ESTONIA: JPTi COMMENDS PRESIDENTIAL CONSTITUTIONAL SAFEGUARDS AND CONFIRMS PREVENTIVE INTERNATIONAL ENGAGEMENT
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Geneva, 23 February 2026 — Justice pour Tous Internationale (JPTi) welcomes the principled constitutional leadership demonstrated by President Alar Karis in safeguarding freedom of religion and freedom of association in Estonia. The President’s repeated refusal to promulgate the 2025 amendments to the Churches and Congregations Act (KiKoS), followed by his referral of the legislation to the Supreme Court of Estonia (Riigikohus), reflects a serious commitment to constitutional fidelity, proportionality, and the protection of fundamental rights within Estonia’s democratic framework.
In a period marked by heightened regional security sensitivities, the President’s actions affirm that democratic resilience depends not on the expansion of executive discretion, but on the capacity of constitutional institutions to ensure that security policy remains firmly bounded by constitutional guarantees and binding international human rights obligations. The ongoing constitutional review before the Riigikohus constitutes a vital safeguard within Estonia’s legal order. Justice pour Tous Internationale expresses its full respect for the independence of the Court as it deliberates on questions of legality, legal certainty, necessity, and proportionality.
At the same time, Justice pour Tous Internationale calls upon the Ministry of the Interior and the Riigikogu to reconsider and recalibrate their legislative and policy posture. The progressive securitization of ecclesiastical alignment and canonical affiliation risks shifting the regulatory paradigm from demonstrable, individualized unlawful conduct to institutional or transnational religious identity. Such an alignment-based framework is difficult to reconcile with Article 18 of the International Covenant on Civil and Political Rights, which permits limitations on the manifestation of religion only when they are prescribed by law and strictly necessary to protect public safety, public order, health, morals, or the fundamental rights and freedoms of others. The exhaustive nature of this limitation clause does not permit broad reliance on national security as an autonomous ground for restricting protected religious affiliation.
Justice pour Tous Internationale therefore urges the Ministry of the Interior and parliamentary actors to realign their legislative reasoning and public narratives with internationally recognized human rights standards. Security frameworks must not condition the legitimacy, continuity, or internal governance of religious communities upon executive classifications of canonical affiliation. The protection of Estonia’s constitutional order is strengthened when public authorities clearly distinguish between genuine security threats grounded in individualized conduct and protected expressions of religious identity and communion.
Justice pour Tous Internationale further calls upon the Chancellor of Justice of Estonia, in her dual capacity as constitutional guardian and National Human Rights Institution accredited with “A status” under the Paris Principles, to ensure that her public advocacy and legal analysis explicitly and consistently reflect binding international human rights law. In this context, JPTi encourages the Chancellor of Justice to follow up closely on the concerns expressed in the United Nations Special Procedures communication JAL EST 2/2025 of 6 August 2025 and in the subsequent UN experts’ press release of 15 December 2025. These communications raised substantive questions regarding legislative and administrative measures affecting the Estonian Christian Orthodox Church and the broader protection of freedom of religion or belief.
Justice pour Tous Internationale further encourages the Chancellor to articulate publicly that canonical affiliation, spiritual communion, and transnational ecclesiastical ties fall within the protected collective dimension of freedom of religion or belief under Article 18 of the International Covenant on Civil and Political Rights. Where legislative or executive measures risk substituting affiliation for individualized culpability, explicit reference to international standards and to the closed nature of permissible limitations would reinforce Estonia’s commitment to the rule of law and universal human rights obligations.
Justice pour Tous Internationale confirms that, on 17 February 2026, it transmitted a formal submission to the United States Commission on International Religious Freedom (USCIRF), advocating preventive consideration of Estonia for placement on the Special Watch List under the International Religious Freedom Act. On 19 February 2026, JPTi addressed the Personal Representative of the OSCE Chairperson-in-Office on Combating Racism, Xenophobia and Discrimination, also focusing on Intolerance and Discrimination against Christians and Members of Other Religions, seeking engagement and dialogue-oriented support. JPTi intends to raise these issues in Vienna during the forthcoming OSCE Supplementary Human Dimension Meeting in March, engaging participating States in a constructive discussion concerning collective religious autonomy and the limits of securitization within the framework of OSCE commitments.
The complete submission to USCIRF, transmitted by Justice pour Tous Internationale (JPTi), may be accessed and downloaded here:
The present constitutional process represents an opportunity to demonstrate that Estonia remains a democratic State with functioning institutions and meaningful judicial oversight. International engagement at this stage is preventive and stabilizing in character. Early and voluntary realignment with international human rights law can help ensure that security considerations do not inadvertently erode protected religious autonomy or establish structural precedents incompatible with constitutional guarantees.
Justice pour Tous Internationale remains committed to constructive dialogue with Estonian authorities and international partners, with the shared objective of reinforcing democratic safeguards and preserving the integrity of freedom of religion or belief for all communities.
Note on procedural chronology:
On 9 April 2025, the Riigikogu adopted amendments to the KiKoS. On 24 April and 3 July 2025, President Alar Karis refused promulgation on constitutional grounds. On 17 September 2025, the Riigikogu adopted the amendments for a third time. On 3 October 2025, the President referred the matter to the Riigikohus. On 3 February 2026, the Constitutional Review Chamber held a public hearing, and on 4 February the case was transferred to the Full Bench. On 17 February 2026, the Full Bench scheduled internal deliberations for 24 March and 5 May 2026, with the final judgment to be published no later than June 2026.
