E/C.12/EST/CO/2
5. The Committee notes with appreciation the efforts made by the State party in
promoting the implementation of economic, social and cultural rights. The Committee
welcomes in particular:
(a) The transparent and consultative process of preparation of the periodic report,
which benefited from the participation of civil society organizations;
(b) The system of collection and production of statistical data which enables the
monitoring of the realization of economic, social and cultural rights;
(c) The establishment of the Unemployment Insurance Fund and the reforms brought
to the labour market services;
(d) The adoption of the Gender Equality Act in 2004 and the conduct of the periodic
Gender Equality Monitoring survey;
(e) The policy of the State party of supporting the teaching of mother tongues of
minorities and the promotion of bilingualism in education;
(f) The integration of human rights education in the school curricula.
C.
Principal subjects of concern and recommendations
6. The Committee notes with concern that legal obligations incurred by the State party at
the international level are restrictively interpreted by the judiciary as representing merely
non-self-executing obligations and not giving rise to subjective claim rights at the
domestic level. Thus, individuals are unable to claim violations of their economic, social
and cultural rights emanating from the Covenant.
The Committee recommends that the State party establish training programmes for
the legal profession and judges on the scope of economic, social and cultural rights
emanating from the Covenant and of the State party’s obligation to effectively
implement binding human rights obligations at the domestic level. The Committee
refers the State party to its general comments Nos. 3 (1990) on the nature of States
parties’ obligations and 9 (1998) on the domestic application of the Covenant.
7. The Committee urges the State party to take steps to make any necessary
legislative amendments to bring the Chancellor of Justice into compliance with the
Paris Principles and to apply for its accreditation to the International Coordinating
Committee of National Institutions for the Promotion and Protection of Human
Rights in due course. The Committee also draws the attention of the State party to its
general comment No. 10 (1998) on the role of national human rights institutions in
the protection of economic, social and cultural rights.
8. The Committee notes with concern that the Equal Treatment Act does not prohibit
discrimination on all grounds stipulated in article 2, paragraph 2 of the Covenant in the
enjoyment of all economic, social and cultural rights.
The Committee calls on the State party to adopt the necessary legislative amendments
so as to prohibit discrimination on all grounds stipulated in article 2, paragraph 2 of
the Covenant and in the exercise of all economic, social and cultural rights. The
Committee also requests that the State party include in its next periodic report
information and statistical data on court cases and complaints lodged to the Gender
Equality and Equal Treatment Commissioner on discrimination, as well as actions
taken thereon.
9. The Committee remains concerned that persons with the status of ‘non-citizens,’ in
accordance with the passport issued by the authority, still make up approximately 7 per
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