A/HRC/7/19/Add.2 page 8 19. Section II of this report analyzes the political and legal strategy adopted by state institutions, with a particular focus on the perceptions of state officials concerning the problems related to racism and discrimination in the country. Subsequently, on Section III, the views of civil society organizations, representatives of minorities and victims of discrimination are introduced. This is followed by an analysis of the situation by the Special Rapporteur on Section IV and his recommendations to the Estonian government on Section V. III. POLITICAL AND LEGAL STRATEGY OF THE PUBLIC AUTHORITIES A. Legal and institutional framework to combat racism and racial discrimination 1. Constitutional and legislative provisions 20. The Constitution of Estonia establishes the general right to non-discrimination under its Article 12, which provides that “No one shall be discriminated against on the basis of nationality, race, colour, sex, language, origin, religion, political or other opinion, property or social status, or on other grounds”. This principle is further specified in the Penal Code (§ 152), which establishes a possibility of punishment by fine, detention or one year of imprisonment to any “unlawful restriction of the rights of a person or granting of unlawful preferences to a person on the basis of his or her nationality, race, colour, sex, language, origin, religion, sexual orientation, political opinion, financial or social status”. 21. Article 12 of the Constitution provides that “the incitement of national, racial, religious or political hatred, violence or discrimination shall, by law, be prohibited and punishable”. The Penal Code (§ 151) increases the scope of the prohibition by referring additionally to colour, sex, language, origin, sexual orientation, financial or social status. Different levels of punishment are established, ranging from a fine to 3 years of imprisonment. 22. According to the Penal Code, a first time violation of the provisions of non-discrimination and non-incitement to hatred are considered as a misdemeanour, punishable by fines or detention. Only when the violation causes “substantial damage” to another person’s rights or represents a repetition of the same type of violation by the perpetrator is it punishable by imprisonment. 23. Ethnic minorities are also entitled to specific rights defined in the Constitution. Article 49, in particular, ascertains that “everyone shall have the right to preserve his or her ethnic identity”. Article 50 establishes that “ethnic minorities shall have the right, in the interests of their national culture, to establish institutions of self-government in accordance with conditions and procedures determined by the Law on Cultural Autonomy for Ethnic Minorities”. 24. The Constitution defines Estonian as the official language of the state and local government (Article 52). However, it also allows for local government authorities in regions inhabited by a majority of non-Estonian speakers to use the language of the majority “for internal communication to the extent and in accordance with procedures determined by law”. In regions where at least half of the residents belong to an ethnic minority, the Constitution provides for the “right to receive answers from state and local government authorities and their officials in the language of that ethnic minority” (Article 52).