Tupay commented on a proposal by the Social Democratic Party to allow only foreign residents in Estonia who condemn Russia's war in Ukraine to vote in local elections. She pointed out that under the current constitution, these foreign residents have both the opportunity and the fundamental right to vote at the municipal council level.

"If we say that a statement or mindset check must be introduced... This is a fundamental issue, and we must keep in mind that we need to consider the fundamental rights that apply under our constitution in a democratic state governed by the rule of law. One of the pillars of this is individual freedom, along with the state's trust in its citizens. This is why we say that our beliefs and thoughts are protected. We do not engage in mindset checks," Tupay explained.

She added that a person's fundamental rights are limited only where they begin to infringe on the rights of others.

"If I endanger others with my thoughts – this is a similar issue to symbolism or incitement to hatred. At what point do my thoughts become dangerous to others? Still, in a democratic state, one's mindset cannot be controlled, as that would strip away individual freedom. This is a cornerstone of our democratic understanding," Tupay said.

Tupay also noted that Estonia's constitution is unique in some respects compared to other countries, as it permits permanent residents to participate in local elections.

"There are no additional conditions. When we look at the history of the constitution, the aim at that time was not to tie local elections to citizenship. In the early 1990s, there were areas where we did not have enough Estonian citizens. Accordingly, the Supreme Court has confirmed that the right to vote is a fundamental right. If we want to change this, it becomes a constitutional issue. Changing the constitution is much more difficult than amending regular laws, so other solutions are often sought to impose restrictions," Tupay noted.

According to Tupay, Estonia has no international obligation to grant voting rights to all residents.

"Legal norms and common practice suggest that, in most countries, only citizens vote at the local government level. We might say that our social contract has achieved sufficient political and societal consensus to consider amending the constitution," she said.

However, if Estonia were to restrict voting rights for citizens of certain countries, Tupay emphasized that Estonia would have to take into account anti-discrimination principles within both Estonian and European law and practice.

"True, people can be treated differently in certain cases, but in such cases, a justifying reason must be demonstrated. Whether these individuals collectively pose a security risk. The standard for justification is higher here," said Paloma Krõõt Tupay.

Political parties in Estonia have been debating whether to strip Russian and Belarusian citizens permanently living in Estonia of their right to vote in local government council elections, following Russia's full-scale invasion of Ukraine. The debate includes whether such a move would be constitutional. Reform, Eesti 200, Isamaa and EKRE back the proposal, while the Center Party and, until recently, the Social Democrats have been opposed.

There are some 83,500 Russian citizens living in Estonia, roughly a third of whom have participated in local elections in past years. They are more likely to influence local elections results in Tallinn and some Ida-Viru County municipalities where their relative importance is greater.

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