| Click here for a summary of Finland’s review at the second cycle and/or the third cycle. |
1st UPR session
Date of review: 9 April 2008
Date of report adoption: 23 May 2008
Document number: A/HRC/8/24
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SUMMARY SOGIESC issues during Finland’s 1st UPR review |
I. SOGIESC issues/recommendations identified by NGOs
Constitutional and legislative framework
6. Both VIKE and the National Organisation for Lesbian, Gay, Bisexual and Transgender Rights in Finland (Seta ry) were concerned that the scope and application of domestic legislation concerning equality and legal remedies were much more comprehensive in the case of discrimination based on ethnic origin than on the other grounds of disability and sexual orientation.
Non-discrimination and equality
16. Furthermore, VIKE and Seta ry 28 clarified that the Equality Act covers discrimination on the grounds of disability and sexual orientation in the fields of employment and education but cases concerning, inter alia, provision of services and health care, fall outside the scope of its application. […]
17. Seta ry stated that there is clear evidence that discrimination based on sexual orientation and gender identity is a substantial problem in Finland. This organization reported that the two key pieces of legislation governing discrimination based on sexual orientation: the Equality Act (2004) and the Act on Equality between Women and Men (1986/2005) are currently under review. Seta ry was of the view that the Act on Equality between Women and Men should be rewritten to specify to what extent it and the work and powers of the gender equality body (Ombudsman for Gender Equality) cover transgender people other than transsexuals.
18. Effective anti-discrimination policy, including sufficient support systems and prevention programmes, can only be based on adequate information on discrimination in society, Seta ry affirmed. It identified fields where there is a shortage of information and research. They included: the risk of Lesbian, Gay, Bisexual and Transgender (LGBT) people committing suicide; access to health care and health care information, (other than HIV and related issues); the prevalence of homo- and transphobic hate crimes in Finland; the prevalence of domestic violence by and against LGBT people (no support phone services or shelters for victims of violence are openly welcoming LGBT clients); the prevalence of harassment in primary and secondary school system; the special needs of elderly LGBT people; the special needs of disabled LGBT people; and the prevalence of multiple discrimination, for example discrimination simultaneously based on ethnic background and homosexuality.
Right to privacy, marriage and family life
29. In 2006 a new law on assisted insemination was passed in the Parliament, noted Seta ry, which, allows on the one hand, treatments of single women and lesbian couples, and on the other hand makes surrogacy illegal. Seta ry commented on the legal framework regulating adoption, noting that the social parent of a child cannot become a legal parent through adoption if s/he is of the same sex as her/his partner, (see, Act on Registered Partnerships, Section 9). In the view of Seta ry, children in these types of families are discriminated against on the basis of their parents’ sexual orientation or gender identity, as these children are not entitled to the law binding parental protection such as welfare, support and heritage from both of their parents, unlike the children of different sex parents. Moreover, these families are not entitled to same public services and benefits as their family is not recognized in the law. According to Seta ry, the current government has announced plans to make so called internal adoption available in registered partnership. This legislative move would enable the registered partner to adopt her/his partner’s child and would solve some of the most acute problems but there is no guarantee though that the government’s plan will become a law.
Right to social security and to an adequate standard of living
34. The fundamental rights situation of a child born with “unclear” sex is problematic in Finland, noted Seta ry. A common medical practice is to commit surgeries and other treatments in order to reconstruct the children’s sex as female or male. Seta ry suggested that not all treatments are necessarily based on medical reasons and that Finland should take all necessary legislative, administrative and other measures to ensure that no child’s body is irreversibly altered by medical procedures in an attempt to impose a gender identity without the full, free and informed consent of the child in accordance with the age and maturity of the child and guided by the principle that in all actions concerning children, the best interests of the child shall be a primary consideration. Additionally, it reported that considerable local variation is found in the level and quality of treatment and support for transgender and intersex people, especially gender variant children and transgender teenagers. They are often treated by professionals who have insufficient knowledge on gender variance and no state authority has currently taken adequate responsibility for ensuring that the services should be equally efficient and of high quality throughout the country.
48. Seta ry explained that the human rights situation of the LGBT people in Finland has been improving, particularly during the last 35 years, since homosexuality was decriminalized in 1971.
II. Excerpts on SOGIESC issues from the national report
Thematic human rights issues in Finland’s pledges and commitments
95. […] A national monitoring report published in June 2007 showed that also elderly people, persons with disabilities and sexual minorities meet discrimination.
97. On 25 January 2007 the Ministry of Justice set up a committee to reform the non-discrimination legislation. The purpose is to strengthen the guarantees of non-discrimination by making the legislation cover more clearly all grounds of discrimination, apply more uniformly to all spheres of life and provide for the most uniform possible legal remedies and sanctions for different instances of discrimination. During the reform process the committee will, to the extent possible, also revise the position, duties and powers of the authorities currently responsible for discrimination matters. In this connection, account will be taken of both the current national supervision of basic and human rights as an entirety and the international requirements imposed on such supervision. On 8 February 2008 the reform committee submitted to the Ministry of Justice an interim report on the needs and options for reforming the equality and non-discrimination legislation. The committee suggests that the time limit for preparing the reform proposal be extended until 30 September 2009.
98. The year 2007 was the European Year of Equal Opportunities for All. During that year Finland focused on improving the visibility of discrimination issues and minorities, promoting equality and diversity in arts, culture and sports, addressing discrimination and diversity issues at work and implementing the rights of different groups. As part of the theme year Finland studied different organisations’ views on problems connected with the realisation of equality and on means to eliminate them. The study was intended to inspire public discussion about how to encourage groups experiencing discrimination to participate more in societal activity. This project was also a test intended to support interaction between citizens and public administration. An inventory of unrealised rights was made by hearing organisations at ten meetings. The main problems with equality recognised at these meetings concerned the position of children and aged people, immigrants and the Sámi and Roma minorities. Gender and sexual minorities, too, often face discrimination or experience that they are invisible in society. Although the non-discrimination legislation has taken great steps forward in the last few years, organisations report defects in the activities of non-discrimination institutions. Compliance with non-discrimination legislation is supervised by a number of ombudsmen and boards, but organisations consider that the activities should be further supplemented.
99. Finland has taken an active part in the implementation of the Community Action Programme to Combat Discrimination and, among other things, been carrying out a national antidiscrimination campaign since 2001. This campaign has been planned and carried out in cooperation between the relevant ministries, the Finnish Defence Forces, the relevant advisory boards, umbrella organisations for groups vulnerable to discrimination, and the Sámi Parliament. The campaign has produced a great amount of anti-discrimination material for information and training, and arranged training programmes, seminars and a Diversity Day Conference as its main event annually. The campaign maintains a non-discrimination portal at web address www.equality.fi, containing e.g. a data base on non-discrimination trainers, tools for assessment and self-assessment, research information, training material and other material.
104. Training is provided to the police in order to improve their capacity of identifying racism and discrimination and giving advice, and to enhance their practices for recording reports on racism and discrimination. The basic training of police officers includes sections dealing with racism and measures of the police due to racist offences, and it emphasises the objectives of the non-discrimination principle. The final stage of the basic training includes separate lectures on racist offences against foreigners or minorities. The police have knowingly tried to increase the number of police officers with an ethnic background by targeting recruitment to different minority groups and providing information on seeking a police officer’s career and work.
E. COMMITMENTS
152. The Finnish human rights philosophy is essentially based on the aim to ensure an equal implementation of rights irrespective of origin, gender, age, religion, opinion, disability, sexual orientation or the like.
III. Excerpts on SOGIESC issues by UN agencies
Constitutional and legislative framework
4. Five treaty bodies welcomed recent legislative and other measures taken by Finland, including: the adoption of the Non Discrimination Act, which bans all direct or indirect discrimination based on age, ethnic or national origin, nationality, language, religion, beliefs, opinions, health, disability and sexual orientation and places the burden of proof before the courts on the defendant […]
IV. References to SOGIESC issues during the Working Group review
23. Belgium noted the criticism of some NGOs regarding the scope of application of the domestic legislation in the field of non-discrimination and equality and the legal remedies that are said to be much more comprehensive in the case of discrimination on the basis of ethnic origin in comparison to other grounds such as disability and sexual orientation. Belgium asked whether the delegation of Finland could confirm this analysis and what it was planning to do to remedy this situation.
30. The Netherlands […] It welcomed the inclusion of sexual orientation in Finland’s human rights legislation and anti-discrimination training activities and recommended that the same coverage be provided for the ground of sexual orientation and disability, as for other grounds of discrimination, for example in areas such as the provision of services and health care.
33. […] The delegation explained that Finland’s human rights philosophy of sexual orientation was essentially based on the aim to ensure an equal implementation of rights regardless of origin, gender, age, religion, opinion, disability, sexual orientation or the like. Finland was of the opinion that the principles of universality and non-discrimination require that due attention should be paid to human rights violations based on sexual orientation and gender identity. The Finnish Constitution stressed that everyone is equal before the law and sexual orientation falls clearly under the Constitutional provisions prohibiting discrimination and also that such discrimination was further prohibited in several Acts, such as the Criminal Code which clearly mentioned sexual orientation and gender.
43. […] Slovenia welcomed the inclusion of sexual orientation in Finland’s human rights legislation and anti-discrimination training activities. Slovenia recommended that the same coverage be provided for the grounds of sexual orientation and disability as for other grounds of discrimination, for example in areas such as the provision of services and health care. Slovenia also commended Finland on its commitment to strengthen protection and respect for all persons based on sexual orientation or gender identity. Slovenia recommended to consider using the Yogyakarta Principles on the Application of International Human Rights Law in relation to sexual Orientation and Gender Identity as a guide to assist in its policy development and would welcome Finland’s views on that.
V. Conclusions and/or recommendations
Finland accepted the following recommendations:
7. To provide the same coverage in national legislation and anti-discrimination training activities for the grounds of sexual orientation and disability as for other grounds of discrimination, for example in areas such as the provision of services and health care (Netherlands)
7. To provide the same coverage in national legislation and anti-discrimination training activities for the grounds of sexual orientation and disability as for other grounds of discrimination, for example in areas such as the provision of services and health care (Slovenia)
7. To consider using the Yogyakarta Principles on the Application of International Human Rights Law in relation to Sexual Orientation and Gender Identity as a guide to assist in its policies development (Slovenia)
VI. Further information
You will find all documents relating to Finland’s first review at UPR-Info and OHCHR’s websites.