Clear
  • Anti-discrimination Legislation & Implementation
    • Is racial discrimination defined in national law?

      Yes.

       

      Qualitative Info

      The Constitution of Finland contains a specific general provision against discrimination, defining it as differential treatment of someone without an acceptable reason on a prohibited ground of discrimination. The Constitution provides: "Everyone is equal before the law. No one shall, without an acceptable reason, be treated differently from other persons on the ground of sex, age, origin, language, religion, conviction, opinion, health, disability or other reason that concerns his or her person."

       

      The provision is in conformity with art. 1.1 of the International Convention on the Elimination of All Forms of Racial Discrimination.

      Groups affected/interested

      • Migrants
      • Refugees
      • Roma & Travelers
      • Muslims
      • Ethnic minorities
      • Religious minorities
      • Linguistic minorities
      • Majority
      • Asylum seekers
      • Lesbian, Gay, Bisexual and Transgender
      • Persons with disability
      • Africans/black people
      • National minorities

      Type (R/D)

      • Anti-migrant/xenophobia
      • Anti-semitism
      • Islamophobia
      • Afrophobia
      • Arabophobia
      • Anti-roma/zinghanophobia
      • Religious intolerance
      • Homophobia
      • On grounds of disability
      • On grounds of other belief
      • Anti-roma/ romaphobia
      • Xenophobia

      Key socio-economic / Institutional Areas

      • Anti-discrimination

      External Url http://www.finlex.fi/en/laki/kaannokset/1999/en19990731.pdf

      See other countriesSee indicator history
    • Is there a definition of discrimination on the grounds of race, ethnic origin and/or religion in national law in conformity with the EU Directives?

      Yes, national law is in confirmity with the directives with regards to definition of discrimination on the grounds of race, ethnic origin and/or religion.

      Qualitative Info

      The Non-Discrimination Act (Section 6:1) defines direct discrimination as "the treatment of a person less favourably than the way another person is treated, has been treated or would be treated in a comparable situation" (Non-Discrimination Act, Section 6:1).

       

      Indirect discrimination means "that an apparently neutral provision, criterion or practice puts a person at a particular disadvantage compared with other persons, unless said provision, criterion or practice has an acceptable aim and the means used are appropriate and necessary for achieving this aim." (Section 6:2).

       

      Harrassment is defined as "the deliberate or de facto infringement of the dignity and integrity of a person orgroup of people by the creation of a intimidating, hostile, degrading, humiliating or offensive environment." (Section 6:3).

       

      The Non-Discrimination Act also defines an instruction or order to discriminate as discrimination (Section 6:4)

      Groups affected/interested

      • Migrants
      • Refugees
      • Roma & Travelers
      • Muslims
      • Ethnic minorities
      • Religious minorities
      • Linguistic minorities
      • Majority
      • Asylum seekers
      • Lesbian, Gay, Bisexual and Transgender
      • Persons with disability
      • Africans/black people
      • National minorities

      Type (R/D)

      • Anti-migrant/xenophobia
      • Anti-semitism
      • Islamophobia
      • Afrophobia
      • Arabophobia
      • Anti-roma/zinghanophobia
      • Inter-ethnic
      • Intra-ethnic
      • Homophobia
      • On grounds of disability
      • On grounds of other belief
      • Anti-roma/ romaphobia
      • Xenophobia

      Key socio-economic / Institutional Areas

      • Anti-discrimination

      External Url http://www.finlex.fi/en/laki/kaannokset/2004/en20040021.pdf

      See other countriesSee indicator history
    • Does the national law cover all grounds of discrimination as in the International Conventions and EU law or additional discrimination grounds?

      Yes, the national law covers also additional grounds.

      Qualitative Info

      The Constitution of Finland (Section 6) covers discrimination on the grounds of sex, age, origin, language, religion, conviction, opinion, health, disability or other reason that concerns his or her person.

       

      The Non-Discrimination Act (Section 6) covers discrimination on the grounds of age, ethnic or national origin, nationality, language, religion, belief, opinion, health, disability, sexual orientation or other personal characteristics.

       

      The Criminal Code provision on discrimination (Section 10:11) covers discrimination on the grounds of race, national or ethnic origin, colour, language, sex, age, family ties, sexual preference, state of health, religion, political orientation, political or
      industrial activity or another comparable circumstance,

       

      The Criminal Code provision on work discrimination (Section 47:3) and extortionate work discrimination (47:3a) covers discrimination on the grounds of race, national or ethnic origin, nationality, colour, language, sex, age, family status, sexual preference or state of health, religion, political opinion, political or industrial activity or a comparable circumstance.

      Groups affected/interested

      • Migrants
      • Refugees
      • Roma & Travelers
      • Muslims
      • Ethnic minorities
      • Religious minorities
      • Linguistic minorities
      • Majority
      • Asylum seekers
      • Lesbian, Gay, Bisexual and Transgender
      • Persons with disability
      • Africans/black people
      • National minorities

      Type (R/D)

      • Anti-migrant/xenophobia
      • Anti-semitism
      • Islamophobia
      • Afrophobia
      • Arabophobia
      • Anti-roma/zinghanophobia
      • Inter-ethnic
      • Intra-ethnic
      • Homophobia
      • On grounds of disability
      • On grounds of other belief
      • Anti-roma/ romaphobia
      • Xenophobia

      Key socio-economic / Institutional Areas

      • Anti-discrimination

      External Url http://www.finlex.fi/en/laki/kaannokset/1889/en18890039.pdf

      See other countriesSee indicator history
    • Does nationality, citizenship serve as a ground for discrimination in access to public goods and services, employment and/or deprivation of economic and social rights?

      Yes, the national law prohibits discrimination on grounds of nationality and/or citizenship in access to public goods and services, employment and education.

      Qualitative Info

      The Non-Discrimination Act provides protection universally for all people under the jurisdiction of Finland, irrespective of nationality, residence or any other such status. The act goes beyond the Directives in that it prohibits discrimination also on the grounds of national origin and nationality, albeit only in the fields of employment and education. The material scope of the act is limited in that it does not apply to the application of provisions governing entry into and residence in the country by foreigners (i.e. those without Finnish citizenship), or the placing of foreigners in a different position for a reason deriving from their legal status under the law. Such a status may also include the type of residence permit.

       

      The Criminal Code provision on discrimination (Section 11:10) prohibts discrimination in access to public goods and services on the grounds nationality.

      Groups affected/interested

      • Migrants
      • Refugees
      • Roma & Travelers
      • Muslims
      • Ethnic minorities
      • Religious minorities
      • Linguistic minorities
      • Majority
      • Asylum seekers
      • Lesbian, Gay, Bisexual and Transgender
      • Persons with disability
      • Africans/black people
      • National minorities

      Key socio-economic / Institutional Areas

      • Employment - labour market
      • Health and social protection
      • Education
      • Anti-discrimination

      External Url http://www.non-discrimination.net/content/media/2009-FI-Country%20Report%20LN_final.pdf

      See other countriesSee indicator history
    • Does statelessness serve as a ground for discrimination in access to public goods and services and/or deprivation of economic and social rights?

      Yes, there are grounds to believe that statelessness serves as a ground for discrimination in access to public goods and services.

      Qualitative Info

      The Non-Discrimination Act does not explicitly address stateless status as a possible ground of discrimination, but statelessness is generally treated as equivalent to nationality in the Finnish legal system. For instance, a stateless person is under the Aliens Act (301/2004) considered to be an ‘alien’ ( i.e. a citizen of a foreign country) for the purposes of that act. For this reason it is fairly clear that discrimination on the grounds of stateless status would be considered to constitute discrimination on the grounds of nationality.

      Groups affected/interested

      • Migrants
      • Refugees
      • Roma & Travelers
      • Muslims
      • Ethnic minorities
      • Religious minorities
      • Linguistic minorities
      • Asylum seekers
      • Africans/black people

      Type (R/D)

      • Anti-migrant/xenophobia
      • Xenophobia

      Key socio-economic / Institutional Areas

      • Anti-discrimination

      External Url http://www.non-discrimination.net/content/media/2009-FI-Country%20Report%20LN_final.pdf

      See other countriesSee indicator history
    • Discrimination on the grounds of race, ethnic origin and/or religion is prohibited in all the areas provided for by the EU Directives?

      Yes.

      Qualitative Info

      In Finland, the Racial Equality Directive 2000/43/EC and the Employment Equality Directive 2000/78/EC were transposed through the adoption of one new act, namely the Non-Discrimination Act. The act prohibits discrimination based on ethnic origin concerning: 1) social welfare and health care services; 2) social security benefits or other forms of support, rebate or advantage granted on social grounds; 3) the performance of military service, women's voluntary military service or non-military service; or 4) the supply of or access to housing and movable and immovable property and services on offer or available to the general public other than in respect of legal acts falling within the scope of private affairs and family life.

      Groups affected/interested

      • Migrants
      • Refugees
      • Roma & Travelers
      • Muslims
      • Ethnic minorities
      • Religious minorities
      • Linguistic minorities
      • Majority
      • Asylum seekers
      • Lesbian, Gay, Bisexual and Transgender
      • Persons with disability
      • Africans/black people
      • National minorities

      Type (R/D)

      • Anti-migrant/xenophobia
      • Anti-semitism
      • Islamophobia
      • Afrophobia
      • Arabophobia
      • Anti-roma/zinghanophobia
      • Religious intolerance
      • Inter-ethnic
      • Intra-ethnic
      • Homophobia
      • On grounds of disability
      • On grounds of other belief
      • Anti-roma/ romaphobia
      • Xenophobia

      Key socio-economic / Institutional Areas

      • Anti-discrimination

      External Url http://www.finlex.fi/en/laki/kaannokset/2004/en20040021.pdf

      See other countriesSee indicator history
    • Are there specialised bodies/agencies/mechanisms which receive, handle/investigate complaints in discrimination cases?

      The Office of the Ombudsman for Minorities and the National Discrimination Tribunal handle discrimination complaints on the grounds of ethnic origin outside employment. The Occupational Safety and Health Authorities handle discrimination complaints on all prohibited gounds in employment.

      Qualitative Info

      In cases of ethnic discrimination outside employment, the Ombudsman for Minorities: 1) offers guidance and advice, makes recommendations or devises initiatives to ensure discrimination is not continued or repeated; 2) takes measures to achieve reconciliation between the parties involved; 3) requests the authority or entrepreneur suspected of discrimination to provide clarification of the matter; 4) can impose a penalty payment if the authority or person suspected of discrimination does not provide clarification; and 5) can take the case to the National Discrimination Tribunal of Finland.

       

      The National Discrimination Tribunal of Finland is an independent organ promoting legal protection. A decision by the tribunal has the same legal effect as a judgement by a general court of law. The tribunal may examine cases of discrimination based on ethnic origin, except those involving supervision of the prohibition of discrimination in employment and public service. It may confirm conciliated settlements between parties or prohibit any continued or repeated behaviour that infringes the prohibition of discrimination or reprisals. The Tribunal may also impose conditional fines to enforce compliance with its decisions, and order a payment of these fines. A court of law, the Ombudsman for Minorities, other public authorities or voluntary associations may request the opinion of the tribunal on the application of the Non-Discrimination Act to any matter of ethnic discrimination. The Tribunal does not have the authority to revise the decisions of other public authorities.

       

      Discrimination in employment and public service – including recruitment, working conditions, terms of employment, traineeships and career advancement – is supervised by the Occupational Health and Safety Authority. It may receive communications from employees, and carry out on-site inspections in the private sector, and if it considers that there are probable grounds to suspect that discrimination, as defined in the Criminal Code, has taken place, it must report the case to a public prosecutor. In case there are probable grounds to suspect that discrimination, as defined in the Non-Discrimination Act, has taken place, it will issue guidance to the employer and advice the victim of his options.

      Groups affected/interested

      • Migrants
      • Refugees
      • Roma & Travelers
      • Muslims
      • Ethnic minorities
      • Religious minorities
      • Linguistic minorities
      • Majority
      • Asylum seekers
      • Lesbian, Gay, Bisexual and Transgender
      • Persons with disability
      • Africans/black people
      • National minorities

      Type (R/D)

      • Anti-migrant/xenophobia
      • Anti-semitism
      • Islamophobia
      • Afrophobia
      • Arabophobia
      • Anti-roma/zinghanophobia
      • Religious intolerance
      • Inter-ethnic
      • Intra-ethnic
      • Nationalism
      • Homophobia
      • On grounds of disability
      • On grounds of other belief
      • Anti-roma/ romaphobia
      • Xenophobia

      Key socio-economic / Institutional Areas

      • Anti-discrimination

      External Url www.ofm.fi / www.syrjintalautakunta.fi / www.tyosuojelu.fi

      See other countriesSee indicator history
    • Are there mechanisms in place to collect data on racial discrimination in line with data protection legislation as an effective means of, monitoring and reviewing policies and practices to combat racial discrimination and promote racial equality?

      Yes, there are mechanisms in place to collect data on racial discrimination.

      Qualitative Info

      The core mechanisms of data collection are the incidents and cases of racial discrimination reported to the Office of the Ombudsman for Minorities and to the National Discrimination Tribunal of Finland. The data is published in their respective annual reports. In addition, data on racial discrimination is collected by the police and published in the annual reports on hate crime.

       

      The Occupational Safety and Health Authorities do not collect data on reported incidents and cases of discrimination.

       

      The Discrimination Monitoring Group, set-up by the Ministry of the Interior, is responsible for 1) implementation and coordination of the national discrimination monitoring system; 2) determining, defining and commissioning discrimination research annually; 3) collecting data on the situation of migrants and minorities with regards to discrimination and maintaining a website for dissemination of data; 4) improving data collection and research on discrimination in cooperation with research institutes and various organisations; and 5) informing and training different actors on discrimination issues, providing guidance for development of discrimination monitoring.

       

      The group consists of representatives of various official agencies, research institutes, NGOs and equality, gender equality and self-governing bodies.

      Groups affected/interested

      • Migrants
      • Refugees
      • Roma & Travelers
      • Muslims
      • Ethnic minorities
      • Religious minorities
      • Linguistic minorities
      • Majority
      • Asylum seekers
      • Lesbian, Gay, Bisexual and Transgender
      • Persons with disability
      • Africans/black people
      • National minorities

      Type (R/D)

      • Anti-migrant/xenophobia
      • Anti-semitism
      • Islamophobia
      • Afrophobia
      • Arabophobia
      • Anti-roma/zinghanophobia
      • Religious intolerance
      • Inter-ethnic
      • Intra-ethnic
      • Homophobia
      • On grounds of disability
      • On grounds of other belief
      • Anti-roma/ romaphobia
      • Xenophobia

      Key socio-economic / Institutional Areas

      • Anti-discrimination

      External Url http://www.yhdenvertaisuus.fi/welcome_to_equality_fi/

      See other countriesSee indicator history
    • Does legislation provide for the possibility of adopting special/positive measures prevent or compensate for disadvantages linked to racial or ethnic origin in order to ensure full equality in practice?

      Yes, the national law provides for the possibility of adopting positive measures.

      Qualitative Info

      The Non-Discrimination Act (Section 7) provides as follows: "This Act does not prevent specific measures aimed at the achievement of genuine equality in order to prevent or reduce the disadvantages caused by the types of discrimination referred to in section 6 (1). Positive discrimination must be appropriate to its objective."

      Groups affected/interested

      • Migrants
      • Refugees
      • Roma & Travelers
      • Muslims
      • Ethnic minorities
      • Religious minorities
      • Linguistic minorities
      • Majority
      • Asylum seekers
      • Lesbian, Gay, Bisexual and Transgender
      • Persons with disability
      • Africans/black people
      • National minorities

      Type (R/D)

      • Anti-migrant/xenophobia
      • Anti-semitism
      • Islamophobia
      • Afrophobia
      • Arabophobia
      • Anti-roma/zinghanophobia
      • Religious intolerance
      • Inter-ethnic
      • Intra-ethnic
      • Homophobia
      • On grounds of disability
      • On grounds of other belief
      • Anti-roma/ romaphobia
      • Xenophobia

      Key socio-economic / Institutional Areas

      • Anti-discrimination

      External Url http://www.finlex.fi/en/laki/kaannokset/2004/en20040021.pdf

      See other countriesSee indicator history
    • Are special/positive measures for securing advancement and protection of certain racial or ethnic groups widely adopted and implemented?

      No, positive measures are not widely adopted or implemented.

      Qualitative Info

      The Non-Discrimination Act (Section 4) provides for authorities' duty to foster equality. Authorties have a duty to purposefully and methodically foster equality and consolidate administrative and operational practices that will ensure the fostering of equality in preparatory work and decision-making. In particular, the authorities shall alter any circumstances that prevent the realization of equality. For this purpose, each authority is required to draw up a plan for the fostering of ethnic equality (equality plan), which must be as extensive as required by the nature of the work of the authority.

       

      Section 7 of the Non-Discrimination Act provides that any procedure based on an equality plan, and intended to implement the intention of this Act in practice is not considered discrimination. Accordingly, the authorities are well positioned to adopt and implement positive measures for securing advancement and protection of ethnic groups. However, only a few have done so.

       

      The Ministry of the Interior has set a positive example in its own equality plan. The Ministry's human resources strategy includes a commitment to positive measures in recruiting migrant employees and disabled people.

      Groups affected/interested

      • Migrants
      • Refugees
      • Roma & Travelers
      • Muslims
      • Ethnic minorities
      • Religious minorities
      • Linguistic minorities
      • Majority
      • Asylum seekers
      • Lesbian, Gay, Bisexual and Transgender
      • Persons with disability
      • Africans/black people
      • National minorities

      Type (R/D)

      • Anti-migrant/xenophobia
      • Anti-semitism
      • Islamophobia
      • Afrophobia
      • Arabophobia
      • Anti-roma/zinghanophobia
      • Religious intolerance
      • Inter-ethnic
      • Intra-ethnic
      • Homophobia
      • On grounds of disability
      • On grounds of other belief
      • Anti-roma/ romaphobia
      • Xenophobia

      Key socio-economic / Institutional Areas

      • Anti-discrimination

      External Url http://www.intermin.fi/intermin/biblio.nsf/E423E4FEEE788056C22575370045D11B/$file/372008.pdf

      See other countriesSee indicator history
    • Is the State or are state representatives reported to engage in discriminatory acts or practices by independent authoritative sources?

      Yes, there are few.

      Qualitative Info

      In 2009-2011, the European Court of Human Rights did not issue any judgements on Finland pertaining to discrimination on the grounds of age, disability, religion or belief, sexual orientation or racial or ethnic origin.

       

      In 2009-2012 the Parliamentary Ombudsman, which exercise oversight to ensure that public authorities and officials observe the law and fulfil their du­ties in the discharge of their functions, did not issue any reprimands concerning discrimination on the grounds of age, disability, religion or belief, sexual orientation or racial or ethnic origin.

       

      The Chancellor of Justice, which supervises the lawfulness of the actions of Government Ministers and public officials, as well as monitors the implementation of basic rights and liberties and human rights, issued altogether two decisions during that period.

       

      In one case, a civil servant of Occupational Safety and Health Authority had decided that discrimination on the ground of an employee's industrial activity does not constitute discrimination as prohibited in the Non-Discrimination Act. In a decision issued on 30.09.2009, the Chancellor of Justice notified the Occupational Safety and Health Authorities of the correct interpretation of the Non-Discrimination Act.  The Chancellor of Justice pointed out that the list of prohibited grounds in the Non-Discrimination Act also contains the notion of "other comparable reason", which is to be interpreted in the light of the Constitution of Finland and the EU race and employment equality directives. Accordingly, the Chancellor of Justice decided that industrial activity constitutes a prohibited ground of discrimination. (OKV/1233/1/2007).

       

      In another case, a city had placed a job advertisement seeking for an employee who was a resident of the municipality. In a decision issued on 01.07.2009, the Chancellor of Justice informed the city council that the advertisement infringed the prohibition of discrimination as provided in the Non-Discrimination Act and in the Constitution of Finland. (OKV/250/1/2007).

      Groups affected/interested

      • Majority

      Key socio-economic / Institutional Areas

      • Anti-discrimination

      External Url http://www.finlex.fi/fi/viranomaiset/foka/

      See other countriesSee indicator history
    • Is legal support for victims available from public agencies/bodies? Is there access for victims to assistance and justice?

      Yes, legal support is available.

      Qualitative Info

      Legal support is best available for victims of ethnic discrimination, since they can contact the Office of the Ombudsman for Minorities. The Ombudsman for Minorities offers advice, guidance and takes action when necessary. He/she may assist in filing a complaint to the National Discrimination Tribunal, help to seek legal aid from public legal aid offices and private lawyers. As a rule, the Office of the Ombudsman for Minoritites does not give any legal aid, but in an exceptional case he/she may aid a customer subjected to discrimination in court. This requires that the case is of great importance from the viewpoint of preventing ethnic discrimination.

      All victims of discrimination and work discrimination may report the case to the police for investigation. Discrimination and work discrimination are offences subject to public prosecution, and the victim is entitled to legal aid for court proceedings from the public legal aid office.  In addition, all victims of discrimination, may contact the public legal aid offices for advice and support.

      In employment discrimination, the victims may also contact the Occupational Safety and Health Authorities for support and advice. If the Occupational Safety and Health Authorities consider that there are propable grounds to suspect that work descrimination, as defined in the Criminal Code, has taken place, they must report it to the public prosecutor for consideration of charges. In cases where there are grounds to suspect that work discrimination, as defined in the Non-Discrimination Act, has taken place, the Occupational Safety and Health Authorities will advice the victim how to initiate civil proceedings and obtain legal aid.

      Groups affected/interested

      • Migrants
      • Refugees
      • Roma & Travelers
      • Muslims
      • Ethnic minorities
      • Religious minorities
      • Linguistic minorities
      • Majority
      • Asylum seekers
      • Lesbian, Gay, Bisexual and Transgender
      • Persons with disability
      • Africans/black people
      • National minorities

      Type (R/D)

      • Anti-migrant/xenophobia
      • Anti-semitism
      • Islamophobia
      • Afrophobia
      • Arabophobia
      • Anti-roma/zinghanophobia
      • Religious intolerance
      • Inter-ethnic
      • Intra-ethnic
      • Homophobia
      • On grounds of disability
      • On grounds of other belief
      • Anti-roma/ romaphobia
      • Xenophobia

      Key socio-economic / Institutional Areas

      • Anti-discrimination

      External Url www.ofm.fi / www.syrjintalautakunta.fi / www.tyosuojelu.fi

      See other countriesSee indicator history
    • Does the law foresee the shift of the burden of proof in civil / administrative procedures? Are there problems of implementation reported by independent authoritative sources?

      Yes, national law contains a provision on reversed burden of proof. The problems have most to do with the lack of cases in courts.

      Qualitative Info

      The Non-Discrimination Act (Section 17) provides: "During the hearing of a case as referred to in this Act, when a person who considers himself to have been a victim of discrimination as referred to in section 6 establishes before a court of law or other competent authority information from which it may be presumed that the prohibition of discrimination has been infringed, the defendant must demonstrate that the prohibition has not been infringed. This provision does not apply to criminal cases."

       

      No assessment of implementation regarding the reversed burden of proof has been carried out. One problem is that the number of discrimination cases handled in courts and by the National Discrimination Tribunal of Finland is low.

       

      In 2007, in its third report on Finland, ECRI noted that the provisions establishing a shared burden of proof, coupled with the availability of accessible avenues for redress represented by the Ombudsman for Minorities and the National Discrimination Tribunal of Finland, have resulted in better access to justice for victims of discrimination. However, although information is available on the cases of discrimination dealt with by these institutions, there is no comprehensive picture is available at present on the overall implementation of the Non-Discrimination Act, including for instance, the extent to which claims for compensation have been filed with and awarded by the courts and the number of cases dealt with by the Occupational Health and Safety Authority under the non-Discrimination.

      Groups affected/interested

      • Migrants
      • Refugees
      • Roma & Travelers
      • Muslims
      • Ethnic minorities
      • Religious minorities
      • Linguistic minorities
      • Majority
      • Asylum seekers
      • Lesbian, Gay, Bisexual and Transgender
      • Persons with disability
      • Africans/black people
      • National minorities

      Type (R/D)

      • Anti-migrant/xenophobia
      • Anti-semitism
      • Islamophobia
      • Afrophobia
      • Arabophobia
      • Anti-roma/zinghanophobia
      • Religious intolerance
      • Inter-ethnic
      • Intra-ethnic
      • Homophobia
      • On grounds of disability
      • On grounds of other belief
      • Anti-roma/ romaphobia
      • Xenophobia

      Key socio-economic / Institutional Areas

      • Anti-discrimination

      External Url http://hudoc.ecri.coe.int/XMLEcri/ENGLISH/Cycle_03/03_CbC_eng/FIN-CbC-III-2007-23-ENG.pdf

      See other countriesSee indicator history
    • Can associations, organisations or other legal entities, who have a legitimate interest, engage, either on behalf or in support of the complainant, with his or her approval, in any judicial and/or administrative procedure concerning discrimination?

      No, associations, organisations and other legal entities have a limited role.

      Qualitative Info

      Associations or organisations working for the benefit of victims do not have any major role in judicial or administrative procedures. They have a general right to request a statement on the interpretation of the Non-Discrimination Act from the Discrimination Tribunal in matters pertaining to ethnic discrimination. They do not have the right to take a case to court or to the Tribunal, not even with the consent of the complainant. Furthermore, they cannot become third parties to such proceedings. This state of affairs arises from the national legislation on rules of procedure. However, the rules allow any lawyer to represent a claimant with his/her approval, and to provide assistance, such as legal advice. Accordingly, lawyers working for an organisation or association may represent a claimant under general rules of representation and procedure.

      Groups affected/interested

      • Migrants
      • Refugees
      • Roma & Travelers
      • Muslims
      • Ethnic minorities
      • Religious minorities
      • Linguistic minorities
      • Majority
      • Asylum seekers
      • Lesbian, Gay, Bisexual and Transgender
      • Persons with disability
      • Africans/black people
      • National minorities

      Type (R/D)

      • Anti-migrant/xenophobia
      • Anti-semitism
      • Islamophobia
      • Afrophobia
      • Arabophobia
      • Anti-roma/zinghanophobia
      • Religious intolerance
      • Inter-ethnic
      • Intra-ethnic
      • Homophobia
      • On grounds of disability
      • On grounds of other belief
      • Anti-roma/ romaphobia
      • Xenophobia

      Key socio-economic / Institutional Areas

      • Anti-discrimination

      External Url http://www.migpolgroup.com/public/docs/196.2010_FINLAND_Countryreportonmeasurestocombatdiscrimination_EN.pdf

      See other countriesSee indicator history
    • Is class action or actio popularis possible? (court claims or action in the name of a group)

      No, class action is not possible in discrimination cases.

      Qualitative Info

      The Act on Class Action applies only to the hearing of a civil case between a consumer and a business as a class action.

      Groups affected/interested

      • Migrants
      • Refugees
      • Roma & Travelers
      • Muslims
      • Ethnic minorities
      • Religious minorities
      • Linguistic minorities
      • Majority
      • Asylum seekers
      • Lesbian, Gay, Bisexual and Transgender
      • Persons with disability
      • Africans/black people
      • National minorities

      Type (R/D)

      • Anti-migrant/xenophobia
      • Anti-semitism
      • Islamophobia
      • Afrophobia
      • Arabophobia
      • Anti-roma/zinghanophobia
      • Religious intolerance
      • Inter-ethnic
      • Intra-ethnic
      • Nationalism
      • Homophobia
      • On grounds of disability
      • On grounds of other belief
      • Anti-roma/ romaphobia
      • Xenophobia

      External Url http://www.migpolgroup.com/public/docs/196.2010_FINLAND_Countryreportonmeasurestocombatdiscrimination_EN.pdf

      See other countriesSee indicator history
    • Are sanctions foreseen/provided by anti-discrimination legislation?

      Yes, the national anti-discrimination legislation provides for sanctions.

      Qualitative Info

      The Non-Discrimination Act (Section 13) provides that the Discrimination Tribunal of Finland may prohibit the continuation or repeat of discriminatory conduct and impose a conditional fine to enforce the decision. Section 9 provides that genral courts may order a maximum of 15.000 euro in compensation for the victim of discrimination. 

      The Criminal Code provides that discrimination and work discrimination offences are punishable with a fine or imprisonment for at most six months. Extortionate work discrimination is punishable with a fine or imprisonment for at most two years.

      Groups affected/interested

      • Migrants
      • Refugees
      • Roma & Travelers
      • Muslims
      • Ethnic minorities
      • Religious minorities
      • Linguistic minorities
      • Majority
      • Asylum seekers
      • Lesbian, Gay, Bisexual and Transgender
      • Persons with disability
      • Africans/black people
      • National minorities

      Type (R/D)

      • Anti-migrant/xenophobia
      • Anti-semitism
      • Islamophobia
      • Afrophobia
      • Arabophobia
      • Anti-roma/zinghanophobia
      • Religious intolerance
      • Inter-ethnic
      • Intra-ethnic
      • Homophobia
      • On grounds of disability
      • On grounds of other belief
      • Anti-roma/ romaphobia
      • Xenophobia

      Key socio-economic / Institutional Areas

      • Anti-discrimination

      External Url http://www.finlex.fi/en/laki/kaannokset/2004/en20040021.pdf / http://www.finlex.fi/en/laki/kaannokset/1889/en18890039.pdf

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    • Is there provision within anti-discrimination legislation/practice forfinancial compensation/restitution of rights and are these applied in practice?

      Yes, there is a provison on compensation in the Non-Discrimination Act.

      Qualitative Info

      The Non-Discrimination Act (Section 9) provides that genral courts may order a maximum of 15.000 euro in compensation for the victim of discrimination. In addition, payment does not preclude an injured party claiming damages under the Tort Liability Act or other legislation. For example, a victim of work discrimination may also claim damages for wrongful termination of his/her employment contract under the Employments Contract Act.

       

      During 2009-2011, there have been a few cases in which the court has ordered compensation for the victim of discrimination. The amount of compensation in both discrimination in employment and provision of services ranges between 5000 to 10000 euro. (Source: forthcoming publication by Finnish League for Human Rights).

      Groups affected/interested

      • Migrants
      • Refugees
      • Roma & Travelers
      • Muslims
      • Ethnic minorities
      • Religious minorities
      • Linguistic minorities
      • Majority
      • Asylum seekers
      • Lesbian, Gay, Bisexual and Transgender
      • Persons with disability
      • Africans/black people
      • National minorities

      Type (R/D)

      • Anti-migrant/xenophobia
      • Anti-semitism
      • Islamophobia
      • Afrophobia
      • Arabophobia
      • Anti-roma/zinghanophobia
      • Religious intolerance
      • Inter-ethnic
      • Intra-ethnic
      • Homophobia
      • On grounds of disability
      • On grounds of other belief
      • Anti-roma/ romaphobia
      • Xenophobia

      Key socio-economic / Institutional Areas

      • Anti-discrimination

      External Url http://www.finlex.fi/en/laki/kaannokset/2004/en20040021.pdf

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    • Are there any problems concerning the implementation of national legislation prohibiting discrimination?

      Yes.

      Qualitative Info

      There are surprisingly few current references to problems in the implementation of national legislation prohibiting discrimination in authoritative sources. The most significant are the following:

       

      In 2007, in its second report on Finland, ECRI recommended that Finland improve the implementation of existing civil and administrative law provisions, especially as concerns employment and public authorities' compliance with their duty to promote equality.

       

      In its concluding observations, the Committee on the Elimination of Racial Discrimination recommends intensification of efforts to combat discrimination against persons of foreign origin. In particular, Finland should further improve the effectiveness of its legislation and policies aimed at eliminating discrimination in the labour market and improve employment opportunities for persons with immigrant backgrounds. In addition, the Committee recommends that Finland ensures compliance with the law against discrimination in the allocation of housing.

      Groups affected/interested

      • Migrants
      • Refugees
      • Roma & Travelers
      • Muslims
      • Ethnic minorities
      • Religious minorities
      • Linguistic minorities
      • Majority
      • Asylum seekers
      • Lesbian, Gay, Bisexual and Transgender
      • Persons with disability
      • Africans/black people
      • National minorities

      Type (R/D)

      • Anti-migrant/xenophobia
      • Islamophobia
      • Afrophobia
      • Arabophobia
      • Anti-roma/zinghanophobia
      • Anti-roma/ romaphobia
      • Xenophobia

      Key socio-economic / Institutional Areas

      • Anti-discrimination

      External Url http://hudoc.ecri.coe.int/XMLEcri/ENGLISH/Cycle_03/03_CbC_eng/FIN-CbC-III-2007-23-ENG.pdf

      See other countriesSee indicator history
    • Has there been a thorough evaluation/assessment of the effectiveness of the national implementation of EU Anti-discrimination Directives?

      No evaluation has been carried out.

      Qualitative Info

      N/A

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  • Policing - Law Enforcement - Justice
  • Employment
  • Housing & Segregation
  • Education
  • Health And Social Protection
  • Political & Civic Participation
  • Public Life, Culture, Sport & Media