognised administratively as disabled. According to the data, there were over 102,000 people in Estonia who were disabled; 7.8% of the population in 2000. Data on health of population (including the number of residents with a long-term illness or health problem) from the 2011 Population and Housing Census was published in July 2013 on the website of Statistics Estonia. According to the official registration of the disabled by the Social Insurance Board there were 137,000 disabled persons in Estonia, or 10.7% at the beginning of 2013.
Links
- Population and Housing Census 2011
- Population with long-term illness or disability in 2000
- Statistics Estonia
- Population Census
- Social Insurance Board
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G3. Labour Force Survey
The Labour Force Survey introduced the concept of self-definition of long-term illness or disability in its modules in 2002, 2006, 2008, 2009 and 2011. Statistics Estonia has linked survey data to officially registered disabled persons' data and issues additional tables.
Links
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G4. Disability equality indicators
Statistics Estonia has charted the main aspects of social life of disabled persons in a range of spheres from economic activity to free time usage. The project intends to disseminate the data according to a self-definition of disability (through survey data) and the official status of disability in comparison with the total population. As part of the Statistical Programme for 2011-2015, a special bulletin on 'Social Integration of Disabled Persons' was published in 2014.
Statistics about the situation of disabled people is gathered by the Statistics Estonia with the Estonian Social Survey, the Estonian Labour Force Survey, the Working Life Survey and the Household Budget Survey. Data concerning health status, retirement and ageing is gathered with SHARE - Survey on Health, Ageing and Retirement in Europe. In 2014, a large-scale Estonian Health Survey was conducted. Data regarding disabled people (including general statistics, household characteristics, employment, poverty, coping and time use) is available in the special section of Statistics Estonia database. Statistics Estonia prepares regular statistical overviews, keeps a weblog, and annually publishes the Statistical Yearbook of Estonia as well as thematic publications. In December 2014, a collection of articles on the social integration of disabled people was published.
Links
- Data on disabled persons (under Health)
- SHARE survey - Estonia website
- Statistics Estonia database
- The Statistical Yearbook of Estonia for 2014
- Puudega inimeste sotsiaalne lõimumine (Social Integration of Disabled Persons) 2014
- Health surveys at The National Health Development Institute
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H. Awareness and external action
H1. Awareness raising programs
In 2011 the Estonian Chamber of Disabled People initiated a training programme for social work and education professionals to raise the capacity in local governments to deal with the problems faced by disabled people and to offer relevant services. The training programme was funded by the European Social Fund and aimed to train 80 specialists. The Estonian Chamber of Disabled People carried out a training project to form an all-Estonian network of people who would be able to monitor the implementation of UN Convention in practice. The project was called 'Training of contact persons for facilitating the implementation of the UN Convention for Persons with Disabilities'. All contact persons were members of local chambers of people with disabilities.
The Estonian Chamber of Disabled People has consistently conducted seminars to raise awareness among persons with disabilities, their families, friends and specialists, and also seminars on how to monitor the UNCRPD. It provides informational materials for persons with disabilities to increase awareness about the UNCRPD and its links with national legislation. In 2012, a book for kindergarten children was published along with teaching materials for kindergarten teachers to teach about disabilities. In 2013, the Estonian Chamber of Disabled People was focusing on educational films, disability related board-game and teaching materials for primary school. During 2015-2017 the Estonian Chamber of Disabled People was engaged in informing public about the changes what the work ability reform brings to disabled persons. They organised seminars and conferences on autism, on challenges of reading to raise the awareness of social workers, teachers etc.
The Estonian Human Rights Centre has for several years focused on diversity in business and on raising awareness on equal treatment. Tallinn Law School of Tallinn University of Technology in cooperation with the Estonian Human Rights Centre conducted a project Erinevus rikastab (Diversity Enriches) aimed to raise awareness about equal treatment and human rights to help in cases of discrimination and to combat intolerance. Information campaigns, media programmes, articles in nation-wide newspapers, exhibitions, trainings and studies have been organised during the project implementation. The annual campaign week 'Erinevus rikastab nädal' (Diversity Enriches week) has been conducted since 2011, including various awareness-raising events and film festivals promoting the rights of minorities. In 2017 a project 'Valuing diversity and equal treatment in society' initiated which facilitated the functioning of the equal treatment network, strategic litigations, and events related to the Diversity Charter and Diversity Day (celebrated on April 17). The Estonian Institute for Human Rights had a Baltic cooperation project in 2017 for teachers and school leaders on how to teach controversial issues.
The Ministry of Culture and its subordinate authorities are paying increasingly more attention to the topic of disabled people in media. The Estonian National Broadcasting shows daily news in Sign Language. Many reruns have subtitles. Since 2011, the free magazine 'Puutepunktid' (Points of Contact) is published to establish a platform for cooperation among disabled people and their families, specialists and politicians. The TV series 'Meie inimesed' (Our People) and 'Iseolemine' (Being by myself) gather stories of people (including disabled people) living in Estonia. Charity concerts performed by Estonian actors and musicians for the benefit of Maarja Village established for intellectually impaired people are also broadcasted on TV. Every Christmas the one-day-long TV programme 'Jõulutunnel' (Christmas Tunnel) is broadcasted with the aim to gather a targeted fund to support people with special needs.
An annual fair for the disabled 'Invamess' takes place in Tallinn. The expositions of participating organisations encompass learning opportunities, activities of disabled peoples’ associations, assistive technology and medical products, rehabilitation services and other aspects related to disabilities. The information sessions and social worker consultations are open to all visitors.
Links
- Project Diversity Enriches
- The Estonian Chamber for Disabled People
- Baltic Partnership for Human Rights Education
- Estonian Institute for Human Rights
- Estonian Human Rights Centre
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H2. Training for teachers
A training programme for social and educational specialists was initiated in 2011 by the Estonian Chamber of Disabled People. A total of 80 specialists were trained and information materials for educational staff were published. In programmes for teachers at higher education institutions there are some compulsory courses about learners with special needs and about the didactics for pupils with learning problems. There are also specialised programmes for speech therapists that are carried out both at bachelor and masters levels.
Links
- Handbook for specialists in social and education spheres to enhance the integration of disabled people into the society
- Higher education programmes for teachers
- Cooperation in the Network of SEN Children course
- Higher education programmes for teachers (1)
- Higher education programmes for teachers (2)
- Higher education programmes for teachers (3)
- Handbook for teachers ‘Notice and support the child’
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H3. Training for lawyers
The programmes at higher education institutions that deal with the legal framework of social care pay more attention to the needs of disabled people than other programmes by including courses on social security law.
Links
- Higher education programmes for lawyers
- Higher education programmes for lawyers (2)
- Courses on social security law
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H4. Training for doctors
There are some courses and seminars specifically targeting disabled people (e.g. Health promotion for the disabled). In some courses people representing the Estonian Chamber of Disabled People are engaged as teachers. However, the main idea is that each person should be approached according to their needs and requirements and therefore the special needs of a patient are the cornerstone.
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H5. Training for engineers
Engineering specialities are taught at Tallinn Technical University (TalTech). No information is provided on the inclusion of disability issues as part of the training programmes for engineers.
Links
- Tallinn Technical University Department of Engineering
- Curricula of engineering in English in Tallinn Technical University
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H6. International development aid
The main focus of international development aid is on human development through education, human rights with a focus on the children and women, and economic development with a focus on reforms and sustainability. The Strategy for Estonian Development Cooperation and Humanitarian Aid 2016–2020 aims to be in compliance with the main principles set out by the international organisations. Disabled people are mentioned very generally as one of the target groups, related to the Sustainable Development Goals.
Links
- Strategy for Estonian Development Cooperation and Humanitarian Aid 2016–2020
- Basic legislative acts of Estonian development cooperation
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