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Violence Against Women: 10 Reports / Year 2003This is the theory but, as the CEDAW noted with regard to the implementationof the Convention on the Elimination of All Forms ofDiscrimination Against Women, “although in accordance with articles 3and 123 of the Constitution, the Convention is integrated into domesticlegislation and takes precedence over such legislation the Committee isconcerned that there is still a lack of familiarity among the judiciary, lawenforcement agents and women themselves about the opportunities for theapplication of the Convention in domestic decision-making.” 41.3 Human rights situation in EstoniaChapter 2 of the Estonian Constitution contains a catalogue of fundamentalrights and freedoms applicable in the Republic of Estonia. The chaptercomprises 48 articles setting out the framework for the protection of civil,political, economic, social and cultural rights.All courts in Estonia are competent to deal with questions of humanrights. The Constitution states that in a court proceeding, the court willleave unapplied any law or other legislation that is in conflict with theConstitution. The Supreme Court will declare invalid any law or otherlegislation that is in conflict with the provisions and spirit of theConstitution (article 152 of the Constitution).Police violence and prison conditions are a problem in Estonia accordingto the International Helsinki Federation for Human Rights, a group ofnon-governmental organisations that act to protect human rights throughoutEurope, North America and the Central Asian republics. 5 Reportedlyill-treatment of prisoners takes place in both prison and pre-trial detentionfacilities.The lack of independence of the judiciary in Estonia is another importantproblem. The independence of the judiciary is guaranteed by law but inreality there are many deficiencies. This is mainly due to financialarrangements that restrict notably the lower-level courts and a huge backlogof cases that interferes with the proper functioning of the court system.244