Lithuania gives equal opportunities ombudsman power to defend public interest

Lithuania’s parliament has granted the equal opportunities ombudsman the right to defend the public interest in court and expanded the office’s powers under a new version of the Equal Opportunities Law, LRT reported.

The law was approved on Tuesday by 58 lawmakers, while six voted against and 15 abstained.

The revised law also gives the ombudsman the authority to conduct conciliation procedures and provides more detailed definitions of discrimination. Discrimination will include restricting the exercise of rights or granting privileges, preferences or advantages on one or more grounds of discrimination.

The law defines multiple, intersectional, associative, direct and indirect discrimination, as well as harassment, sexual harassment and instructions to discriminate.

The listed grounds for discrimination are age, ethnic origin, language, origin, sex, disability, skin colour, views, citizenship, race, religion or beliefs, sexual orientation, social status, nationality and faith.

Lawmakers Jurgita Sejonienė and Paulė Kuzmickienė proposed adding health status to the list, but the Human Rights Committee rejected the proposal. The committee said the concept was too broad and undefined and could create legal uncertainty. It also noted that some cases related to health status could already be assessed as discrimination based on disability.

Sejonienė argued that health status should not be equated with disability because the two are not identical legal concepts. Not all illnesses and health conditions result in a disability, she said, meaning that a ban on discrimination based on disability does not automatically provide protection in every case.

The revised law will allow complaints about possible discrimination to be submitted both in writing and orally. It will also prohibit discrimination in public housing advertisements and in advertisements for internships, work placements and voluntary activities. The existing ban on discrimination in advertisements for employment, civil service and education will remain.

Employers will be required to ensure that employees and civil servants are not discriminated against because of pregnancy and childbirth, paternity or childcare leave, additional days off for parents, unpaid leave to care for an ill family member or other circumstances related to family responsibilities.

The revised law removes an existing exception under which the Equal Opportunities Law did not apply to educational institutions associated with religious communities if its application conflicted with the values of those communities.

The rules for proving discrimination cases have also been amended. If a complainant presents circumstances that allow an assumption that discrimination occurred, the person being complained about will have to prove that equal opportunities were not violated.

The procedure for appointing the equal opportunities ombudsman has been changed slightly. As before, parliament will appoint the official for a five-year term on the recommendation of the speaker. However, state and municipal institutions, agencies, non-governmental organisations and Lithuanian research and higher education institutions will be able to nominate candidates. The same person may serve no more than two consecutive terms.

The Office of the Equal Opportunities Ombudsman was established in 1999.