Küsimustik

Saatja: Nick Bamberger <[email protected]> Saadetud: 15.07.2022 23:37 Adressaat: SiM info <[email protected]> Teema: 2022 International Survey on LGBT+ Policy Manused: Estonia, Republic of.pdf TÄHELEPANU! Tegemist on väljastpoolt asutust saabunud kirjaga. Tundmatu saatja korral palume linke ja faile mitte avada! Dear representative of the Government of Estonia, As part of our international survey on LGBT+ policy we are contacting representatives of governments from all around the world and asking them to provide information on their policy regarding LGBT+ individuals. Attached to this message, you will find a document containing the 43 questions of our survey. We kindly ask you to answer them. You can send your response to this email account or to the following address: Nick Bamberger Dr. Hanns Schuerff Gasse 11A 2340 Moedling AT - Austria If you are not able to answer this questionnaire, please forward it to the relevant authorities in your government. Thank you! Yours faithfully, Nick Bamberger  2022 International Survey on LGBT+ Policy: Republic of Estonia We kindly ask you to answer the following questions on your government and national policy regarding LGBT+ individuals.1 Please note that your answers will be used as part of our annual International Survey on LGBT+ Policy and may thus be published in part or in whole. Furthermore, our survey is official in nature and shall only reflect the stance of your government on the issues at hand. Any personal beliefs and opinions are not of relevance and should thus be omitted from your responses. We kindly thank you for your participation.2 Legal status of LGBT+ activities. 1 Is same-sex sexual activity legal in your country? 1.1 If not, what is the maximum legal penalty for consensual same-sex sexual activity between adults? 1.2 Have there been any convictions related to same-sex sexual activity in the last year? 1.3 Is there a legal distinction between female and male same-sex sexual activity? 2 If same-sex sexual activity is illegal, does your government intend to legalise it? 2.1 If so, what are the legal changes envisaged by your government? 2.2 At what stage in the legislative process are these laws? 3 Do same-sex and opposite-sex couples have the same age of consent? 4 Is it possible to change one’s legal gender? 4.1 If not, does your government recognise gender changes made in another country? 4.2 Are there any efforts by your government to make it possible? 5 Is the promotion of LGBT+ activities illegal? 5.1 If not, does your government intend to enact a law prohibiting the promotion of certain or all LGBT+ activities? 6 Are there any other laws limiting LGBT+ individuals and their freedom of expression in your country? Anti-discrimination legislation. 7 Does your government believe it is necessary to protect LGBT+ individuals from discrimination by means of national legislation? 8 Are there any anti-discrimination laws regarding LGBT+ individuals? 8.1 If so, is there any legal distinction made between homosexual, bisexual, or transgender individuals? 8.2 What other sexual orientations or gender identities are covered by these anti- discrimination laws? 8.3 Do these laws make any distinction between discrimination in employment, in the provision of goods and services or in any other areas (e.g. hate speech)? 9 Does your government believe that current legislation is sufficient to protect LGBT+ individuals from discrimination? 1 For the purposes of this questionnaire, the term “LGBT+” may encompass all non-standard sexual orientations and gender identities including – but not limited to – homosexuality, bisexuality, transgender, genderqueer, agender, asexuality, non-binary, intersex, and pansexuality. 2 Please note that some of the following questions may not be applicable. You may wish to leave them unanswered. © Mödling Centre for Social Studies and Research, 2022.  2022 International Survey on LGBT+ Policy: Republic of Estonia. 10 Does your government intend to enact new laws or amend existing legislation on discrimination against LGBT+ individuals? 10.1 If so, what are the legal changes envisaged by your government? 10.2 At what stage in the legislative process are these laws? 11 Is your country party to an international agreement regarding discrimination against LGBT+ individuals? 11.1 If not, does your government intend to become party to any such agreement? 12 Is there any constitutional protection of LGBT+ individuals against discrimination? Same-sex couples. 13 Is there any legal recognition of same-sex couples? 14 Are same-sex couples able to enter legally registered partnerships? 15 Are foreign registered same-sex partnerships legally recognised? 16 Does your government intend to enact legislation establishing registered partnerships for same-sex couples? 16.1 If so, what legal differences will there be between registered partnerships and marriages (e.g. adoption, inheritance)? 16.2 At what stage in the legislative process are these laws? 17 Are same-sex marriages legally recognised? 17.1 If so, are religious authorities required to recognise these unions? 17.2 Are religious authorities required to perform these unions? 18 Are foreign same-sex marriages legally recognised? 19 Does your government intend to enact legislation establishing same-sex marriage? 19.1 If so, will religious authorities be required to recognise these unions? 19.2 Will religious authorities be required to perform these unions? 19.3 At what stage in the legislative process are these laws? 20 Are there constitutional provisions limiting marriage (or registered partnerships) to opposite-sex couples? 20.1 If so, does your government intend to amend or repeal these provisions? 21 What is your government’s position on constitutional restrictions of marriage? 22 In the event of a change in the legal definition of marriage or registered partnership, would your government seek to consult the public beforehand through a referendum? Adoption by LGBT+ individuals. 23 Are single LGBT+ individuals able to adopt other people? 23.1 If so, are there any legal requirements for LGBT+ individuals that do not apply to non-LGBT+ individuals? 24 Is the adoption of stepchildren by same-sex couples legal? 25 Can same-sex couples adopt legally? 25.1 If so, are there any legal requirements for LGBT+ individuals that do not apply to non-LGBT+ individuals? 26 Does your government intend to change the adoption process for LGBT+ persons in any way? Military. 27 Are homosexual individuals allowed to serve openly in the military? 27.1 If so, is a distinction made between female and male homosexual individuals? 28 Are transgender individuals allowed to serve openly in the military? © Mödling Centre for Social Studies and Research, 2022.  2022 International Survey on LGBT+ Policy: Republic of Estonia. 29 Are other LGBT+ individuals allowed to serve openly in the military? 30 Are LGBT+ individuals in the military required to remain silent about their sexual orientation or gender identity? 31 Does your government intend to make any legal changes regarding LGBT+ individuals in the military? Transgender rights. 32 Is there a right to change legal gender? 32.1 If so, what are the legal requirements for the procedure of changing gender? 32.2 Do transgender individuals have to undergo gender reassignment surgery? 32.3 Do transgender individuals have to undergo sterilisation? 33 Are transgender individuals allowed to change their legal name upon changing their gender? 34 Does your government intend to change the legal rights of transgender individuals? Conversion therapy. 35 Does your government consider conversion therapy a viable option? 36 Are conversion therapies permitted? 36.1 If so, are conversion therapies directed at minors legal? 37 Does your government intend to change the legal status of conversion therapies? LGBT+ visibility. 38 Does your government support LGBT+ visibility? 38.1 If so, what measures have been taken in this regard? 39 Are there any LGBT+ pride events in your country? 39.1 If so, do these events enjoy special protection or support from your government? Miscellaneous questions. 40 Are LGBT+ individuals allowed to donate blood? 41 Are men who have sex with men (MSM) allowed to donate blood? 41.1 If so, is there any legally required deferral period for MSM? 41.2 Are sexual partners of MSM allowed to donate blood? 42 Do lesbians have legal access to IVF? 43 Is commercial surrogacy allowed for same-sex couples? 43.1 If not, is it allowed for opposite-sex couples? © Mödling Centre for Social Studies and Research, 2022.  Justiitsministeerium 25.07.2022 nr 2-2/697-2 Küsimustiku edastamine Siseministeerium sai 19. juulil 2022. a küsimustiku, millega viiakse läbi rahvusvahelist LGBT+ poliitika uuringut. Edastame küsimustiku vastamiseks Justiitsministeeriumile, sest tsiviilõiguse, sh perekonnaõiguse poliitika kujundamine on Justiitsministeeriumi pädevuses. Samas küsimustikus on küsimusi, mis on seotud Sotisaalministeeriumi vastusvaldkonnaga. Oleme valmis abistama küsimustiku täitmisega juhul, kui mõni küsimus on Siseministeer iumi vastutusvaldkonnast, näiteks kannete tegemine rahvastikuregistrisse. Küsimustik ise aga hõlmab LGBT+ problemaatikat üldisemalt, kui see on rahvastikuregistri toimingud. Lugupidamisega (allkirjastatud digitaalselt) Jaana-Helen Luik osakonnajuhataja Lisa: saatekiri ja küsimustik 4 lehel Teadmiseks: Sotsiaalministeerium Kertu Nurmsalu 6125084 [email protected] Pikk 61 / 15065 Tallinn / 612 5008 / [email protected] / www.siseministeerium.ee Registrikood 70000562