Estonia: Treatment of homosexuals and available state protection (1999-March 2000)
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 21 March 2000 |
| Citation / Document Symbol | EST34035.E |
| Reference | 2 |
| Cite as | Canada: Immigration and Refugee Board of Canada, Estonia: Treatment of homosexuals and available state protection (1999-March 2000), 21 March 2000, EST34035.E, available at: https://www.refworld.org/docid/3ae6ad5a40.html [accessed 17 September 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
Very little information on the treatment of homosexuals in Estonia could be found among the sources consulted by the Research Directorate. According to Gay Explorer, a travel directory for homosexuals, "though Estonia is one of the most liberal former Soviet republics, gay-rights and gay-partnership issues have not been discussed much in Estonian society to date" (n.d.). This information was corroborated by representatives of the Tallinn-based Estonian Gay League (EGL) and Estonian Association for Lesbians and Bisexual Women (EALBW), who stated in correspondence dated 23 March 2000 that
There is a lack of information about homosexuality in Estonia as during the Soviet occupation homosexuality was considered as a crime and psychiatric pathology and now most of g/l [gay or lesbian] people are still closeted and most of straight people do not know any openly homosexual [persons] among their acquaintances. Attitude towards homosexuality seems to be quite different, but there have not been made any surveys about it. The press is mainly positive towards homosexuality, but there are also few negative articles.
In its most recent World Legal Survey, the International Lesbian and Gay Association (ILGA) stated that
Article 118 of the Estonian Penal Code (inherited from the days of the Soviet Union), which prohibited 'anal intercourse between men' was repealed on 21 April 1992 However, the age of consent for homosexual male contacts was fixed at 16 years of age whereas it is 14 years of age for heterosexual contacts (1999).
This information was corroborated by Gay Explorer, which also stated that
it is likely that further progress regarding the legal situation of Gays and Lesbians will be made in the near future since neighbouring Finland reformed its legislation dealing with homosexuality in early 1999 and Estonia's ties to the rest of Scandinavia are still growing (n.d.).
At least four organizations working with sexual minorities operate in Estonia (Gay Latvia 1999; ELU 1998). According to the Website of one of these organizations, the Estonian Lesbian Union (ELU), which was created in 1990 to provide advocacy and support to lesbian and bisexual women, "the authorities never set any obstacles" to prevent it from gaining legal recognition (1998).
According to ILGA, citing the International Gay and Lesbian Human Rights Council (IGLHRC),
There are only a few reported cases of employment discrimination [against lesbians in Estonia], but this reflects the fact that few lesbians are open about their sexual orientation rather than indicating a positive situation for lesbians in the workplace. The majority of lesbians do not reveal their sexuality at work; they may suffer only minimal discrimination as single women, but as outspoken lesbians they would likely encounter negative consequences (1999).
No reports of employment discrimination against gay men could be found among the sources consulted by the Research Directorate.
In their 23 March 2000 letter, the representatives of the EGL and EALBW stated that "we have no information about mistreatment of homosexuals by the police or other authorities. Also we have no information about hate crimes related to homosexuality."
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.
Estonian Gay League (EGL)/Estonian Association for Lesbians and Bisexual Women (EALBW), Tallinn. 23 March 2000. Correspondence from representatives.
Estonian Lesbian Union (ELU). 1998. "Welcome to ELU - Estonian Lesbian Union."
Gay Explorer. n.d. "Estonia."
Gay Latvia. 1999. "Estonian, Latvian and Lithuanian Gay and Lesbian Resources."
International Lesbian and Gay Association (ILGA). 1999. World Legal Survey. "Estonia."
Additional Sources Consulted
IRB databases.
Legal Information Centre for Human Rights (LICHR), Tallinn.
World News Connection (WNC)
Unsuccessful attempts to contact three oral sources.
Internet sites including:
Estonian Institute of Human Rights.
Legal Information Centre for Human Rights.
Rex Wockner News Service. Mar. 1999-Feb. 2000.
United Nations in Estonia.