Even though Pakosta believes the school's policy constitutes discrimination, the school is under no obligation to comply with her recommendation. “In that case the parent or student have the right to file for moral damages of up to €10,000 based on the (commissioner's – ed.) opinion,” she said.
The commissioner said that the school failed to explain why the requirement only concerns the first four grades. “The school says it is necessary for promoting tradition. How are these traditions shaped by grades one through four?” Pakosta wondered. “If a school wants to become an establishment of tradition, is the uniform really the best place to start? Perhaps educational content would be more important?”
According to Pakosta, having the requirement in place in high school, university, or vocational school would constitute a different situation as people can choose whether to attend or not. “These first- through fourth-graders have no choice. They have to attend their local school,” the commissioner said. Students generally do not choose their basic school in Estonia but are assigned a school by the local government.
Pakosta said that neither the commissioner's office nor the education ministry have had to deal with similar complaints in the past. “We received another complaint around the same time; however, it turned out the parent had gotten the wrong idea as the school had no such requirement,” she said.
The equality commissioner said that requirements to wear skirts are not a major problem in Estonia, and that rather it is a peculiar one-off case. “Most people cannot imagine someone demanding girls only wear skirts in Estonia in 2017,” she found.
Pakosta also turned to the education ministry when processing the complaint. “It is baffling that the ministry saw nothing wrong with the requirement and only concentrated on the money,” the commissioner said.