Draft law (469 SE) for the ratification of the International Labour Organization’s (ILO) Convention No. 190 concerning the elimination of violence and harassment in the world of work – first reading
Session: 15th Riigikogu, 4th sitting, plenary session
Date: 2024-09-25 21:57
Participating Politicians:
Total Speeches: 55
Membership: 15
Agenda Duration: 1h 8m
AI Summaries: 55/55 Speeches (100.0%)
Analysis: Structured Analysis
Politicians Speaking Time
Politicians
Analysis
Summary
Today, the Riigikogu discussed agenda item number seven: the first reading of bill 469, which concerns the ratification of International Labour Organization (ILO) Convention No. 190, concerning the elimination of violence and harassment in the world of work, initiated by the Republic of Estonia's Government. The bill addresses the ratification of the convention and the associated obligations to prevent violence and harassment in the labor market and to increase the protection of victims. Minister Liisa-Ly Pakosta’s speech emphasized that Estonian legal space and the constitution already currently guarantee a significant portion of the convention’s principles, and that ratification does not require changes to Estonian laws. The discussion also raised questions and criticism regarding the concept of social gender and its implementation in the workplace, as well as in the context of the use of changing and washing rooms.
Decisions Made 1
The first reading is complete. The vote on draft 469 following the first reading resulted in 7 in favor, 46 against, and 0 abstentions. It was also confirmed that the deadline for submitting amendments is October 9th at 5:15 PM.
Most Active Speaker
The most active speaker has been Kert Kingo (EKRE faction), who has several points for debate and has repeatedly voiced objections and drawn attention. He is described as being in the right-wing (right-wing) political bloc. These appearances are reflected as a strong critique and the presentation of an oppositional stance regarding the convention.
Esimees Lauri Hussar
AI Summary
Under agenda item seven, the first reading of Draft Bill 469 concerning the ratification of the ILO Convention on the Elimination of Violence and Harassment will be discussed.
Justiits- ja digiminister Liisa-Ly Pakosta
AI Summary
The report confirms that Estonia plans to ratify the International Labour Organization (ILO) convention aimed at eliminating violence and harassment in the workplace. This decision is based on the fact that our current legislation already complies with its principles, coupled with the worrying findings of studies concerning violence and harassment in the work environment. Furthermore, Estonia has been an ILO member since 1921 and shares its core values.
Esimees Lauri Hussar
AI Summary
The Chair thanks the Minister, notes that there are questions, and the first question will be posed by colleague Helle-Moonika Helme.
Helle-Moonika Helme
Profiling Eesti Konservatiivse Rahvaerakonna fraktsioonAI Summary
Helle-Moonika Helme criticizes the inclusion of the concept of social gender in the convention and asks whose rights and obligations prevail when a biological male declares himself a woman, uses women's restrooms and changing rooms, and women feel harassed.
Justiits- ja digiminister Liisa-Ly Pakosta
AI Summary
The report confirms that the issue concerning the use of the women's changing room is already regulated by §12 of the Estonian Constitution and current legislation, and the convention changes nothing. This is because, based on the protection of human dignity, a proper arrangement is ensured, and if necessary, a third room or a time-based solution will be found.
Esimees Lauri Hussar
AI Summary
Chairman Lauri Hussar announced that the draft bill was currently in its first reading and that members of the Riigikogu were limited to a total of up to two questions for both presenters combined. He then yielded the floor to Rain Epler.
Rain Epler
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
Rain Epler criticizes the document being ratified and claims that its Article 1 defines gender-based violence and harassment through social gender. He emphasizes that the constitution must be based on biological sex, not the concept of gender, and finds that the requirement for employers to provide separate facilities is, in his estimation, like entering new territory.
Justiits- ja digiminister Liisa-Ly Pakosta
AI Summary
The address emphasizes that, pursuant to Article 12 of the Constitution, individuals must be protected against characteristics that are beyond their control, including people with different chromosomal combinations, and that employer accommodations protect their human dignity and ensure employee satisfaction and commitment to the work environment.
Esimees Lauri Hussar
AI Summary
Chairman Lauri Hussar invited Kert Kingo to speak.
Kert Kingo
AI Summary
Kert Kingo criticizes the chairman's and minister's statement as a mere formality, noted that the draft legislation information system contains a draft law on gender equality and equal opportunities signed by Signe Riisalo, which the convention now regulates, and asks whether they were aware of its existence or intentionally failed to mention it, and what steps they plan to take regarding it.
Justiits- ja digiminister Liisa-Ly Pakosta
AI Summary
This bill is not related to the convention, and its ratification does not require amendments to Estonian laws. Furthermore, the coalition agreement's promise to bring the laws on gender equality and equal treatment into compliance with the constitution—that is, to harmonize protection—will be resolved by an order from the Prime Minister to the Minister of Justice, i.e., me.
Esimees Lauri Hussar
AI Summary
The Chairman invites Martin Helme to speak.
Martin Helme
Profiling Eesti Konservatiivse Rahvaerakonna fraktsioonAI Summary
Martin Helme accused Pakosta in the Riigikogu of lying regarding transgenderism, asserting that social gender does not exist and that this is an extremely radical ideology that they are attempting to introduce into Estonian legislation via an international convention. He also cited an example where a man pretended to be a woman and attacked a biological woman, stressing that he does not support this kind of “progress.”
Justiits- ja digiminister Liisa-Ly Pakosta
AI Summary
I conclude that the Estonian Constitution protects everyone's human dignity and equal treatment, and regarding special needs and characteristics beyond an individual's control (such as disabilities or parenthood), the employer must first find a suitable solution. Only if ensuring this is impossible may modifying the employment relationship be considered a last resort, as society must take different needs into account and promote the reconciliation of family and working life.
Esimees Lauri Hussar
AI Summary
Chairman Lauri Hussar called upon Tanel Kiik to be the next questioner.
Tanel Kiik
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
Tanel Kiik asks the minister whether the opposition parties' concern about the convention is substantive, or if it is simply a desire to politicize every issue, given that the convention seems common-sense and does not change the Estonian legal framework.
Justiits- ja digiminister Liisa-Ly Pakosta
AI Summary
He/She emphasized that Estonia remains committed to the International Labour Organization and upholds the principles of human dignity and self-determination, and that no one should be disparaged because of their immutable characteristics.
Esimees Lauri Hussar
AI Summary
The Chairman thanks the audience and invites Helle-Moonika Helme to speak.
Helle-Moonika Helme
Profiling Eesti Konservatiivse Rahvaerakonna fraktsioonAI Summary
Helle-Moonika Helme claims that the concept of "social gender" and interpretations of the constitution lead to a situation where the question arises as to who receives the harassment accusation and who must leave—the woman or the man who has entered the women's changing room.
Justiits- ja digiminister Liisa-Ly Pakosta
AI Summary
He stressed that the prevention of workplace harassment is regulated by current legislation, and employers must find proportional solutions that respect human dignity—an approach demonstrated by the daily practice of sports clubs—and for which he extended his thanks to the employers and the owners of the sports club.
Esimees Lauri Hussar
AI Summary
The Chairman announces that the next questioner is Rain Epler.
Rain Epler
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
Rain Epler claims that laws do not need to be changed and that social gender is a human construct. He then offers an example where a man enters a women's changing room and another man responds to this, ultimately asking who harassed whom and which law applies to which party.
Justiits- ja digiminister Liisa-Ly Pakosta
AI Summary
As the Minister of Justice and Digital Affairs, I want to emphasize that physical violence is unacceptable, and the convention does not change current Estonian laws on this matter. If an individual with external male sex characteristics, or someone who identifies as a woman, enters a women’s changing room, the employer or the sports club administrator must be notified. A solution must then be found that ensures women’s dignity and privacy while changing. Actual incidents will be resolved in cooperation with the employer, but physical assault must never be initiated.
Esimees Lauri Hussar
AI Summary
Chairman Lauri Hussar calls upon Martin Helme.
Martin Helme
Profiling Eesti Konservatiivse Rahvaerakonna fraktsioonAI Summary
Martin Helme states that lying and crude demagoguery are unacceptable, attacks trans and gender identity issues as a radical left-wing ideology, and emphasizes the protection of traditional Estonian values and the restriction of such discussions.
Esimees Lauri Hussar
AI Summary
It says that now is your time.
Martin Helme
Profiling Eesti Konservatiivse Rahvaerakonna fraktsioonAI Summary
He suggests that the justification for the discussion is questionable, and that this matter is being discussed tonight because he himself brought it up.
Justiits- ja digiminister Liisa-Ly Pakosta
AI Summary
The rapporteur recalls that human rights violations have been committed in Estonia in the past—specifically, the murders of disabled people, murders committed on the basis of religion and nationality, and forced sterilization—and the debate over allowing women access to education and employment demonstrates society's vulnerability.
Evelin Poolamets
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
Evelin Poolamets put a question to the minister concerning the implementation of Article 12 via domestic legislation: specifically, which legal acts require amendment, what special measures need to be enacted if necessary, and what the overall application of this convention will entail.
Esimees Lauri Hussar
AI Summary
Chairman Lauri Hussar called upon Evelin Poolamets to speak.
Justiits- ja digiminister Liisa-Ly Pakosta
AI Summary
He/She emphasized that the Estonian legal framework prohibits violence and harassment, and that the ratification of the convention does not require the adoption of any new legal acts, since all necessary requirements are already stipulated in the Constitution, the Penal Code, the Occupational Health and Safety Act, the Equal Treatment Act, the Gender Equality Act, the Employment Contracts Act, and the Victim Support Act.
Esimees Lauri Hussar
AI Summary
Chairman Lauri Hussar invites Arvo Aller to speak.
Arvo Aller
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
Arvo Aller questions why Estonia should ratify the International Labour Organization convention, given that 43 countries have already ratified it and it has entered into force in 31, and Estonia aims to be the 44th state. If our domestic laws are already in place, why do we need this convention in the first place?
Justiits- ja digiminister Liisa-Ly Pakosta
AI Summary
The ratification is primarily a symbolic step, demonstrating Estonia’s membership in the international community and its adherence to international law. While it does not substantially alter Estonian legislation, it strengthens the country's position and may attract investments. Furthermore, the entry into force will occur 12 months after ratification.
Esimees Lauri Hussar
AI Summary
Chairman Lauri Hussar calls Kert Kingo to speak.
Kert Kingo
AI Summary
Kert Kingo accuses the minister of lying, arguing that the Gender Equality and Equal Opportunities Act, which was sent out for the consultation round, contains exactly the same topics—such as gender self-determination, gender characteristics, and harassment—and is linked to ratification.
Justiits- ja digiminister Liisa-Ly Pakosta
AI Summary
The coalition plans to unify the protections offered by two separate laws (equal treatment and gender equality), as the constitution mandates unified protection. This task was assigned to me, the Minister of Justice and Digital Affairs, by the Prime Minister, and the referenced bill is not connected to my duties or that convention.
Evelin Poolamets
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
Evelin Poolamets is asking why, under the implementation method, special measures can be developed if necessary, even though it was stated that no laws would be amended. She also requests examples from other countries detailing what those special measures might entail.
Esimees Lauri Hussar
AI Summary
The Chair thanks [the previous speaker] and invites Evelin Poolamets to take the floor.
Justiits- ja digiminister Liisa-Ly Pakosta
AI Summary
The Minister of Justice and Digital Affairs, Liisa-Ly Pakosta, emphasized that since 2004, the Gender Equality Act in Estonia has stipulated the obligation to implement special measures to reconcile work and family life, tailored to the employee's needs (for example, appropriate special measures for an employee with a disabled child, different special measures for an employee with five children, and additional transport for a child with special needs). She stressed that these measures are more progressive in Estonian legislation than those found in many other countries, noting that similar provisions only entered EU law a couple of decades later.
Esimees Lauri Hussar
AI Summary
Arvo Aller is called to the stage at the beginning of the address.
Arvo Aller
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
Arvo Aller asks whether recommendations 206 and 190, mentioned in the explanatory memorandum, refer to multilingual campaigns aimed at raising awareness of gender-based violence and curricula expanding into schools that incorporate a gender perspective. He also expresses concern that this could lead to the promotion of early gender neutrality and the influencing of children.
Justiits- ja digiminister Liisa-Ly Pakosta
AI Summary
Given that Estonia has utilized a gender-sensitive curriculum for decades, and separate groups for boys and girls in physical education are mandated by law, in addition to the implementation of prevention, well-being, and mental health programs and national strategies (Estonia 2035, the Violence Prevention Agreement 2021–2025, the Welfare Development Plan 2023–2030, the Mental Health Green Paper and Action Plan 2023–2026), and since modern digital translation and artificial intelligence solutions enable linguistic accessibility, which employers and tourists have already utilized.
Esimees Lauri Hussar
AI Summary
The Speaker thanks the Minister for the comprehensive answers, declares that the questions are concluded, and invites Madis Timpson, Chairman of the Riigikogu Social Affairs Committee, to present the discussion that took place at the Riigikogu rostrum.
Madis Timpson
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
The Social Affairs Committee, chaired by Madis Timpson, discussed the draft legislation concerning the ratification of the convention. It was decided to place the bill on the plenary session's agenda for September 25th, appoint Timpson as the representative of the lead committee, and conclude the first reading.
Esimees Lauri Hussar
AI Summary
Chairman Lauri Hussar thanked the presenter and announced that there were no questions.
Madis Timpson
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
Madis Timpson thanks the audience.
Esimees Lauri Hussar
AI Summary
Chairman Lauri Hussar opens the debate and invites Kert Kingo to the podium on behalf of the EKRE faction.
Kert Kingo
AI Summary
The rapporteur asserts that the ratification of the convention is not merely a formal act, but rather entails the adoption of new domestic legislation, the establishment of oversight, the implementation of sanctions, and comprehensive preventive measures against violence and harassment in the world of work.
Esimees Lauri Hussar
AI Summary
He is asking for three minutes of extra time.
Kert Kingo
AI Summary
Kert Kingo criticizes the ratification of the convention and its content, claiming that it is an introduction to the criminalization of gender equality and hate speech, and that states can only denounce the convention after ten years (it is set to enter into force in 11 years). She brazenly accuses the government of misleading the public and announces that EKRA will submit a motion to reject Bill 469 during the first reading.
Esimees Lauri Hussar
AI Summary
Chairman Lauri Hussar invited Tanel Kiik to take the floor on behalf of the Social Democratic Party faction and granted him three minutes of additional time.
Tanel Kiik
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
Tanel Kiik sharply criticizes opponents of the International Labour Organization convention, stressing that 45 countries have ratified it and the objective is simply to reduce violence and harassment in the workplace, not to impose some kind of extreme ideology.
Aseesimees Toomas Kivimägi
AI Summary
Toomas Kivimägi concluded the negotiations and announced that the leading committee wishes to finish the first reading of Bill 469. He then submitted for a vote the EKRE faction's proposal to reject Bill 469 during the first reading, which concerns the draft act on the ratification of ILO Convention No. 190.
Aseesimees Toomas Kivimägi
AI Summary
The proposal received 7 votes in favor, 46 against, with no abstentions, and consequently failed to gain support; the first reading of Bill 469 has been concluded, and the deadline for submitting amendments is October 9th of this year at 5:15 PM.