"Leveling Down" Pensions in Latvia Does Not Remedy Discrimination

On 30 September 2009, The Equal Rights Trust (ERT) submitted an expert opinion on the proposed amendments to the State Pensions Act to Latvia’s Saeima (Parliament).  The amendments in question are a response to the European Court of Human Rights judgment in the case of Andrejeva v. Latvia (application no. 55707/00, judgment of 18 February 2009).

In the Andrejeva decision the Strasbourg court found that Latvia had discriminated against non-citizens as compared to citizens, in not recognising their employment before 1991 by organisations which had been legally registered in former Soviet republics other than Latvia, as counting towards pensions.

In its six-page submission ERT argues that the proposed amendments, which aim to end discrimination against non-citizens with respect to pension entitlements by reducing or “leveling down” the pension entitlements for both citizens and non-citizens are contrary to Latvia’s international legal obligations, and to the object and purpose of domestic equality legislation.

ERT’s submission explains that:

• The leveling down of entitlements is contrary to Latvia’s obligations under international and European law.
• Comments and guidance issued by the UN Committee on Economic, Social and Cultural Rights and the European Commission indicate that regressive measures are not justifiable in order to meet non-discrimination obligations. 
• The European Court of Justice has ruled out the possibility to “leveling down” in order to end practices of discrimination on grounds of sex, and this principle should apply in respect to other types of discrimination.

The amendments in question are currently awaiting a second reading, having been adopted at first reading on 27 August 2009. ERT appealed to the Latvian parliament to reconsider, in the second reading stage, the amendments to the State Pensions Act and vote for the adoption of amendments which would harmonise upwards the pension entitlement of the non-citizens to those of citizens of similar employment history.

To read ERT submission, click here.