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.
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.
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.
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.
After ratification, the Ministry of Social Affairs became the focal point of the 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.
After ratification, the Ministry of Social Affairs (especially Social Welfare Department) has become the coordination mechanism of the 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 organization of persons with disabilities in Estonia.
An independent mechanism pursuant to Article 33.2 of the UNCRPD is not officially established yet. In 2012, Estonian Chamber of Disabled People was given the mandate to form an independent mechanism for promoting, protecting and monitoring tasks. Independent monitoring committee was initiated and code of practice for monitoring was developed. In 2013, the mandate for coordination of the independent mechanism and ensuring performance of its functions according to the article 33.2 of the UN CRPD, to promote, protect and monitor the implementation of the Convention, is issued to the best applicant through call for applications. In the context of establishing an independent monitoring mechanism according to Article 33.2 of the UN CRPD, special attention is paid to the need to ensure that civil society, in particular persons with disabilities and their respective organisations are included in the monitoring. The appropriate composition and working arrangements of the monitoring mechanism are still being developed. They cannot be considered final yet and may be changed in the future. Overall constitutional rights are monitored by the Chancellor of Justice. Enforcement of the Equal Treatment Act is monitored by the Commissioner on Gender Equality and Equal Treatment. Preparations to nominate the Gender Equality and Equal Treatment Commissioner as the independent monitoring mechanism started in 2015. The respective annual budget for fulfilling the obligations of the independent monitoring mechanism was granted to the Commissioner. 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, by the beginning of 2016, the Committee’s website is not active anymore.
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.
No shadow report has been produced, since the Convention was ratified on 30 May 2012. However, an annual report on Human Rights in Estonia is published by the Human Rights Centre. It devotes a chapter to the rights of persons with disabilities. Civil society and other reports presented for 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 'Social integration of people with disabilities'.
The Estonian Chamber of Disabled People is planning to prepare the first shadow report in 2018, according to the Chamber. The main reason for not having a monitoring report on how rights of disabled people in Estonia are protected until now is that the Committee of Protection of the Rights of Disabled Persons (that was set up in 2012 but never came into action) has not been legalised – the Committee's main task would be monitoring the rights of disabled people.
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. The Commissioner of Gender Equality and Equal Treatment is responsible for the application of the principle of equality and equal treatment. Equal Treatment Act was adopted on 23 December 2008 in Estonia.
Under the Equal Treatment Act, this is restricted to employment, vocational guidance and training and membership in professional organisations. Discrimination on the basis of disability is prohibited upon the establishment of conditions for access to employment, to self-employment or to occupation, including selection and recruitment criteria and promotions. It 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 and 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 discrimination due to disability to other areas, such as education and access to goods and services.
Implementation of the 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.
Legal capacity of a natural person is regulated by the General Part of the Civil Code Act in Estonia. The amendments concerning restricted active legal capacity entered into force from 1 January 2009. According to Estonian legislation, if a guardian is appointed by a 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 active legal capacity to the extent in which a guardian has been appointed to him or her. According to the above mentioned Act, restricted active legal capacity is not directly related to disability. When a person has physical disability, it does not automatically mean that he/she has restricted active legal capacity. According to General Part of the Civil Code Act the basis for restricted active legal capacity is only a person’s permanent inability to understand or direct his/her actions, not his/her disability itself.
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 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 would only be partially limited by the Court could still retain his or her right to vote.
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. The deaf and hearing impaired persons have the right to communicate in Estonian sign language and signed Estonian shall be ensured by providing translation services pursuant to the provisions of the legislation 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 Social Welfare Act section 26 subsection 1 local governments establish opportunities to reduce or remove restrictions caused by the 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 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 will be 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.
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.
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 its action plan. It also 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 transport. In the period 2014-2020 resources from the European Social Fund will be used to develop and provide the social transport service in the local municipalities.
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 coping of persons with special needs in home environment is supported by the physical adaption of housing. The Estonian Ministry of Social Affairs in cooperation with the Astangu Vocational Rehabilitation Centre are working on a project from spring 2016, which aims to increase the independence of persons with special needs by adapting their home environment. The project is funded by the European Regional Fund resources and aims to adapt minimum 2,000 households of persons with special needs.
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 of representatives of DPOs, architects, constructors, designers, parliament, universities, other ministries, relevant government agencies and local governments 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, advice on the elaboration of development plans and other strategic documents regarding issues related to accessibility and promote accessibility and universal design principles.
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 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 prescribed in the Information Society Development Plan 2006-2013 and Information Society Development Plan for 2014-2020. One of the groups given high priority is persons with disabilities. One of the goals and principles 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, photo-sensitivity 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.
Since 2015 an accessibility council has been set up by the Ministry of Social Affairs, which consists of 27 members (representatives of the ministries, governemental organisations, organisations of disabled people, universities and non-profit organisations). This helps to fulfill the requirements of accessibility of the UN Convention, including in the web and ICT enironment.
The Social Welfare Act regulates assistance to disabled persons with independent living in Section 26. This conceptualises state support as seeking to provide equal opportunities and active participation and independence. It includes provision for the development of treatment, education, rehabilitation, vocational training, adapted employment, transport, access to public buildings, personal assistance, guardianship, social services and benefits.
Several other Acts and laws have provisions that facilitate independent living. In 2006 the situation was evaluated from the viewpoint of those with special psychiatric needs, and a plan (Reorganisation plan of services for people with special needs) was elaborated for 2006-2021. The main principles of providing services for independent living for people with special psychiatric needs were elaborated, with extensive recommendations and conclusions about service principles (reorientation from fortnightly services towards supported living services with a shift to family-type housing and construction of activity housing for local supported living services), quality and management.
As it is also described in the Strategy of the Ministry of Social Affairs for 2012-2015, the number of users of community-based services is increasing and our welfare support is based on the principle that persons should be supported as long as possible in their home environment to postpone or avoid institutionalising. The Development Plan on special care services for 2014-2020 was elaborated, which focuses on key principles of deinstitutionalisation and sets out the main implementing measures and documents, together with a time frame for their adoption. This document will be incorporated to the 'Social security, inclusion and equal opportunities for 2016-2023' development plan.
For the purposes of the implementation of the Special Care and Welfare Development Plan, the Structural Funds of the European Union will be used in 2014–2023 budget period to reorganise the special care and welfare infrastructure and improve the availability and quality of the services. By including the Structural Funds of the European Union, Estonia has also taken the objective and commitment to observe the principles, laid down in the UN Convention on the Rights of Persons with Disabilities for the purposes of development of special care and welfare and the principles for transition from institutional to community-based care.
The Development Plan also includes a future vision – the goal of re-organising service provision in institutions with more than 30 residents and developing new community-based, individually focused and high quality support services.
In September 2015 a new regulation on the reorganisation of institutions was adopted by the Ministry of Social Affairs. Reception and evaluation of reorganisation projects will be presented and evaluated during 2016. According to that, the plan is to impact at least 1,200 residents who live in large institutions and create 200 new supported living and community living places according to the deinstitutionalisation principles.
The Estonian Ministry of Social Affairs in cooperation with the Astangu Vocational Rehabilitation Centre are conducting a project from spring 2016, which aims to increase the independence of the persons with special needs by adapting their environment. The project is funded by the European Regional Fund resources and aims to adapt minimum 2,000 households of persons with special needs.
In order to enable independent living in a community and ensure disabled people to cope, the Social Welfare Act provides for a number of social services and the duty of local governments to organise the coping of disabled people in need of assistance, by provision of social services, payment of social benefits, and provision of other assistance. The Local Government Organisation Act (§6(1)) sets out the local government duties in the social welfare sector (i.e. to organise social assistance and social services). In order to ensure as independent life as possible for disabled people, a number of social services (social counselling, home service, personal assistant service, support person service, dwelling adaptation service, sign language interpretation service and social transportation) are offered. Local governments may provide additional services necessary for disabled people’s coping on the basis of the residents’ justified needs and taking into account the possibilities and specifics of local governments. To find the most suitable measure, the person’s own opinion must be heard.
The state is oriented to develop services for people with psychological special needs more close to the community and to support the person’s coping in his or her usual living environment as long as possible and as independently as possible. In 2008 the Centre of Disability Information and Assistive Technology launched an advisory service for adaptation of living environments and preparation of dwelling adaptation plans. Recommendations have been developed to adapt dwellings for people with reduced mobility, visually impaired, hearing impaired people and people with psychological special needs. By now, 70 people on average have been advised per year. The low rate of dwelling adaptations (14% in 2011 and 30% in 2013 of homes provided with adaptation plans) stems from the lack of budgetary means of local governments. Until 2020, the European Regional Fund supports the adaptation of 2000 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.
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 more actively integrated in society and social life through increased labour market integration and the provision of social services. Another aim was to develop a more integrated and 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 next ERDF 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 richer and more varied life within the community by providing short- and long-term daily and round the clock 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 using service design. The purpose of this is to develop and re-design special care services and 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. The new services model will be piloted during 2017-2018.
In addition to the services development, Estonia is in the process of improving the special care services infrastructure, i.e. living, studying and working conditions. Following de-institutionalisation principles, big (over 30-places) 24-hours care institutions 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.
In 2011 and 2012 the Ministry of Social Affairs has prepared recommended guidelines for different social services that are coordinated by the 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 are based mostly on the draft 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 direct implementation of the new Act was supported by information days and seminars 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 being encouraged for more intense cooperation through ESF resources that are used 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.
Children, adults with disabilities or incapacity to work at least 40% and elderly people with coping problems with everyday life activities who require prosthetics, orthopaedic devices and other technical aids 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.79 (according to the type of technical aid in question). In making this payment, the proportion of the cost contributed by the state is only covered once the individual's own proportion has been paid.
A reform of assistive devices has been started in 2012. The biggest challenge is to arrange the procedure and financial scheme. Among other changes, the base concept of registration and rental of assistive devices will be prepared.
Since 2016, the provision of technical appliances has been linked with the assessment of the person’s working capacity. The technical appliance granted by an expert with right competence (family practitioner, medical specialist, rehabilitation team) guarantees that the technical appliance corresponds to person’s needs and supports person’s coping. Since 2016, the technical appliance service is centralised. The service is organised by the Social Insurance Board and a nation-wide budget and a waiting list were established which has enabled to eliminate differences between counties. The contracts with enterprises on amounts of services were abolished and instead, the finances are directly linked to the person. Also, the quality of the services has 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 in 2017 and widening the scope of specialists who are entitled to prescribe the certificate for assistive technology.
The Social Welfare Act (subdivision 5) makes specific provision to 'appoint a support person or personal assistant, if necessary'. 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. Special requirements for the local governments in providing the service and requirements for persons directly providing services are established by the Social Welfare Act.
The personal assistance is funded at the local government level with the aim to increasing 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 (e.g. based 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. The Minister of Social Affairs and Minister of Science and Education provide for various services (Regulation No. 61 is for domestic help, and Regulation No. 25 for training and attainment of education).
Persons of working age (between the age of 16 and the pension age) who have lost capacity to work may receive a pension for incapacity for work. Persons of working age who are declared permanently incapacitated for work with 40 to 100% loss of capacity for work, have the right to receive a pension for incapacity for work, the amount of which depends on a qualifying period and the date of the onset of the permanent incapacity. If the reason for the permanent incapacity for work is a work injury or an occupational disease, the pension for incapacity for work shall be granted with no requirement for length of service. Also, there is no requirement for a pension qualifying period, if a person has been retroactively determined permanently disabled before he or she attained 16 years of age, and the cause of permanent incapacity for work is the same illness or injury that caused the identified disability in childhood, and also if a person has not previously applied for incapacity for work pension due to other reasons resulting from illness or injury. 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 pensions of incapacity to work and the social benefits for disabled. 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.
Depending on the age of a disabled person (child, person of working age or retirement age) the grounds for determination of the severity of impairment and additional expenses are applied. For a child (less than 16 years of age) and a person of pensionable 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. For assessment of 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 expertise also considers the extent to which operational capacity may be extended by technical aids or rehabilitation. 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 6 weeks. If this period is extended, the applicant does not lose 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 2016 is 25.57 euro 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 the 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 the additional expenses, but not less than 65% and not more than 210% of the social benefit rate a month. Disabled child allowance and disability allowance for a person of retirement age is paid at three different rates depending on the degree of disability.
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. They have to have attained 63 years of age and their pension qualifying period earned in Estonia has to be 15 years in order to have the right to receive old-age pension. On 7 April 2010, the Riigikogu (Estonian Parliament) adopted the Act to amend the State Pension Insurance Act and the related acts, providing the general pension age of 65 years old; for people born between 1954-1960 there will be a transition period from 2017. An old-age pension consists of three parts: the base amount (153.30 euros per month from 1 April 2016); a part calculated on the basis of years of pensionable service, the amount of which equals the number of years of pensionable service multiplied by the value of a year of pensionable service; an insurance part, the amount of which equals the sum of the insurance components of an insured person multiplied by the value of a year of pensionable service (starting from 1999, when insurance became personalised). From 1 April 2016, the value of a year of pensionable service is 5,514 euro.
In Estonia, the right of people with special needs to the 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. From the perspective of lifelong learning the aim is 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 their 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 usually study in an ordinary 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 made 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 sixteen 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 foundation 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. As of 2016, there are 32 schools for students with special educational needs (including both state and municipal 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 judged 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 regular (local) school and study group, if it is the wish 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 the 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.
The Language Act (Chapter 2, § 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; the state shall (based on subsection 4) 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 it 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 (Section 7), schools have to enable access to studies for students with special needs, among them with the need for using sign language and relevant technologies. According to the Republic of Estonia Education Act, local governments have to organise appropriate conditions for the education of pupils with special needs. The Ministry of Education and Research provides the means, modes and formats of communication that are necessary for studies (e.g. 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 foresees 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 will be translated into Estonian. The document establishes 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.
In 2014, a decree No.11 by the Minister of Education and Research has been renewed, which regulates the conditions and procedures for studies in vocational training system (VET) for people with special needs. The decree enables to organise and adjust studies for people with special educational needs. It could be done by introducing minor changes in vocational curriculum, composing an individual curriculum or customizing learning environment (e.g. to make essential facilities accessible to wheelchair users, deaf or blind students). If needed, the training should also be organised for teachers and support personnel. Also, additional staff (e.g. personal assistants, sign language interpreters, etc.) could be included in the learning process. In general terms, students with special needs should not be taught in separate groups unless necessary and beneficial. Vocational educational institutions have to enable the conditions for vocational education, in collaboration with the government, local government 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 education 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 Programme. The developments will be focused on the flexible learning pathways and transitions 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.
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, and the taking into account of 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 higher education. General stipulations 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'. The amount of the scholarship for students with special needs depends on the degree of severity and type of the disability and varies between EUR 60 and EUR 510 per month. In addition, students with disabilities are eligible to receive an extra support for mobility. As in other EU countries, Erasmus+ program pays attention to guidance, reception, physical accessibility, pedagogical and technical support services, and financing the extra costs to ensure that a person whose disability is such that his/her participation in mobility would not be possible without extra financial support.
Besides scholarships there are also preferences in the Universities Act to support the acquisition of higher education by students with disabilities. According to § 13 higher education institutions may establish different admission requirements for students with disabilities. Also the higher education institution is not entitled to the reimbursement of study costs from a student who has not complied with the requirements concerning full-time studies if he or she is a person with a moderate, severe or profound disability. They are also entitled to complete the curriculum during the period of academic leave, which for traditional students is not allowed. The goal of these provisions is to make possibilities for engaging everyone, including students with disabilities, in continuous learning.
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 child care leave both with pay 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 provide reasonable accommodation (see also report on Articles 3 and 4) in workplaces. 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.
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), the services 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. Also the employer can 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 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 specially designed for people with disabilities. Wage subsidy is granted to the employers who employ persons with reduced competitiveness, including disabled people.
In 2012 Estonia launched a major reform of incapacity for work scheme with the objectives to increase the supply of workforce, reduce the health risks faced by employees, preserve working capacity and prevent unemployment as well as raise the competitiveness of the risk groups on labour markets. The 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.
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 have 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 adaptation of 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 adaptation 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.
In accordance with the Social Benefits for Disabled Persons Act, 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. The state or legal persons in public law shall 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 are entitled to receive such a pension when the degree of the incapacity for work is determined 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 payment of social tax 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 designated as at least 40% or have a certified disability are exempt for 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. Depending on the decision of the Pension Board, the allowance is paid to either a person with disability or the training provider.
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)).
Data is 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). The Statistics Estonia has published a project 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 self-definition of disability (through survey data) and official status of disability (applications to the Social Insurance Board). In the Statistical Programme for 2011-2015 a special bulletin dedicated to integration of disabled persons was foreseen and 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 (the next survey is due in 2019) about disabled people’s and their family members coping and needs was conducted by the Ministry of Social Affairs. The first survey about the coping and needs of families with disabled children was conducted in 2009 with a repeat survey planned for 2017.
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 in 2000 and it asked the restrictions due to the 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 will be 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.
The Labour Force Survey introduced the concept of self-definition of long-term illness or disability in its modules in 2002, 2006, 2008 and 2009. Statistics Estonia has linked survey data to officially registered disabled persons' data and issues additional tables.
Statistics Estonia has launched a project to chart the main aspects of social life and to bring out the data on disabled persons in a range of spheres from economic activity to free time usage (the web site was not yet available at the time of writing). The project intends to disseminate the data according to self-definition (through survey data) and official status of disability in comparison with the total population. As a part of the Statistical Programme for 2011-2015 a special bulletin '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 aging is gathered with the SHARE (Survey on Health, Ageing and Retirement in Europe) survey. 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 social integration of disabled people was published.
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 better 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 has 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 of the 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 issues 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 is focusing on educational films, disability related board-game and teaching materials for primary school.
These activities and more are carried out as a part of a wider project, coordinated by The Estonian Human Rights Centre. The EU funded project has continued for four years and this year it focuses 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 conducts a project Erinevus rikastab (Diversity Enriches) aimed to raise awareness about equal treatment and human rights, to notice and seek help in cases of discrimination and to combat intolerance. Information campaigns, media programmes, articles in nationwide newspapers, exhibitions, trainings and studies have been organised during the project. The annual campaign week Erinevus rikastab nädal (Diversity Enriches week) has been conducted since 2011, including various awareness-raising events and film festivals on the topic of the rights of minorities.
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 being published in order to establish a platform for cooperation among disabled people and their families, specialists and politicians. The TV series Meie inimesed (Our People) gathers 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 published 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. Information sessions and social worker consultations are organised to all visitors.
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.
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.
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.
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.


66-128. Valuation of property for rate-making purposes by commission; construction work in progress. (a) The state corporation commission shall determine the reasonable value of all or whatever fraction or percentage of the property of any common carrier or public utility governed by the provisions of this act which property is used and required to be used in its services to the public within the state of Kansas, whenever the commission deems the ascertainment of such value necessary in order to enable the commission to fix fair and reasonable rates, joint rates, tolls and charges. In making such valuations the commission may avail itself of any reports, records or other things available to the commission in the office of any national, state or municipal officer or board.
(b) (1) For the purposes of this act, except as provided by subsection (b)(2), property of any public utility which has not been completed and dedicated to commercial service shall not be deemed to be used and required to be used in the public utility's service to the public.
(2) Any public utility property described in subsection (b)(1) shall be deemed to be completed and dedicated to commercial service if: (A) Construction of the property will be commenced and completed in one year or less; (B) the property is an electric generation facility that converts wind, solar, biomass, landfill gas or any other renewable source of energy; (C) the property is an electric generation facility or addition to an electric generation facility; or (D) the property is an electric transmission line, including all towers, poles and other necessary appurtenances to such lines, which will be connected to an electric generation facility.
(3) Nothing in this subsection (b) shall be construed to preclude the state corporation commission, either on the commission's initiation of a docket or in a utility rate proceeding, from reviewing whether expenditures for public utility property were efficient and prudent.
(c) As used in this section, "electric transmission line" means any line or extension of a line with an operating voltage of 34.5 kilovolts or more which is at least five miles in length and which is used or to be used for the bulk transfer of electricity.
History: L. 1911, ch. 238, § 28; R.S. 1923, 66-128; L. 1978, ch. 266, § 1; L. 1984, ch. 247, § 1; L. 1995, ch. 264, § 1; L. 2001, ch. 207, § 1; L. 2004, ch. 120, § 6; L. 2007, ch. 117, § 1; L. 2008, ch. 174, § 3; July 1.


Before WRIGHT, REAVLEY** and KLEINFELD, Circuit Judges.
The district court's May 29, 1992 judgment reflected that court's prior judgment as a matter of law and summary judgment in favor of appellee Norwest Bank Kalispell, N.A. (Norwest) on its counterclaim and third party claim on the notes and guaranties in issue. The judgment also incorporated the jury verdict in favor of appellants John W. Martin Construction Company, Kalispell Feed and Grain, Inc., and John and Patricia Martin on their claims against Norwest for constructive fraud and negligent misrepresentation. Norwest appealed this judgment. In the first appeal, we concluded that the district court should have granted Norwest's motion for judgment as a matter of law on the negligent misrepresentation and constructive fraud claims tried to the jury. We remanded the case "for entry of judgment for [Norwest] consistent with our opinion." John W. Martin Constr. Co. v. Norwest Bank Kalispell, N.A., No. 92-36713, at 9 (9th Cir. March 11, 1994).
Upon remand, the district court entered a second judgment consistent with our holding that appellants could not recover on their affirmative claims. Appellants now argue, as they did below for the first time after remand, that Montana's "one action" statute, Mont.Code Ann. § 71-1-222, bars the recovery of money judgments against them. In the district court appellants filed a motion to declare the May 1992 judgment "void" based on the Montana statute, and to dismiss Norwest's remaining claims for money judgments. Appellants argued to the district court that Norwest, by failing to pursue its remedy of foreclosure, was barred from recovering money judgments under the statute.
The district court did not err in entering the second judgment, awarding a money judgment in favor of Norwest for the full amounts outstanding on the notes and guaranties. Our mandate in the first appeal was limited to directing the district court to enter judgment in favor of Norwest on appellants' affirmative claims. On remand, the court should only consider "matters left open by the mandate of this court." Waggoner v. Dallaire, 767 F.2d 589, 593 (9th Cir. 1985) (quoting Quern v. Jordan, 440 U.S. 332, 347 n. 18 (1979)). "A district court, upon receiving the mandate of an appellate court 'cannot vary it or examine it for any other purpose than execution,' " and "could not revisit its already final determinations unless the mandate allowed it." United States v. Cote, 51 F.3d 178, 181 (9th Cir. 1995) (quoting In re Sanford Fork & Tool Co., 160 U.S. 247, 255 (1895)).
Nor can appellants prevail on the theory that the May 1992 judgment was void, and the district court should have entertained the motion to void the judgment as a motion for relief from the first judgment under Fed. R. Civ. P. 60. None of the grounds for relief specified by that rule are applicable. The judgment was not "void" under Rule 60(b) (4), because a judgment is void for purposes of this rule only if the court that rendered the judgment was without jurisdiction or acted in a manner inconsistent with due process. Owens-Corning Fiberglass Corp. v. Center Wholesale, Inc. (In re Center Wholesale, Inc.), 759 F.2d 1440, 1448 (9th Cir. 1985). "A judgment is not void merely because it is erroneous." Id. Nor was relief available under Rule 60(b) (1) for "mistake, inadvertence, surprise or excusable neglect." Rule 60(b) provides that a motion under subsection (b) (1) must be brought within one year of the judgment. This one year period is not tolled by the pendency of an appeal. Nevitt v. United States, 886 F.2d 1187, 1188 (9th Cir. 1989). The motion to void judgment was brought over two years after the original judgment.


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In principle, we process personal data from our users only to the extent necessary for providing a functioning website and our content and services. Our users’ personal data is processed regularly only with the consent of the user. An exception is in cases where it is not possible to obtain prior consent for material reasons and the processing of the data is permitted by statutory provisions.
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The processing of the user’s personal data allows us to represent geographic information visually.
The data is typically deleted after the website has been left. You can learn more about data processing by Google by going to www.google.com/privacypolicy.html.
Within the website visit we use the widespread SSL method (Secure Socket Layer) in conjunction with the respective highest encryption level supported by your browser. You can tell whether a single page of our website is transmitted encrypted from the locked representation of the key or lock icon.
Moreover, we employ appropriate technical and organisational security measures in order to protect your data against inadvertent or malicious manipulations, partial or entire loss, destruction or against unauthorised access by third parties. Our security measures are constantly being improved corresponding to technological developments.
You can demand confirmation from the responsible person as to whether personal data relating to you is being processed by us.
(8) the existence of an automated decision, including profiling according to Art. 22 (1) and (4) GDPR and – at least in these cases – useful information about the logic involved and the range and desired effects of such processing for the data subject.
You have the right to demand information as to whether the personal data relating to you is transmitted to a third country or to an international organisation. In this context, you can demand to be informed of the appropriate guarantees according to Art. 46 GDPR in conjunction with the transmission.
You have the right to demand the responsible person corrects and/or completes the data insofar as the processed personal data relating to you is incorrect or incomplete. The responsible person must carry out the correction straight away.
(4) if you have lodged an objection against the processing according to Art. 21 (1) GDPR and it has not yet been ascertained as to whether the justified grounds of the responsible person outweigh your grounds.
If the processing of the personal data relating to you has been restricted, this data may only be processed – apart from its storage – with your consent or to assert, exercise or defend against legal claims or to protect the rights of another natural or juridical person or on the grounds of an important public interest of the European Union or a member state.
If the restriction of processing was restricted according to the above requirements, you shall be advised by the responsible person before the restriction is lifted.
(2) You revoke your consent, on which the processing according to Art. 6 (1) lit. a or Art. 9 (2) lit. a GDPR is based, and there is no other legal basis for the processing.
(3) You object to the processing according to Art. 21 (1) GDPR and there are no superior grounds for the processing, or you object to the processing according to Art. 21 (2) GDPR.
(5) Deletion of the personal data relating to you is necessary in order to fulfil a legal obligation according to European Union law or the law of the member states, to which the responsible person is subject.
(6) The personal data relating to you has been collected in respect of services offered by an information company according to Art. 8 (1) GDPR.
If the responsible person has disclosed the personal data relating to you and is it required to delete it according to Art. 17 (1) GDPR, taking into account the available technology and implementation costs, it shall take appropriate measures, also of a technical nature, to inform the persons responsible for the data processing, who are processing the personal data, that you as a data subject have demanded that they delete all links to this personal data or to copies or replications of these personal data.
If you have asserted the right to correction, deletion or restriction of processing against responsible person, they are required to inform all recipients, to whom the personal data relating to you has been disclosed, of these correction or deletion of data or of the restriction of processing, unless this is found to be impossible or is connected with disproportionate cost.
You have the right to be informed by the responsible person of these recipients.
(2) the processing is performed using automated methods.
To exercise this right, you also have the right to effect the transfer of the personal data relating to you directly from one responsible person to another responsible person, provided this is technically feasible. Freedoms and rights of other persons may not be affected as a result of this.
The right to data portability does not apply to the processing of personal data which is necessary in order to perform a task that is in the public interest or when exercising official authority transferred to the responsible person.
For reasons resulting from your specific situation, you have the right to lodge a refusal at any time against the processing of personal data that relates to you, which is being undertaken on the basis of Art. 6 (1) lit. e or f GDPR; this also applies to a profiling based on these conditions.
The responsible person no longer processes the personal data relating to you unless they can demonstrate essential protected reasons for the processing, which outweigh your interests, rights and freedoms, or if the processing serves to assert, exercise or defend against legal claims.
If the personal data relating to you is processed in order to prepare direct advertising, you have the right at any time to object to the processing or the personal data relating to you for these advertising purposes; this also applies to profiling, insofar as it is connected with this direct advertising.
If you object to the processing for purposes of direct advertising, the data relating to you is no longer processed for these purposes.
It is possible for you, in conjunction with the use of services from the information company – Directive 2002/58/EU notwithstanding – to exercise your refusal by automatic means in which technical specifications are used.
You have the right to revoke your declaration of consent under data protection law at any time. Revoking the consent does not affect the legality of the processing performed until revocation of the consent.
However, these decisions may not be based on specific categories of personal data according to Art. 9 (1) GDPR, insofar as Art. 9 (2) lit. a or g GDPR does not apply and reasonable measures to protect the rights and freedoms as well as your justified interests have been taken.
With regard to the cases stated in (1) (3), the person responsible shall take reasonable measures to safeguard the rights and freedoms as well as your justified interests, which at least includes the right to effect the intervention of a person representing the person responsible to represent their own perspective and to appeal the decision.
Irrespective of any other legal remedy under administrative or court law, you have the right to appeal to a regulatory authority, notably in the member state of your residence, your workplace or the place of the alleged breach, if you believe that the processing of the personal data relating to you breaches the GDPR.
The regulatory authority, to which the appeal is submitted, shall inform the appellant of the state and results of the appeal, including the possibility of court remedy according to Art. 78 GDPR.

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