If girls at the municipal basic school of their place of residence are required to wear a skirt at school and they are not allowed to wear pants there, but boys of the same age may wear pants at school at the same time, then this is discrimination on grounds of gender. In this case, girls are subject to a restrictive requirement based on their gender and treated differently and worse than boys. The claim is not objectively justified and is based solely on gender stereotypes. An important element of this is that it is the municipal basic school of residence, or compulsory school level, and the type of school to which the student is assigned by municipality. Voluntary school types or grades may, in theory, have different clothing requirements, as if they are unsuitable for pupils, they can choose another school voluntarily. Pupils of the municipal school of residence have no such possibility. Equal treatment means that people in the same situation must be treated equally – all people must have equal opportunities in the same situation. Both direct and indirect gender-based harassment is prohibited. Direct gender discrimination occurs when one person is treated less favourably than another person because of his or her gender.
If you did not find an answer to your concern, you may contact the Estonian Commissioner for Gender Equality and Equal Treatment in a free format by sending an email to avaldus@volinik.ee. When contacting the Commissioner, the identity of the person shall not be disclosed and, upon request, anonymity shall be guaranteed.
