All the listed laws can be found on the following address http://www.legaltext.ee/
CONSTITUTIONAL LAW:
THE CONSTITUTION OF THE REPUBLIC OF ESTONIA
Passed 28 June 1992, entered into force 03 July 1992
The Constitution of the Republic of Estonia is the main legal basis in Estonia that constitutes also Fundamental Rights, Freedoms and Duties, for example: § 18 - No one shall be subjected to torture or to cruel or degrading treatment or punishment or § 27 - The protection of parents and children shall be provided by law.
FAMILY LAW:
REPUBLIC OF ESTONIA CHILD PROTECTION ACT
Passed 8 June 1992, entered into force 1 January 1993
The Estonian Child Protection Acts principles are based on the UN Convention on the Rights of the Child, and it has become the main legal basis of all work on child protection in Estonia. The most relevant paragraphs concerning sexual abuse of children in the act are as follows:
§ 31 ?General principle of treatment of child?
1) Every child shall at all times be treated as an individual with consideration for his or her character, age and sex. It is prohibited to humiliate, frighten or punish the child in any way which abuses the child, causes bodily harm or otherwise endangers his or her mental or physical health.
(2) If an adult treats a child in a prohibited manner, the social services departments are competent to intervene in order to resolve the conflict and, if necessary, to apply for punishment of the person at fault under administration or criminal procedure.
(3) A child who has suffered violent treatment or mistreatment shall be accorded necessary assistance.
(4) An adult who treats a child violently shall also receive counselling in order to prevent further mistreatment.
§ 32 ?Child in danger?
1) A child is in need of immediate assistance if: 1) the child is in a situation which endangers his or her life or health; 2) the child endangers his or her health and development through his or her own behaviour or actions.
(2) On the decision of a competent employee of the social services department, a child who is in danger shall be placed in safety immediately until such a time as the danger passes or a decision regarding the care of the child is made, without request of the consent of the child?s parents or caregivers.
§ 33 ?Protection from sexual abuse?
The child shall be protected from all forms of sexual exploitation; the following is prohibited for adults: 1) inducement of a child to engage in sexual activity; 2) exploitative use of children in prostitution; 3) exploitative use of children for pornographic purposes.
§ 50 ?Child and obscenity?
(1) It is prohibited in Estonia to produce or distribute obscene (pornographic) materials, printed matter and films for or among children.
(2) It is prohibited to use children in the production and distribution of obscene materials
§ 59 ?Notification of child in need of assistance?.
(1) Every person is required to immediately notify the social services departments, police or some other body providing assistance if the person knows of a child who is in need of protection or assistance.
(2) The social services departments have the right and are required to act immediately, regardless of the region or group to which the child belongs.
FAMILY LAW ACT
Passed 12 October 1994, entered into force 1 January 1995
It regulates the legal relations between parents and children, the role of the guardianship authority on raising the child, and the performance of legal acts related to family members. The most relevant paragraphs in connection sexual abuse of children are:
§ 49 ?Equality of rights and duties of parents?
Parents have equal rights and duties with respect to their children.
§ 53 ?Removal of child from parent?
1) At the request of a parent, guardian or guardianship authority, a court may decide to remove a child from one or both parents without deprivation of parental rights if it is dangerous to leave the child with the parents.
(2) If leaving a child with a parent threatens the health or life of the child, a guardianship authority may remove the child from the parent prior to obtaining a court order. In such case the guardianship authority must file a claim with a court within ten days for removal of the child or for deprivation of parental rights.
(3) If upon removal of a child from a parent the child is left without parental care, a guardianship authority shall arrange for care of the child.
(4) If the reasons for removal of a child cease to exist, a court may order return of the child at the request of a parent
§ 54 ?Deprivation of parental rights?
1) At the request of a parent, guardian or guardianship authority, a court may deprive a parent of parental rights if the parent: 1) does not fulfil his or her duties in raising or caring for a child due to abuse of alcoholic beverages, narcotic or other psychotropic substances, or other reason which the court does not deem to be persuasive; or 2) abuses parental rights; or 3) is cruel to a child; or 4) has a negative influence on a child in some other manner; or 5) without good reason, has not during one year participated in raising a child who resides in a child care institution.
(2) In hearing a claim for deprivation of parental rights, the court shall include a guardianship authority for the purpose of hearing its opinion in the proceeding.
(3) Upon depriving a parent of parental rights, a court shall order removal of a child from the parent.
(4) If upon depriving a parent of parental rights a child is left without parental care, a guardianship authority shall arrange for care of the child.
(5) A court shall, within ten days after the entry into force of a court order depriving a parent of parental rights, send a copy of the court order to the vital statistics office where the birth registration of the child is located and to the child care institution where the child resides.
§ 55 ?Consequences of deprivation of parental rights?
(1) A person who has been deprived of parental rights loses all rights with respect to a child.
(2) A guardianship authority may permit a person who has been deprived of parental rights to visit with a child if this does not have a negative influence on the child.
(3) Deprivation of parental rights does not release a parent from the duty to provide maintenance for a child.
§ 57 ?Removal of child from step-parent or foster-parent?
On the bases of and pursuant to procedure provided for in §§ 53 and 54 of this Act, a court may remove a child from a step-parent (§ 68 (2)) or a foster-parent (§ 68 (3)).
§ 58 ?Guarantee of interests of child?.
In hearing a dispute concerning a child, a guardianship authority or court shall proceed from the interests of the child, considering the wishes of a child who is at least ten years of age. The wishes of a child younger than ten years of age shall also be considered if the development level of the child so permits.
ADMINISTRATIVE LAW:
JUVENILE SANCTIONS ACT
Passed 28 January 1998, entered into force 1 September 1998, amended by the following Act: 16.05.2001 entered into force 01.07.2001
Juvenile Sanctions Act provides sanctions applicable to minors and the competence of juvenile committees. This Act applies to a minor who, being less than 14 years of age, commits: 1) an unlawful act corresponding to the necessary elements of a criminal offence prescribed by the Penal Code; 2) an unlawful act corresponding to the necessary elements of a misdemeanour prescribed by the Penal Code or another Act. For example § 3 prescribes Sanctions that may be imposed on a minor: 1) warning; 2) sanctions concerning organisation of study; 3) referral to a psychologist, addiction specialist, social worker or other specialist for consultation; 4) conciliation; 5) an obligation to live with a parent, foster-parent, guardian or in a family with a caregiver or in a children?s home; 6) community service; 7) surety; 8) participation in youth or social programs or medical treatment programs; 9) sending to schools for students with special needs.
SOCIAL WELFARE ACT
Passed 8 February 1995, entered into force 1 April 1995
The act regulates the roles of different levels and the principles on the arrangement of social welfare. In the context of the present issue the most relevant paragraphs are :
§ 24 ?Child welfare?
(1) For the administration of child welfare and the creation of an environment favourable for child development, rural municipality governments and city governments shall: 1) support children and persons raising children, co-operate with family members, other persons and agencies concerned; 2) develop and implement specific programmes and projects for the development and protection of children; 3) if necessary, appoint support persons or support families for children or persons raising children; 4) organise the guardianship of children; 5) assist in arranging adoptions.
(2) Positions of child protection officials shall be established in the social and health departments of counties and, as necessary, in rural municipality governments and city governments for the provision of assistance to children, families with children and other persons raising children. If necessary, a child welfare committee shall be established as an advisory body within a rural municipality government or city government.
§ 25. Separation of child from home and family
(1) A child may be separated from his or her home and family for the provision of social services and other assistance only upon the concurrent presence of the following circumstances: 1) deficiencies in the care and raising of the child endanger the child?s life, health or development or if the child endangers his or her own life, health or development with his or her behaviour; 2) other measures applied with respect to the family and child have not been sufficient or their use is not possible; 3) separation of the child from the family is effected in the interests of the child.
(2) The subsequent residence, care and raising of a child separated from his or her home and family shall be arranged by the rural municipality government or city government. The parent, step-parent, foster parent or guardian of a child has the right to protect the interests of the child pursuant to the procedure provided for in the Family Law Act (RT I 1994, 75, 1326; 1996, 40, 773; 49, 953; 1997, 28, 422; 35, 538; 2000, 50, 317; 2001, 16, 69; 53, 307; 2002, 53, 336).
(3) Sisters and brothers originating from one family shall be kept together upon separation from their home and family unless this is contrary to the interests of the children.
(4) A child who is separated from his or her home and family has the right to receive information about his or her origin, the reasons for separation, and issues pertaining to his or her future.
(5) If a circumstance set out in subsection (1) of this section ceases to exist, the child shall be assisted in returning to his or her home and family.
(6) A rural municipality government or city government shall, if necessary, provide assistance to a family from whom a child has been taken in order to help establish the prerequisite conditions for the child to return to the family.
7) Upon placement of a child in care outside the administrative jurisdiction of a local government, the rural municipality government or city government shall attend to the preservation of the child?s connections with his or her former home-city, establish conditions for the child to return there, and help the child in his or her start in independent life.
CRIMINAL LAW:
PENAL CODE
Passed 6 June 2001, entered into force 1 September 2002
The code defines offences that are punishable according to penal law, and presents penalties and other means to apply on people who have committed a crime. Sexual abuse is an offence against person, and a crime against the welfare of humanity, and against security.
§ 141. Rape
§ 142. Satisfaction of sexual desire by violence
§ 143. Compelling person to engage in sexual intercourse
§ 144. Sexual intercourse with descendant
§ 145. Sexual intercourse with child
§ 146. Satisfaction of sexual desire with child
§ 147. Inability of person of less than 10 years to comprehend
§ 172. Child stealing
§ 173. Sale or purchase of children
§ 175. Disposing minors to engage in prostitution
§ 176. Aiding prostitution involving minors
§ 177. Use of minors in manufacture of pornographic works
§ 178. Manufacture of works involving child pornography or making child pornography available
§ 179. Sexual enticement of children
§ 180. Exhibiting violence to minors
CODE OF CRIMINAL PROCEDURE
Entered into force on April 1, 1961, has been amended several times.
This code provides for the procedure in criminal matters during pre-trial investigation, and in the court of first instance, the procedure in criminal matters is uniform and mandatory for all courts, the Prosecutor's Office and pre-trial investigation authorities operating in the territory of Estonia.
§ 38. Mandatory participation of criminal defence counsel in criminal proceedings
(1) The participation of criminal defence counsel in criminal proceedings shall be mandatory: 1) in criminal matters of minors until the minors attain the age of majority;
§ 210. Participation of prosecutor in court hearing
(5) The participation of a prosecutor in a court hearing is mandatory in criminal matters related to public prosecution (also related to minors).
Relevant are also: § 40 ?Victim?
1) A victim is a person who suffers moral, physical or proprietary damage caused by a criminal offence.
(2) A person who is declared as victim of a criminal offence has the right to give testimony concerning the criminal matter. A victim and his or her representative have the right to submit evidence and requests, and after the completion of pre-trial investigation, to examine, at the request of the victim or his or her representative, the materials of the file, to participate in court hearings, and to present, in summations, the opinion of the victim or his or her representative concerning the charges and the punishment, to submit petitions for removal, to file complaints against the acts of a preliminary investigator, prosecutor, court, or against a court judgment, court ruling or a ruling of a judge.
(21) Prior to commencement of negotiations for simplified proceedings, the victim has the right to examine the charges brought against the accused, to present an opinion concerning the charges and the punishment, to receive explanations concerning the consequences of application of simplified proceedings, to give consent to the application of simplified proceedings, or to refuse to give such consent.
(22) If the victim has given consent to the application of simplified proceedings, he or she has no right to withdraw from such consent; the victim also has no right to participate in the negotiations for simplified proceedings, in the entry into a settlement for simplified proceedings, in the court hearing of the matter, nor to file appeals against a court judgment or court ruling.
§ 126 ?Participation of teacher or psychologist in interrogation of accused who is minor?
1) A teacher or psychologist shall participate in the interrogation of an accused who is a minor of less than fifteen years of age.
(2) The teacher or psychologist who participates in an interrogation has the right to pose questions to the accused through a preliminary investigator, to examine the minutes of the interrogation, and to submit comments concerning the minutes. The teacher or psychologist shall also sign the minutes of the interrogation.
§ 133 ?Hearing of witness who is minor?
1) A witness who is a minor of less than fifteen years of age shall be questioned with the participation of a teacher or a psychologist, and if necessary, in the presence of the parents or other legal representatives of the witness.
(2) Such persons, while being present at the questioning, have the right to pose questions to the witness through a preliminary investigator, shall sign the minutes of the questioning, and have the right to make comments concerning the content of the minutes.
(3) Witnesses who are minors of less than fifteen years of age shall not be warned against the liability for the refusal to give testimony and for giving knowingly false testimony; however, the obligation to give truthful testimony shall be explained to such witnesses.
§ 244 ?Hearing of witness who is minor?
1) A witness of up to fifteen years of age shall be heard in the presence of a teacher or psychologist and, if necessary, also the parents or legal representatives who, with the permission of the judge, have the right to submit questions to the witness who is a minor during the court hearing.
(2) A witness who is a minor shall be removed from the courtroom after he or she has been heard unless the court deems it necessary that the witness stay in the courtroom.
Estonia has national regulations that protect a child from sexual abuse. In the same time it is evident that also ratification of the most important international conventions is essential.
The UN Convention on the Rights of the Child
Ratified on September 26, 1991.
Article 34 of the convention declares: ?States Parties undertake to protect the child from all forms of sexual exploitation and sexual abuse. For these purposes, States Parties shall in particular take all appropriate national, bilateral and multilateral measures to prevent:
(a) the inducement or coercion of a child to engage in any unlawful sexual activity;
(b) the exploitative use of children in prostitution or other unlawful sexual practices;
(c) the exploitative use of children in pornographic performances and materials.?
The same topic is recorded in the articles 19, 35, 36 and 39.
The Revised European Social Charter
Ratified on May 31, 2000.
The aim of the Council of Europe is the achievement of greater unity between its members for the purpose of safeguarding and realising the ideals and principles of their common heritage. Its aim is also to promote its member states? economic and social progress, in particular by the maintenance and further realisation of human rights and fundamental freedoms in accordance with the European Social Charter. Children are considered in the article 7 ?The right of children and young persons to protection? and the article 17 ?The right of children and young persons to social, legal and economic protection? of the European Social Charter.
Convention on the Civil Aspects of International Child Abduction
Ratified on February 21, 2001.
The convention ensures that the interests of children are taken into notice in matters relating to their custody. The aim of the convention is to protect children internationally from the harmful effects of their wrongful removal or retention. The convention also establishes procedures to ensure their prompt return to the state of their habitual residence, and ensures their parents right to visit them.
European Convention on Recognition and Enforcement of Decisions Concerning Custody of Children and on Restoration of Custody of Children
Ratified on February 14, 2001.
The convention declares that in the member states of the Council of Europe the welfare of the child is of overriding importance in reaching decisions concerning his custody. All arrangements to ensure that decisions concerning the custody of a child must be more widely recognised and enforced, and provide greater protection of the welfare of children. With this end in view, it is desirable to emphasise that the right of access of parents is a normal corollary to the right of custody. The convention notes that the number of cases where children have been improperly removed across an international frontier has increased. By such cases it is difficult to secure adequate solutions to the problems. Efforts to restore the custody of children have sometimes been interrupted without legal basis.
Act to Regulate Dissemination of Works which Contain Pornography or Promote Violence or Cruelty
Entered into force on May 1, 1998.
The act states regulations on the dissemination, exhibition, supervision and liability of works, which contain pornography or promote violence or cruelty. The act also included some corrections to the Criminal Code (see § 200 and § 4004).
