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The Chancellor of Justice is the Ombudsman for Children, whose task is to protect and promote the rights of children and young people.
According to the Convention on the Rights of the Child, children are all people under the age of 18.
A parent evaluates the child’s health condition daily and decides whether the child is healthy enough to attend kindergarten, daycare, school, or other group activities.
The parent should consult a family doctor if it is evident that the child is unwell but it is unclear whether the condition is infectious or not. The doctor explains the requirements established for the child’s own health and the well-being of others, as well as the necessity of complying with these requirements.
The Ministry of Education and Research and the Health Board have clarified that chronic illnesses, such as asthma and allergies, may cause symptoms like a runny nose or cough, but these symptoms generally do not require the child to stay at home. If necessary, the parent can confirm that the child has been diagnosed with a chronic illness, in which case a doctor’s note is not required.
It has also been clarified that if a student has recovered from a seasonal infectious disease and generally feels well, they may attend school even with mild residual symptoms such as a slight runny nose or cough. No medical certificate is required to confirm recovery for the school or childcare institution.
If a school or childcare institution suspects that a child is ill or that their illness may be infectious, but the parent disagrees, the parent and institution must find a solution together. If necessary, the parent may consult the family doctor to determine whether participation in group activities is in the best interest of the child and others.
By law, personal information describing a child’s health, special needs, academic performance, behavior, development, home environment, and other private details must not be disclosed to unauthorized persons.
Information about a student’s progress and academic performance is considered personal data. Unauthorized access to this information significantly infringes on the student’s right to privacy. Therefore, schools must classify information related to grades as internal use only (according to § 35 (1)(12) of the Public Information Act).
The results of physical education classes and sports days should be treated in the same way as other academic results. However, it is not prohibited to acknowledge top performers at sports events. Schools may establish rules for recognizing and highlighting students in their internal regulations (§ 57 of the Basic Schools and Upper Secondary Schools Act).
Only the student, their parent, or their legal guardian has the right to access the student’s grades and other academic progress information (§ 55(5) of the Basic Schools and Upper Secondary Schools Act). An adult student (aged 18 or older) may prohibit the disclosure of their grades to their parents or legal guardian (§ 55(1)).
Schools must ensure that unauthorized individuals cannot access a student’s academic results or other personal data. Unauthorized individuals include peers, their parents, support specialists, and teachers not involved in the student’s assessment or development. Information about a student’s academic progress may only be shared with others in justified cases, such as when a support specialist needs to assess the student’s need for assistance.
The Chancellor of Justice's opinions on the disclosure of academic and sports day results.
The Chancellor of Justice's address to school and kindergarten leaders.
According to the Constitution, education is provided under state supervision. This means that the state has a duty to continually monitor the quality of education in schools and take action when deficiencies are identified. To fulfill this obligation, the state must collect data about schools to make informed decisions. It is also necessary to develop an effective and objective supervision system.
State exam results are part of this system. Supervision results must be made public because parents have a legitimate interest in knowing whether and what issues have been identified in their child's school based on state assessments. However, a complete picture of a school’s performance cannot be based solely on state exam results. Other factors must also be considered to evaluate a school comprehensively.
On the website of the SA Innove, state exam results are presented in alphabetical order by school name. Creating rankings based on these results is done by the media, not by SA Innove or the Ministry of Education and Research.
Schools themselves can also contribute to shifting public focus from rankings toward a deeper interest in the school’s educational environment. Highlighting a unique, friendly, and student-centered atmosphere is likely to be recognized and valued by students and parents, potentially influencing school choice as much as or more than ranking.
Yes, because the objectives of these exams are different. The goal of the Estonian language as a second language graduation exam is to assess how well a student completing basic school has mastered the curriculum. Adult-level B examinations do not aim to evaluate mastery of specific study material or curricula. Among other things, the basic school graduation exam separately assesses knowledge of grammar, which is why the exam comprises five parts rather than four, as in the level exams.
A student whose language of instruction is not Estonian can take a unified Estonian as a second language graduation exam that also serves as a B1 or B2 level exam. This unified exam is distinct from the language law’s B1-level exam and combines two assessments. The primary goal of this exam is to verify mastery of the curriculum, as with other graduation exams, while also determining the language proficiency level.
Under § 5(8) of the Minister of Social Affairs regulation “Health Protection Requirements for Catering in Preschool Institutions and Schools,” catering for children with special dietary needs for health reasons must be organized in cooperation with healthcare professionals, parents, and the school or kindergarten operator. The child’s daily nutritional and caloric needs must be met, and varied main meals must be offered daily (§ 5(4)).
The state provides funding for school lunches for every student, regardless of dietary requirements. The goal of this subsidy is to ensure that all students receive a warm meal and to support families. The law does not allow exceptions to providing school lunches; therefore, children with special dietary needs must also be accommodated.
For kindergarten-aged children, it is essential for parents and the kindergarten to agree on arrangements that prioritize the child’s best interests. Generally, kindergartens or caterers should provide suitable food by replacing unsuitable ingredients in the standard menu (§ 7(2) of the “Health Protection Requirements for Preschools” regulation). If parents submit a request, this obligation applies.
In exceptional cases, parents may agree to provide necessary food or ingredients themselves or to take responsibility for specific meals. If parents bring food for their child, the kindergarten could consider reducing the food fee accordingly.
The Chancellor of Justice's opinions on catering in schools and kindergartens.
While students are expected to take care of their student cards and not lose them, according to § 59 of the Basic Schools and Upper Secondary Schools Act, no fee may be charged for reissuing a student card. This includes situations where a new card is issued because the validity period of the old card has expired.
The Basic Schools and Upper Secondary Schools Act requires schools to ensure the safety and well-being of all students during school hours. Schools are also responsible for supervising underage students throughout the school day. To fulfill these obligations, schools may restrict the movement of basic school students from leaving the school building or premises.
However, these movement restrictions do not apply to adult students (aged 18 or older) in upper secondary schools. Adult students are free to leave the school premises as they wish, and schools have no legal basis to prevent or set conditions for their departure. All students are, of course, required to fulfill their learning obligations (e.g., attending classes), but adult students cannot be compelled to remain on school premises throughout the school day if they choose not to.
Schools have the right to take away smartphones if necessary.
The right to education is a fundamental right and, for students in basic schools, also a constitutional obligation. Schools must ensure that classroom learning is not disrupted by students using smartphones inappropriately. Additionally, unauthorized recording or sharing of audio or video content involving peers or teachers can violate their constitutional rights.
Schools are not authorized to conduct mandatory drug testing of students. Such authority is reserved for law enforcement, which also requires a legal basis to act. Generally, police officers do not have reason to collect samples such as blood, tissue, or urine from students in schools, even at the request of school officials.
Voluntary testing of students must meet specific conditions. Medical sample collection and analysis are healthcare services that can only be provided by qualified healthcare professionals with the informed consent of the patient. Testing minors typically also requires the consent of their legal guardian.
Sampling from shared areas in schools (e.g., restrooms) at the request of the school is not prohibited. However, sampling from students' personal belongings is not allowed, as neither the school nor its representatives have the authority to do so.
Conflicts over the use of smartphones in summer camps between parents, children, and organizers can be avoided if all key issues are discussed before the agreement is signed and the camp participation fee is paid. The camp organizer must inform parents about the camp's internal rules and other relevant regulations before signing the agreement.
Although the agreement is not signed with the child, the child must also be aware of the conditions under which they will live during the camp. A minor’s smartphone belongs to them, and if the camp rules require temporary storage of the phone or leaving it in certain areas, the child must voluntarily comply with these rules. Forcibly taking a smartphone is inappropriate. Parents should explain the camp's participation conditions to the child before they attend.
If camp staff temporarily take possession of smartphones or other belongings, they must ensure secure storage so that items are returned in the same condition as when they were handed over.
The child participates in the camp under a contract for the provision of services, which is concluded between the camp organizer and the parent. The camp organizer ensures a specific program and the resources required for it, while the parent agrees to the camp's internal rules and pays for the child's participation.
The camp’s internal rules may regulate the use of personal smartphones. By agreeing to the camp’s conditions, parents also agree to the internal rules. Camp organizers must familiarize parents with these rules before signing the agreement.
Under the Family Law Act, parents have both the right and obligation to care for their minor children. Parental custody includes the right to make decisions regarding the child, provided that such decisions are in the child’s best interest. This includes deciding whether a child can be left alone at home or in a car temporarily. Each decision must consider the child’s maturity and potential safety risks.
It is not feasible to regulate all possible situations through legal norms. Similarly, it is not practical to set a specific age in law for when a child can be left alone. These decisions must inevitably be made based on the specific circumstances and the child’s maturity.
Generally, a child’s ability to act independently is associated with school readiness (e.g., the ability to take responsibility for their actions, understand health and safety risks, and handle self-care).
When reporting on legal violations, court cases, or accidents, journalists must consider whether identifying the individuals involved is absolutely necessary and what harm this might cause them. Even without publishing names or images, specific details may make individuals identifiable. Extra caution is required when publishing materials involving children.
In cases involving children, the primary consideration must be the child’s best interests. Typically, information about underage victims is not disclosed.
While ensuring the child’s well-being is primarily the parents’ responsibility, journalists must also carefully consider whether to publish material involving the child, even if the parents have consented to its release. Media coverage may not align with the child’s best interests. There are many good examples of how issues in social or child protection can be addressed in the media without identifying the children involved.
