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The President of the Republic declined to promulgate the Social Welfare Act Amendment Act
31.12.2002
President Arnold Rüütel today at Kadriorg signed the resolution not to promulgate the Social Welfare Act Amendment Act passed by the Riigikogu on December 10, for the amendments to the act are in conflict with § 10, § 11, § 12 and § 28, subparagraph 1, of the Constitution.
The President indicated in his resolution that § 22, subparagraph 13, of the Social Welfare Act amended by § 1, clause 3, of the Social Welfare Act Amendment Act, and § 22, subparagraph 14, of the Social Welfare Act amended by clause 4 give the relevant committees of local governments extensive authorities to assess the financial situation of persons concerned, thus substantially increasing possibilities of making subjective decisions in granting subsistence benefits.
Pursuant to § 28, subparagraph 1, of the Constitution, the Republic of Estonia is committed to providing assistance in case of need, however, as a condition of providing assistance, the applicants should not be put in a situation, in which they, in order to guarantee themselves a living standard fit for human beings, would be forced to sell their property or spend their appropriate savings, the President added.
§ 22, subparagraphs 13 and 14, of the amended Social Welfare Act are conflicting also with § 10 of the Constitution, according to which the rights, freedoms and duties shall arise from the spirit of the Constitution or be in accordance therewith, and conform to the principles of human dignity and of a state based on social justice, democracy and the rule of law.
§ 1, clause 6, of the Social Welfare Act Amendment Act amends § 22, subparagraph 21, of the Social Welfare Act establishing that, while granting subsistence benefits, pupils and students up to the age of 24 shall be regarded as maintained by their parents, unless they are married or have children.
In his resolution, the President pointed out that this provision is conflicting with § 60 of the Family Law Act establishing that a parent is required to maintain only his or her minor child and a child who has become an adult, needs assistance and is incapacitated for work. A parent is required to maintain a child during his or her studies only in the case, if the child attends basic school, upper secondary school or vocational school and continues to study therein upon becoming an adult. However, the parent has no duty of maintenance if the child attends an institution of applied higher education or university.
Pursuant to § 12 of the Constitution, no one should be discriminated against on the basis of origin, property or social status, or on other grounds. And although the social welfare is the last possible source of income enabling a person to cope himself, it does not provide any legal grounds for discriminating between students, in particular between those up to the age of 24, on the basis of the type of educational establishment they are attending. Different possibilities would also arise from the family set-up of pupils and students. Those having no parents would have the right to apply for a subsistence benefit, but pupils having parents and students would not be entitled to apply for subsistence benefits.
Thus, the amended § 22, subparagraph 21 of the Social Welfare Act is in conflict with § 12 of the Constitution.
Press Service of the Office of the President
Kadriorg, December 30, 2002
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