It is the implementation of human rights despite one’s gender, race, nationality, language, origin, social status, belief, convictions or views, age, sexual orientation, disability, ethnic origin, religion. Inherent human rights are regulated by international human and civil rights documents and laws of the Republic of Lithuania.

Equal Opportunities Ombudsperson investigates residents’ complaints on these grounds of discrimination:

• gender
• race
• nationality
• citizenship*
• language
• origin
• social status**
• belief
• convictions or views
• age
• sexual orientation
• disability
• ethnic origin
• religion

*The ground of citizenship means the citizenship of nationals of the Member States of the European Union and the States of the European Economic Area as well as their family members.

**Social status means education or qualification acquired by a natural person or his studies at research and education establishments, his property, income, need for state support provided for in legal acts and/or other factors related to the financial/economic situation of the person.

Discrimination means any direct or indirect discrimination, harassment, instruction to discriminate on the grounds of gender, race, nationality, language, origin, social status, belief, convictions or views, age, sexual orientation, disability, ethnic origin or religion, as well as sexual harassment on grounds of sex.  

Types of discrimination: 

Direct discrimination means any situation where one person is treated less favourably than another is, has been or would be treated in a comparable situation on the grounds of gender, race, nationality, language, origin, social status, belief, convictions or views, age, sexual orientation, disability, ethnic origin or religion. 

Indirect discrimination means any act or omission, legal provision or assessment criterion, apparently neutral provision or practice that formally are the same but their implementation or application results or would result in de facto restrictions on the exercise of rights or extensions of privileges, preferences or advantages on the grounds of gender, race, nationality, language, origin, social status, belief, convictions or views, age, sexual orientation, disability, ethnic origin or religion, unless that act or omission, legal provision or assessment criterion, provision or practice is justified by a legitimate aim and the means of achieving that aim are appropriate and necessary. 

Harassment means any unwanted conduct which occurs with the purpose, or effect, of violating the dignity of a person, and of creating an intimidating, hostile, humiliating or offensive environment on the grounds of gender, race, nationality, language, origin, social status, belief, convictions or views, age, sexual orientation, disability, ethnic origin or religion. 

Sexual harassment means any form of unwanted and insulting verbal, written or physical conduct of a sexual nature with a person, with the purpose or effect of violating the dignity of a person, in particular when creating an intimidating, hostile, humiliating or offensive environment.

An instruction to discriminate directly or indirectly against a person on the grounds of gender, race, nationality, language, origin, social status, belief, convictions or views, age, sexual orientation, disability, ethnic origin or religion shall be deemed to be discrimination. 

Equal opportunities must be implemented by (the domains of application):

• state and municipal institutions and agencies;
• educational establishments, research and education providers;
• employers of all types of ownership;
• sellers or producers of goods and providers of services;
• organisations of employers or employees, organisations (associations).

Discrimination can be identified when there is a match between the grounds of forbidden discrimination of a person, as established in the legal acts, and the domain where discrimination is illegal (see picture below).

The provisions of the Law on Equal Treatment and the Law on Equal Opportunities for Women and Men shall not apply to: 

• family and private life;
• religious communities, associations and centres, organisations established by them or their members on purpose to implement their goals;
• cases where organisations uniting individuals on the grounds of gender, race, nationality, language, origin, social status, belief, convictions or views, age, sexual orientation, disability, ethnic origin or religion decide on membership of, or employment in, these organisations, provided it is genuine, legitimate and justified in relation to the common ground of an organisation;
• mass media content.

What is NOT discrimination on grounds of sex according to the Law on Equal Opportunities for Women and Men?

• Special protection of women during pregnancy, childbirth and nursing;
• different cases for fulfilling military conscription for men and women;
• different pensionable age for women and men;
• different requirements for physical training, safety and health at work;
• a certain job that can be performed only by a person of a particular sex;
• specific temporary measures set forth by laws are applied with a view to accelerating the guaranteeing of factual equality between women and men and which must be repealed upon implementation of equal rights and equal opportunities for women and men;
• different procedure and conditions of implementation of certain penalties;
• the sale of goods or the provision of services solely to, or in particular to, persons of one sex is justified by a legitimate aim, and the means of achieving that aim are appropriate and necessary.

What is NOT discrimination according to the Law on Equal Treatment? 

• Restrictions on the grounds of age as established by laws where it is justified by a legitimate aim, and the means of achieving that aim are appropriate and necessary;
• requirement to know the state language as established by laws;
• prohibition of participation in political activities in the cases specified by laws;
• different rights applied on the basis of citizenship as established by laws;
• special measures in the field of health care, safety at work, employment, labour market as established by laws with the view of creating and applying conditions and opportunities guaranteeing and promoting integration into the working environment;
• special temporary measures, as established by laws, which are taken to ensure equality and prevent violation of equal treatment on the grounds of gender, race, nationality, language, origin, social status, belief, convictions or views, age, sexual orientation, disability, ethnic origin or religion;
• where, by reason of the nature of the particular occupational activities concerned or of the context in which they are carried out, a particular human characteristic constitutes an essential and determining occupational requirement, provided that the aim is legitimate and the requirement is proportionate;
• where the legal regulation of restrictions, special requirements or certain conditions relating to the social status of a person is justified by a legitimate aim, and the means of achieving that aim are appropriate and necessary;
• organisation of separate sports competitions for the disabled.

The Equal Opportunities Ombudsperson, as an independent official, has an influence on making various public decisions, but their mandate is limited by the Law on Equal Treatment and the Law on Equal Opportunities for Women and Men. Every year, we receive a significant number of complaints regarding issues that do not fall within the scope of the Ombudsperson’s office. So, here is a list of what the Equal Opportunities Ombudsperson does not do.

Does not investigate complaints about laws. Some provisions in laws may seem discriminatory to citizens because they set differing conditions for different groups. For example, the Ombudsperson’s office sometimes receives questions regarding what its experts are doing to ensure that women are also called up for military service. Since this issue is regulated by the Law on Military Service, the Equal Opportunities Ombudsperson does not have the right to investigate whether unequal gender treatment constitutes a violation of the Law on Equal Opportunities for Women and Men. If citizens wish to find out whether legal provisions are legitimate, they can apply to the Constitutional Court.

Does not evaluate public figures’ statements and media content. The Ombudsperson monitors how the principles of equal opportunities are adhered to in government and municipal institutions, education, labour relations, consumer rights protection, and activities of organisations and associations. Public speeches, articles, broadcasts, and reports fall outside the scope of the Ombudsperson’s office. If there is potentially inappropriate content, individuals should contact The Office of the Inspector of Journalist Ethics.

Does not investigate complaints related to family and private life. The Equal Opportunities Ombudsperson educates and informs the public on human rights issues (discrimination, gender equality, male violence against women, etc.), but cannot directly help people who have suffered crimes or violations in their private lives. In such cases, individuals should contact the police or specialsed support centres. The Ombudsperson also cannot intervene in divorce proceedings, debt recovery, etc.

Does not represent claimants in court. The Ombudsperson’s lawyers participate in legal proceedings by providing expert opinions, but neither they nor the Ombudsperson can represent the claimant in the role of a lawyer.

Does not mandate compensation for damages. After reviewing a complaint, the Equal Opportunities Ombudsperson can issue a recommendation, warning, or order the cessation of discriminatory advertising, but they do not have the authority to instruct the offender to compensate for the harm caused.

Does not evaluate advertisements for their impact on minors. If citizens notice potentially discriminatory advertisements, they can contact the Equal Opportunities Ombudsperson, but these will only be evaluated from the perspective of equal opportunities violations. The Ombudsperson also does not evaluate social advertisements or determine whether the advertisement complies with the professional ethics of the creators.

The Ombudsperson’s office has observed a trend where people understand social status more broadly than the law defines it. They include factors such as residence, profession, and other characteristics in this concept. In fact, social status as a possible basis for discrimination includes:

• acquired education and qualifications;
• studying at an educational institution;
• owned property and income;
• established need for state support;
• other economic factors related to an individual’s status;
• since 2022, family status is also included in the definition of social status.

The Law on Equal Treatment prohibits discrimination based on a person’s beliefs or views. Beliefs and views are understood in various ways in everyday life. However, in the application of the law, this basis for discrimination is defined quite narrowly.

When investigating possible violations of equal opportunities due to beliefs and views, judicial practice is followed. In this practice, this part of a person’s private life is defined as what allows them to belong to a certain group united by similar ideas. Beliefs and views can be political, religious, economic, aesthetic, or cultural.

Beliefs and views form as individuals observe social processes and express their view of social phenomena. This worldview is shaped by specific ideological, cultural, ethical, or moral circumstances.

In practice, a person’s beliefs and views can be expressed by belonging to a political party or supporting it otherwise, following a vegetarian or vegan diet, supporting ecological ideas, etc. Beliefs and views can also be a conscious rejection of certain ideas.

It is important to understand that beliefs and views are not the same as an individual’s opinion, character traits, or the defence of interests in one way or another. For example, if an employee continually criticises others for poorly performed work, contacts the relevant authorities regarding their violated rights, and as a result is dismissed, this opinion about colleagues, critical thinking, and a desire to improve the situation are not considered beliefs and views because there is no culturally established group to which this individual could be assigned to. Therefore, such a case would not fall under the Ombudsperson’s jurisdiction. An individual facing a similar situation should immediately contact the Labour Dispute Committee or court.

ADVICE. Citizens submitting complaints to the Equal Opportunities Ombudsperson regarding potential discrimination based on beliefs and views should describe the overall worldview and ideas behind it.

Lithuanian residents whose human rights and freedoms have been violated can seek redress either through judicial or non-judicial means. In Lithuania, justice is administered by the courts, and individuals may turn to them to resolve disputes. However, there is also a non-judicial path: a system of independent institutions dedicated to the protection of human rights. The heads of these institutions are referred to as ombudspersons.

An ombudsperson is a state-appointed official who acts as an independent and impartial intermediary between public authorities and individuals. In Lithuania, an ombudsperson typically initiates investigations based on complaints, but they also have the authority to start investigations on their own initiative. There are currently five ombudsperson institutions operating in the country:

These are independent human rights protection institutions, whose establishment by the Seimas (Parliament) of Lithuania (directly or indirectly) is mandated by the Constitution:

Many individuals mistakenly expect these institutions to offer compensation for material or moral damages, however, ombudspersons are not legally authorised to issue such remedies; most of their decisions are recommendatory in nature. A person who has experienced discrimination on grounds such as gender, race, nationality, citizenship, language, origin, social status, faith, beliefs or views, age, sexual orientation, disability, ethnicity, or religion has the right to seek compensation for material and moral damages through legal means – that is, by applying to the courts or the Labour Dispute Committee. A key feature of ombudsperson institutions is that they do not use coercive state powers, so the implementation of their recommendations relies on their professional authority. The primary goal of their expert conclusions is not to punish, but to prevent human rights violations and to reduce the risk of recurrence. It is important to note that when defending one’s rights in court, a person may request that the court consult an ombudsperson for an expert opinion (within the scope of their statutory competence).