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Ladies and gentlemen, dear friends and colleagues, I am extremely pleased to welcome you all in Tallinn, in the same building that hosted all the most important meetings during Estonia´s European Union Presidency last autumn.
The Chancellor of Justice is a one-person, independent constitutional institution appointed to office by the Riigikogu on the proposal of the President of the Republic for a term of seven years. The Chancellor’s task is to make sure that legislation in Estonia is in conformity with the Constitution and that the fundamental rights and liberties of people in Estonia are protected.
The first sentence in Article 15(1) of the Charter of Fundamental Rights of the European Union provides as follows: ‘Given the principle of subsidiarity, the provisions of the Charter are intended for the institutions, bodies and agencies of the Union and for the Member States only in the event of the application of Union law’. This paper seeks an answer to the question, What is the meaning, after all, of the magical phrase ‘for the Member States only in the event of the application of Union law’ – in what situations, and in what manner, is the Charter to be enforced under the Estonian legal regime?

From 29 June to 2 July, advisors to the Chancellor of Justice visited the Erastvere Home, the Kodijärve Home and the special care centre Pariisi Erihoolduskeskus. The problems identified during inspection visits were generally similar in all three institutions.

The refugees who will arrive in Estonia in the coming years should find work and schools for their children as soon as possible, says Chancellor of Justice Ülle Madise.

Last year, advisers to the Chancellor of Justice visited four psychiatric hospitals, six special care homes and 12 nursing care hospitals to see how the rights of residents are protected. In many institutions, problems were detected in the storage of medicines and their administration to residents. There are also doubts regarding residents’ dignity always being guaranteed in these places.

Last year, advisers to the Chancellor of Justice made eight inspection visits to various nursing care establishments in Estonia. The inspections revealed that in several of these, patients may be held in locked rooms without reason and treated without appropriate consent and their dignity may not always be guaranteed.

Chancellor of Justice Indrek Teder has sent a proposal to Pärnu-Jaagupi Nursing Home that they stop locking the doors of patients’ rooms. The Chancellor of Justice emphasises that Pärnu-Jaagupi Nursing Home and other similar institutions have no legal grounds to lock people in their rooms.

Speech in international conference “The Role of National Human Rights Institutions in Developing of National Jurisprudence on Human Rights”, 23.-24.09.2010 Tbilisi.
Indrek Teder's opening speech at the international seminar of ill-treatment prevention mechanisms in Tallinn, 28.09.2009