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COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS CONSIDERS REPORT OF FINLAND
07 May 2007
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Committee on Economic, Social and Cultural Rights
7 May 2007
The Committee on Economic, Social and Cultural Rights has considered the fifth periodic report of Finland on how that country implements the provisions of the Convention on Economic, Social and Cultural Rights.
Arto Kosonen, Director at the Ministry for Foreign Affairs of Finland and head of the delegation, introducing the report, said Finland supported the drafting of an Optional Protocol to the Covenant, establishing an individual complaints mechanism. In general, this kind of mechanism would certainly contribute to the interpretative formation of the bulk of the relevant rights. According to the brand-new Government programme, the underlying values were a balance between man and nature, responsibility and freedom, caring and rewarding, and education and competence. The programme guaranteed all citizens the right to influence, participate in and be included in decision-making. A new sense of community was presupposed. Continuing to build Finland’s welfare society, the Government sought to clarify the division of responsibilities between individuals, communities and society as a whole.
Among questions and issues raised by Experts was the exemplary way in which Finland had worked on the justiciability of economic, social and cultural rights, including working on the elaboration of an Optional Protocol; a request for case law on economic, social and cultural rights that had been justiciable with regards to children, the elderly, the disabled and migrants; why there was no act on minimum pay despite Committee recommendations to this effect and how decent living was guaranteed to everyone in this context; the issue of temporary contracts as an instrument to tackle unemployment which tended to create a lot of insecurity in the field of unemployment, whether there was any supervision and control of these contracts, and what form that supervision took; and why 50 per cent of Roma children were in special learning institutions.
In concluding remarks, Mr. Kosonen said it had been a great pleasure to be present at the Committee. Economic, social and cultural rights came forward more and more nowadays, and Finland used a coherent approach to all human rights, which were indivisible, supplemented each other, and whole in their entirety. This was reflected in the new Constitution, and should be reflected in all of Finland’s activities. If there were some defects, Finland was happy that these be brought forward. It would examine all comments and recommendations thoroughly, and make them available to all Ministries and non-governmental organizations.
Also among the delegation were representatives of the Parliament of Finland, the Ministry of Justice, the Ministry of Education, the Ministry of Social Affairs and Health, the Ministry of Labour, the Ministry of the Interior, and the Permanent Mission of Finland to the United Nations Office at Geneva.
The concluding observations and recommendations of the Committee on the report of Finland will be issued towards the end of the session, which concludes on Friday, 20 May.
When the Committee next meets in public at 3 p.m. on Tuesday, 8 May, it will start its consideration of the initial report of Latvia (E/1990/5/Add.70).
Report of Finland
The fifth periodic report of Finland (E/C.12/FIN/5) covers the period from July 1999 to May 2005. The national strategic planning system in the field of social welfare and health care was reformed at the beginning of 1999, whereby the earlier yearly national plans were replaced with four-year target and action plans corresponding to the term of office of the Government. Thus, the existing Target and Action Plan for Social Welfare and Health Care applies to the years 2004-2007. During the period of time covered by the present report, the system of state subsidies for social welfare and health care projects has been revised so that since 2003, it has been possible to provide financial support for projects of developing the provision of services by local authorities and joint municipal boards.
According to section 109 of the Constitution, the duties of the Parliamentary Ombudsman include the supervision of the implementation of fundamental freedoms and human rights. The assessment of respect by public authorities for the fundamental rights and freedoms guaranteed by the Constitution and for the human rights based on international conventions, is part of this supervision. The Minority Ombudsman Act (660/2001) entered into force on 1 September 2001, replacing the earlier Act on the Ombudsman for Aliens. In accordance with Prime Minister Matti Vanhanen’s Government’s political programme of 24 June 2003, the Government intends to submit a report to Parliament on the Government’s disability policy before the end of the term of Government. The report will cover all sectors of administration.
As of 1998, Parliament has been informed of the priorities of the Government’s human rights policy. This has taken place, in the beginning through reports submitted by the Minister for Foreign Affairs to Parliament’s Foreign Affairs Committee, and later through Government reports. In the preparation of the report, trade unions and non-governmental organizations have been provided with an opportunity to present their views on the implementation of the Government’s obligations under the Covenant during the reference period. The provisions of law on equality and the prohibition of discrimination play an important role in the fundamental rights system of Finland. Since the submission of the previous periodic report, the flexibility of the health care system and the patients’ rights in Finland have been significantly improved, among others, by setting maximum periods of time within which the need of care must be assessed and, where necessary, access to care must be provided.
Presentation of Report
ARTO KOSONEN, Director at the Ministry for Foreign Affairs of Finland, introducing the report, said he would mainly and briefly point out some legislative and administrative changes that had taken place or would be taking place during the two years that had passed since the end of the reporting period. Finland supported the drafting of an Optional Protocol to the Covenant, establishing an individual complaints mechanism. In general, this kind of mechanism would certainly contribute to the interpretative formation of the bulk of the relevant rights. According to the brand-new Government programme, the underlying values were a balance between man and nature, responsibility and freedom, caring and rewarding, and education and competence. The programme guaranteed all citizens the right to influence, participate in and be included in decision-making. A new sense of community was presupposed. Continuing to build Finland’s welfare society, the Government sought to clarify the division of responsibilities between individuals, communities and society as a whole.
The Ministry of Justice had set up a committee on equality to make a proposal for comprehensive equality legislation. The objective of the Employment Policy Programme was to reinforce the Government’s political steering in matters concerning several ministries and to make the Council of State’s inter-administrative preparation more efficient, and with the priority of lowering structural unemployment and increasing the supply of labour force. The Act on the Reform of the Structure of Municipalities and Services entered into force in February 2007, with the core being to guarantee the access of people to services of the same quality in all the regions of the country. Decreasing violence was set as one of the objectives of both the previous and current Government programmes, with many of the measures concentrating on reducing violence against women.
A comprehensive cross-sectoral national plan of action against trafficking in human beings had been finished in 2005, and relevant ministries had drawn their own more detailed plans of action. The Constitution guaranteed the right to basic education free of charge. The education policy was to ensure that the education system guaranteed equal opportunities for all children in basic education. Realising basic educational security was one element in successful prevention of exclusion. In April 2005, the Minister of Culture had initiated a project for reviewing the ethics and ethical dimensions of cultural policy, with cultural rights as a starting point. The project analysed documents influencing cultural policy; several initiatives had been taken for creating international indicators of cultural policy ethics, which policy was described through the notion of “fair culture”.
Questions by Experts
Taking up Covenant articles one to five, Experts raised a wide range of questions and issues, including the applicability of the Covenant and the need for examples of cases in which articles of the Covenant had been invoked in the courts; land issues with the indigenous Sami population who had great problems in asserting their rights and what the most recent developments were; the exemplary way in which Finland had worked on the justiciability of economic, social and cultural rights, including working on the elaboration of an Optional Protocol; how the State party intended to achieve the objective of percentage of GDP to be used for international aid development; to what extent the Covenant had been relevant to policy makers; a request for case law on economic, social and cultural rights that had been justiciable with regards to children, the elderly, the disabled and migrants; issues connected to the Minorities Ombudsman’s role and mandate and whether societal attitudes towards different kinds of people living in the country had changed, and whether the Ombudsman’s efforts had succeeded in this regard; what was the role of the Sami population in the brand-new Government programme, in particular with regards to the “balance of man and nature”; and Finland’s position on the establishment of a National Human Rights Institution.
Response by Delegation
Responding, the delegation said with regards to the Sami, there had maybe been a slight misunderstanding in the text of the answers with regards to the definition of the Sami. The land issue question had not yet been solved, for a range of reasons, although the Government had continuously worked on the matter, and there had been negotiations for a solution between the Ministry of Justice and the Sami Parliament, and a range of issues had been raised. The Sami indigenous culture was promoted as a starting point for solving the problem, as this culture had been specifically guaranteed by the Constitution. The Sami were able to use all natural resources when it came to their ancient forms of livelihoods. The current aim was to find a balanced legislative solution that was in conformity with Finland’s international obligations, with the basic idea being to guarantee that local people as well as the Sami had equal say on the arrangements of their living areas. The right of the Sami to maintain their own language and culture was secured by their right to do so as protected through the Constitution, and this protected their right to use the land in their home area.
Mr. Kosonen said that there were often one or two cases before the Human Rights Committee presented by Sami, and this was currently the case with regards to forestry issues in the North. The Government was of the opinion that domestic remedies should be tried first.
With regards to development cooperation, the delegation said that the new Government programme confirmed the allocation for development cooperation which would bring Finland closer to the goal of percentage of GDP as set by the United Nations. Finland concentrated on fewer countries and larger entities in the context of its cooperation, in order to improve the effectiveness of this. Finland had eight long-term partner countries, and also supported three countries in transition as well as various other countries. Finland also supported regional cooperation in Asia, Africa and Latin America. Finland financially supported Finnish non-governmental organizations working with development cooperation and development activities.
On the role of the Ombudsman, the office had a lot of powers and could even press charges, Mr. Kosonen said. The Ombudsman was not just a mediator, but could not overturn the judgements of the courts, nor interfere in pending cases, he said. The court system was independent, the delegation said, and the Supreme and High Courts were the highest bodies. The Chancellor of Justice was an instrument to supervise legality, and his role was very different from the judicial organs. He took care of the legality control of the Government, and had the power to levy charges on civil servants for misconduct, but could not overturn judgements. On the applicability of the Covenant in the courts, the Covenant had been referred to, but not specific articles as such, however, this assertion would later be verified.
On discrimination, there had been a wide number of projects, with a great amount of work on different measures, based systematically on long-term planning, with a campaign to enhance tolerance between the different groups, the delegation said. Work was done to prevent discrimination and promote equality, on the understanding that acceptance was best for all. There had, however, been some problems, in particular with regards to the Roma, who had frequently contacted the Minorities Ombudsman with regards to a wide range of issues including education, housing and employment. After the Non-Discrimination Act came into force, the responsibilities of the Ombudsman had increased every year, with it becoming ever more visible nationally.
The problem of inequality among university professors had been discussed, and research was going on at the moment, the delegation said. The Ombudsman issued a wide number of opinions every year on social and health welfare, and these were taken into account in the developing plans of the Government and could also lead to legislation or recommendations for municipalities. On best practices regarding economic, social and cultural rights and their justiciability, one aspect of best practice was the inclusion of these rights in the Constitution in 1995 during constitutional reform. The right to basic education free of charge and to receive indispensable subsistence and care were also included. The administrative authorities and supervisors of non-discrimination were various, and had various powers and means for monitoring. There were also differences in legal remedies for the consequences of discrimination.
Finland had and would continue to support the draft Optional Protocol to the Covenant, Mr. Kosonen said, and would continue to actively participate in the drafting. All human rights were taken seriously and holistically, and Finland was part of the Revised Social Charter. It was party to Protocol number 12 of the European Convention on Human Rights which forbade all forms of discrimination. On the meaning and significance of the Minority Ombudsman, there had been a review of the National Convention on the Rights of Minorities, and various suggestions for modifications had been made. The attitude of society was that progress had been made on this topic. The Ombudsman only took care of ethnic minorities, Mr. Kosonen noted. The concept of “man and nature” was related to the anniversary of Finland’s independence and its concept of the new nature of its society. On a National Human Rights Institution, there had been some discussion of this, and these would continue in the near future. Finland had many different human rights institutions, including the Parliamentary Ombudsmen and various committees.
Finland followed the development of the situation in the Western Sahara through the Common Development Policy of the European Union, the delegation said. Education could be in Sami, Roma or sign language, Mr. Kosonen said, and when educating students in their mother tongue, there were nine different curricula. There was one curricula which examined Finnish life, and immigrants had the option of studying this in their mother tongue, as well as studying their own language.
Questions by Experts
In follow-up questions, Experts asked what had stopped the Government from resolving the Sami land ownership issue; issues linked to Sami identity in the case of marriage with non-Sami; whether the Lutheran Church was part of the cause for Finland being a quiet country; whether the Sami could use privately-owned land for traditional purposes; whether Finland would consider a more proactive approach in relation to the best use being made of the official development assistance that it provided; and why the Ombudsman was not consistent with the Paris Principles.
Response by Delegation
Responding, Mr. Kosonen said the Government had always considered the Swedish minority to be a linguistic minority. The Government was considering giving the Ombudsman further powers, in particular with regards to the Convention against Torture, he said. With regards to settling the Sami problem, the delegation said that in the homeland area there were also other large groups of population living, including some which had reindeer-herding as their livelihood besides the Sami. Large parts of the Sami homeland were State-owned land, governed by a State agency, but there was also privately owned land. Further information in this regard would be provided in writing later. Sami did not lose Sami status even if they married a non-Sami. It was hoped that due to various programmes on education and employment that prejudice against the Roma would alleviate in the future.
On the position of men in Finland, gender policy also took this into account, the delegation said, and there were discussions of issues such as paternity leave and men’s health with regards to life expectancy.
Questions by Experts
Taking up articles six to 12 of the Covenant, Experts asked, among other things, why there was no Act on minimum pay despite Committee recommendations to this effect and how decent living was guaranteed to everyone in this context; issues linked to the queues for those waiting for particular health services, including orthopaedic and hearing services; a request for information on how many Finnish men took up paternity leave; unemployment of minority groups and what was being done in this regard; levels with regards to social benefits which apparently did not ensure a decent standard of living; the issue of temporary contracts as an instrument to tackle unemployment which tended to create a lot of insecurity in the field of unemployment, whether there was any supervision and control of these contracts, and what form that supervision took; why there was no domestic law against domestic violence and why no legislative reform of the Penal Code had taken place in this regard; issues linked to involuntary psychiatric confinement; why there was no specific reference to the rights to housing and to food in the Constitution; issues linked to violence against children, as they were often victims within the family of physical and sexual violence, and the need to protect them from corporal violence; and what was being done to ensure the supply of adequate housing, in particular with regards to those parts of the population who were habitually discriminated against.
On articles 13 to 15, Experts also asked questions related to the proportion of Roma students in secondary education and what was being done to reduce drop-out rates in this regard; issues related to the learning of languages in schools, in particular with regards to teaching of the Sami language to non-Samis; why 50 per cent of Roma children were in special learning institutions; and a request for more details on international indicators of cultural policy.
Response by Delegation
With regards to minimum wages, the delegation said in Finland working conditions were determined according to existing legislation, collective agreements, and the terms of individual work contracts, and there was no legislation on minimum wage. The industry-specific collective agreements determined the minimum wage, thus it was fair to say that the minimum wage system was included in legislation. Approximately three quarters of the Finnish labour market was covered under this system. If the employee was not bound by a normally-applicable collective agreement and a generally-applicable collective agreement had been agreed in the industry, then the minimum wage criteria specified in the latter would be applied. In practice, the system safeguarded the same minimum terms and the minimum level of employment regardless as to whether the employee worked for a unionised or non-unionised employer. The system did not allow free competition with regards to the terms of the work contract. The provisions on the minimum wage were also included under the Criminal Code, which also covered the issue of discrimination at work. A provision could become applicable if the employee was inappropriately convinced to agree to an unreasonably low wage.
On the fixed-term employment relationship, the delegation said that employment contracts were valid indefinitely, and this was the main type of employment contracts. A fixed-term employment contract required a valid reason from the employer, and there were specific grounds for these. If the employer had a permanent need for staff, the use of fixed-term contracts were not allowed. Entering into consecutive fixed-term contracts required a justified reason for each contract, and the employer should not be attempting to circumvent social protection norms. The position had to be temporary. A Working Group appointed by the Ministry of Labour had recently reviewed the use of the two different forms of contracts, and had not proposed any changes for the requirements in order to enter into a fixed-term contract, but had suggested improved monitoring.
The Integration Act provided for support to be given to asylum seekers, and the Ministry of Labour planned and steered the reception activities. Accommodation, securing livelihood and housing services were provided, with other services depending on the application. The aim was to support the capability of asylum seekers and prevent exclusion during the application process. When the applicants had received residence permits, they were entitled to various advantages, including under a plan meant to ease their integration into Finnish society, which included language courses. The results of the implementation of the current law on integration would be evaluated at the end of the year. In the new Government programme, the issue of integration was taken up, and it would be improved, including by adding language training, the delegation said.
With regards to waiting lists and the time persons wishing to access health care had to wait, Mr. Kosonen said that this was speeding up, and figures would be provided in the next report, as they would be with regards to paternity leave. On the work of the Roma, it was true that traditional types of work had diminished, but the Government was not collecting statistics in this regard, as it considered it a private issue. On domestic violence and whether there should be a penal reform in this regard, the delegation said that Finland liked to avoid double criminalisations. When it came to domestic violence, the general criminalisation was used. The general grounds could be applied to increase the severity of punishment for domestic violence cases if this had been repeated over several years or months. The Government felt that there was therefore no need for specific criminalisation of domestic violence. The decreasing of violence was an objective for the Government, and several programmes to this effect were being implemented, including one focussing on reducing violence against women and children. One of the aims of these programmes was to increase cooperation between the authorities dealing with this issue.
In response to the question on involuntary psychiatric treatment and whether there was a right to appeal against this treatment, the delegation said there was such a right, and the appeal went to the Administrative Court. On what defined a decent living, there was social assistance available to supplement incomes, as a last resource. The situation was such that there had been no changes in the social assistance system, but the employment situation had improved, and therefore the need for social assistance had diminished. On women leaders, there had been a gender gap, and a lot of attention had been paid to the issue. However, the gap was still there. The new Government had promised that special attention would be paid to women’s opportunities for leadership in both the public and private sectors.
On social and health services, the Government had concentrated on developing these, so that on the municipality level these were responsible for services as well as childcare. Child welfare measures required a case to be identified first, once families had been given the chance to improve the situation themselves. Financial, residential and non-residential services were all provided by the Government, the delegation said. If necessary, a child was taken into foster care. With regards to the right to food, the relevant provision in the Constitution provided that those who could not obtain the means necessary for a life of dignity had a right to receive indispensable subsistence and care, and this was interpreted as a last resort by social assistance. With regards to the right to housing, the Constitution included that everybody had this right, and the right to organise their own housing, guaranteeing all people residing permanently in Finland the opportunity for reasonable housing. Nationals had no subjective right to a dwelling, but disability and child interests were exceptions to this role. The Government had the aim of increasing moderately-priced housing and State-subsidised housing.
On the situation of the Roma in the housing market, the delegation said these lived in the same area as the general population, and were dependent on the public housing market, due to their often weak economic situation and traditional attitudes in the population. On genetically modified food, Finland followed the European Union norms concerning such forms, so there was a special committee which received applications for putting such types of food on the market. The Finnish part of the process was only one link in the chain. The Finnish approach to such types of food had been rather positive, as it could give new opportunities to agricultural production in the North, but it was ultimately up to the consumer as to whether they accepted such food or not.
On whether the penal code was severe enough on crimes due to discrimination, the delegation said there was an element of the Criminal Code that applied to discrimination; this also covered professional and commercial activities, and this could be used in situations in which the Roma were being discriminated against. With regards to the Sami issue, the Constitution provided for the Sami as an indigenous group. The Sami had ancient, immemorial rights to use lands, but other groups also in Lapland had the same rights to use the land, including for reindeer herding, and this had to be considered. The situation in Finland was such that health was endangered in particular by obesity and type-2 diabetes, smoking, alcohol, and tobacco abuse. With regards to obesity, there was a health promotion policy, which maintained that health should be maintained every day, less it disappear. The goal was to pay attention to health in all sectors and policies. Key priorities were physical exercise, with a focus on nutrition. Men’s smoking was decreasing, and women’s smoking was increasing. The restrictions on imports of alcoholic beverages had been eliminated in 1994. Alcohol consumption had risen to 10.3 litres per 100 habitants, with increased incidents of violence and other related problems. However, drug use had diminished.
Finland was the most rapidly aging country in Europe, the delegation said. On the other hand, the functional capacity of the elderly has improved. The aim of Finland’s policy for older people was to increase this latter, along with independence, and this was done in various ways including domestic care and social housing. On education and culture and the participation of Roma students in secondary education, their number was still quite low when compared to the majority population. Finland had free education and extensive social benefits for all, including the Roma pupils, including free warm school meals and subsidised travel to and from school. At the moment, adult Roma education was very popular, and it was believed and had been seen that educated parents caused educated children. More and more university students from Roma backgrounds were appearing, but there were no statistics in this regard.
Language training for Sami had been given increased funding this year. There was a need for Sami teachers outside the Sami area, as this was impeding the more wide-spread teaching of the language. Teaching Roma language was achieved by strengthening the service of teachers in language training. Every child should receive about three lessons a week in their mother tongue or home language, and this was supported by the State budget. With a view to making ethical choices visible, the “Fair Culture Review” had seven recommendations, one of which was that Finland take the initiative to create a Fair Culture Project in order to develop assessors and markers on such issues as cultural diversity. Mental disorders had become the major cause for work disability pensions. This was due to the destigmatisation of mental disorders rather than a change in society. Coverage of treatment had improved. Suicide mortality had decreased over past years, although it was still a relevant and severe problem in society.
The new Government intended to reform social security, the delegation said, and had three goals: to combat poverty; to guarantee an adequate social security; and to bear in mind that social security must also contain incentives to work. The balance between social security and working was thus very challenging and demanding. In the Government programme, there were some concrete points regarding minimum income. The Government had considered the ratification of the ILO Convention on the Rights of Migrant Workers, and had asked the opinions of various Ministries, Mr. Kosonen said, but the response had been negative, as it appeared that there were various other international Conventions that were more important in this respect. On the Ombudsman and his relationship to the Paris Principles, there were various ideas of how to fulfil the implementation of human rights, and one was to do so through an extensive Governmental role, the other through a single influential and wise institute. Finland was considering the issue, he said.
Questions by Experts
In follow-up questions, Experts asked, among other things, to what the Government attributed the fact that despite many legislative provisions, the phenomenon of trafficking continued; why there was a difference between the minimum age for sexual relations and the minimum age for marriage and on what rights-based perspective this was based; on what rights-based perspective same-sex marriages were allowed; whether the phenomenon of violence against women and children was being combated according to programmes suggested by the Ombudsman; the need for appropriate domestic legislation against violence in the family; if criminal sanctions for certain acts should be made more stringent; whether there was any protection of the respect and fulfilment of the right to housing; and what policy measures Finland had with regards to the right to food specifically and precisely.
Response by Delegation
Responding to these questions and others, the delegation said a lot had been done to combat the phenomenon of trafficking in human beings. Since 2004, 13 different cases of investigations of suspected crimes of trafficking had taken place, and one had led to a judgement. Trafficking in human organs did not seem to occur in Finland. On the prevention of distribution of child pornography on the Internet, over the past year the number of cases where a perpetrator met a child on the Internet had increased. The criminalisation of child pornography was rare, although there was a new law in this respect to prevent access to certain sites.
The minimum age for marriage was 18, the delegation said, and exception permits could be delivered. The general age limit for sexual relations was 16. Same-sex marriages, called “registered partnerships” were allowed, with the same rights as in the case of marriage between men and women, although there were some situations in which a partnership was dealt with differently, such as in the case of adoption. On the right to food, the specific provision concerning food, clothes, medicine and housing was that these came under social assistance. The ratio of poverty in Finland was still one of the lowest in the European Union, and the proportion of poor against the number of the population had decreased.
On violence against children and what measures Finland had taken in this regard, the delegation said Parliament had discussed the issue subsequent to a report by the Ombudsman, recommending to change the Act on Child Welfare to include the obligation to report to police in situations where different authorities or medical personnel had noticed signs of violence.
Concluding Remarks
In concluding remarks, Mr. Kosonen said it had been a great pleasure to be present at the Committee. Economic, social and cultural rights came forward more and more nowadays, and Finland used a coherent approach to all human rights, which were indivisible, supplemented each other, and whole in their entirety. This was reflected in the new Constitution, and should be reflected in all of Finland’s activities. If there were some defects, Finland was happy that these be brought forward. It would examine all comments and recommendations thoroughly, and make them available to all Ministries and non-governmental organizations. Review seminars and a press conference would be held once they had arrived. The Committee was thanked for its patience.
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For use of the information media; not an official record
7 May 2007
The Committee on Economic, Social and Cultural Rights has considered the fifth periodic report of Finland on how that country implements the provisions of the Convention on Economic, Social and Cultural Rights.
Arto Kosonen, Director at the Ministry for Foreign Affairs of Finland and head of the delegation, introducing the report, said Finland supported the drafting of an Optional Protocol to the Covenant, establishing an individual complaints mechanism. In general, this kind of mechanism would certainly contribute to the interpretative formation of the bulk of the relevant rights. According to the brand-new Government programme, the underlying values were a balance between man and nature, responsibility and freedom, caring and rewarding, and education and competence. The programme guaranteed all citizens the right to influence, participate in and be included in decision-making. A new sense of community was presupposed. Continuing to build Finland’s welfare society, the Government sought to clarify the division of responsibilities between individuals, communities and society as a whole.
Among questions and issues raised by Experts was the exemplary way in which Finland had worked on the justiciability of economic, social and cultural rights, including working on the elaboration of an Optional Protocol; a request for case law on economic, social and cultural rights that had been justiciable with regards to children, the elderly, the disabled and migrants; why there was no act on minimum pay despite Committee recommendations to this effect and how decent living was guaranteed to everyone in this context; the issue of temporary contracts as an instrument to tackle unemployment which tended to create a lot of insecurity in the field of unemployment, whether there was any supervision and control of these contracts, and what form that supervision took; and why 50 per cent of Roma children were in special learning institutions.
In concluding remarks, Mr. Kosonen said it had been a great pleasure to be present at the Committee. Economic, social and cultural rights came forward more and more nowadays, and Finland used a coherent approach to all human rights, which were indivisible, supplemented each other, and whole in their entirety. This was reflected in the new Constitution, and should be reflected in all of Finland’s activities. If there were some defects, Finland was happy that these be brought forward. It would examine all comments and recommendations thoroughly, and make them available to all Ministries and non-governmental organizations.
Also among the delegation were representatives of the Parliament of Finland, the Ministry of Justice, the Ministry of Education, the Ministry of Social Affairs and Health, the Ministry of Labour, the Ministry of the Interior, and the Permanent Mission of Finland to the United Nations Office at Geneva.
The concluding observations and recommendations of the Committee on the report of Finland will be issued towards the end of the session, which concludes on Friday, 20 May.
When the Committee next meets in public at 3 p.m. on Tuesday, 8 May, it will start its consideration of the initial report of Latvia (E/1990/5/Add.70).
Report of Finland
The fifth periodic report of Finland (E/C.12/FIN/5) covers the period from July 1999 to May 2005. The national strategic planning system in the field of social welfare and health care was reformed at the beginning of 1999, whereby the earlier yearly national plans were replaced with four-year target and action plans corresponding to the term of office of the Government. Thus, the existing Target and Action Plan for Social Welfare and Health Care applies to the years 2004-2007. During the period of time covered by the present report, the system of state subsidies for social welfare and health care projects has been revised so that since 2003, it has been possible to provide financial support for projects of developing the provision of services by local authorities and joint municipal boards.
According to section 109 of the Constitution, the duties of the Parliamentary Ombudsman include the supervision of the implementation of fundamental freedoms and human rights. The assessment of respect by public authorities for the fundamental rights and freedoms guaranteed by the Constitution and for the human rights based on international conventions, is part of this supervision. The Minority Ombudsman Act (660/2001) entered into force on 1 September 2001, replacing the earlier Act on the Ombudsman for Aliens. In accordance with Prime Minister Matti Vanhanen’s Government’s political programme of 24 June 2003, the Government intends to submit a report to Parliament on the Government’s disability policy before the end of the term of Government. The report will cover all sectors of administration.
As of 1998, Parliament has been informed of the priorities of the Government’s human rights policy. This has taken place, in the beginning through reports submitted by the Minister for Foreign Affairs to Parliament’s Foreign Affairs Committee, and later through Government reports. In the preparation of the report, trade unions and non-governmental organizations have been provided with an opportunity to present their views on the implementation of the Government’s obligations under the Covenant during the reference period. The provisions of law on equality and the prohibition of discrimination play an important role in the fundamental rights system of Finland. Since the submission of the previous periodic report, the flexibility of the health care system and the patients’ rights in Finland have been significantly improved, among others, by setting maximum periods of time within which the need of care must be assessed and, where necessary, access to care must be provided.
Presentation of Report
ARTO KOSONEN, Director at the Ministry for Foreign Affairs of Finland, introducing the report, said he would mainly and briefly point out some legislative and administrative changes that had taken place or would be taking place during the two years that had passed since the end of the reporting period. Finland supported the drafting of an Optional Protocol to the Covenant, establishing an individual complaints mechanism. In general, this kind of mechanism would certainly contribute to the interpretative formation of the bulk of the relevant rights. According to the brand-new Government programme, the underlying values were a balance between man and nature, responsibility and freedom, caring and rewarding, and education and competence. The programme guaranteed all citizens the right to influence, participate in and be included in decision-making. A new sense of community was presupposed. Continuing to build Finland’s welfare society, the Government sought to clarify the division of responsibilities between individuals, communities and society as a whole.
The Ministry of Justice had set up a committee on equality to make a proposal for comprehensive equality legislation. The objective of the Employment Policy Programme was to reinforce the Government’s political steering in matters concerning several ministries and to make the Council of State’s inter-administrative preparation more efficient, and with the priority of lowering structural unemployment and increasing the supply of labour force. The Act on the Reform of the Structure of Municipalities and Services entered into force in February 2007, with the core being to guarantee the access of people to services of the same quality in all the regions of the country. Decreasing violence was set as one of the objectives of both the previous and current Government programmes, with many of the measures concentrating on reducing violence against women.
A comprehensive cross-sectoral national plan of action against trafficking in human beings had been finished in 2005, and relevant ministries had drawn their own more detailed plans of action. The Constitution guaranteed the right to basic education free of charge. The education policy was to ensure that the education system guaranteed equal opportunities for all children in basic education. Realising basic educational security was one element in successful prevention of exclusion. In April 2005, the Minister of Culture had initiated a project for reviewing the ethics and ethical dimensions of cultural policy, with cultural rights as a starting point. The project analysed documents influencing cultural policy; several initiatives had been taken for creating international indicators of cultural policy ethics, which policy was described through the notion of “fair culture”.
Questions by Experts
Taking up Covenant articles one to five, Experts raised a wide range of questions and issues, including the applicability of the Covenant and the need for examples of cases in which articles of the Covenant had been invoked in the courts; land issues with the indigenous Sami population who had great problems in asserting their rights and what the most recent developments were; the exemplary way in which Finland had worked on the justiciability of economic, social and cultural rights, including working on the elaboration of an Optional Protocol; how the State party intended to achieve the objective of percentage of GDP to be used for international aid development; to what extent the Covenant had been relevant to policy makers; a request for case law on economic, social and cultural rights that had been justiciable with regards to children, the elderly, the disabled and migrants; issues connected to the Minorities Ombudsman’s role and mandate and whether societal attitudes towards different kinds of people living in the country had changed, and whether the Ombudsman’s efforts had succeeded in this regard; what was the role of the Sami population in the brand-new Government programme, in particular with regards to the “balance of man and nature”; and Finland’s position on the establishment of a National Human Rights Institution.
Response by Delegation
Responding, the delegation said with regards to the Sami, there had maybe been a slight misunderstanding in the text of the answers with regards to the definition of the Sami. The land issue question had not yet been solved, for a range of reasons, although the Government had continuously worked on the matter, and there had been negotiations for a solution between the Ministry of Justice and the Sami Parliament, and a range of issues had been raised. The Sami indigenous culture was promoted as a starting point for solving the problem, as this culture had been specifically guaranteed by the Constitution. The Sami were able to use all natural resources when it came to their ancient forms of livelihoods. The current aim was to find a balanced legislative solution that was in conformity with Finland’s international obligations, with the basic idea being to guarantee that local people as well as the Sami had equal say on the arrangements of their living areas. The right of the Sami to maintain their own language and culture was secured by their right to do so as protected through the Constitution, and this protected their right to use the land in their home area.
Mr. Kosonen said that there were often one or two cases before the Human Rights Committee presented by Sami, and this was currently the case with regards to forestry issues in the North. The Government was of the opinion that domestic remedies should be tried first.
With regards to development cooperation, the delegation said that the new Government programme confirmed the allocation for development cooperation which would bring Finland closer to the goal of percentage of GDP as set by the United Nations. Finland concentrated on fewer countries and larger entities in the context of its cooperation, in order to improve the effectiveness of this. Finland had eight long-term partner countries, and also supported three countries in transition as well as various other countries. Finland also supported regional cooperation in Asia, Africa and Latin America. Finland financially supported Finnish non-governmental organizations working with development cooperation and development activities.
On the role of the Ombudsman, the office had a lot of powers and could even press charges, Mr. Kosonen said. The Ombudsman was not just a mediator, but could not overturn the judgements of the courts, nor interfere in pending cases, he said. The court system was independent, the delegation said, and the Supreme and High Courts were the highest bodies. The Chancellor of Justice was an instrument to supervise legality, and his role was very different from the judicial organs. He took care of the legality control of the Government, and had the power to levy charges on civil servants for misconduct, but could not overturn judgements. On the applicability of the Covenant in the courts, the Covenant had been referred to, but not specific articles as such, however, this assertion would later be verified.
On discrimination, there had been a wide number of projects, with a great amount of work on different measures, based systematically on long-term planning, with a campaign to enhance tolerance between the different groups, the delegation said. Work was done to prevent discrimination and promote equality, on the understanding that acceptance was best for all. There had, however, been some problems, in particular with regards to the Roma, who had frequently contacted the Minorities Ombudsman with regards to a wide range of issues including education, housing and employment. After the Non-Discrimination Act came into force, the responsibilities of the Ombudsman had increased every year, with it becoming ever more visible nationally.
The problem of inequality among university professors had been discussed, and research was going on at the moment, the delegation said. The Ombudsman issued a wide number of opinions every year on social and health welfare, and these were taken into account in the developing plans of the Government and could also lead to legislation or recommendations for municipalities. On best practices regarding economic, social and cultural rights and their justiciability, one aspect of best practice was the inclusion of these rights in the Constitution in 1995 during constitutional reform. The right to basic education free of charge and to receive indispensable subsistence and care were also included. The administrative authorities and supervisors of non-discrimination were various, and had various powers and means for monitoring. There were also differences in legal remedies for the consequences of discrimination.
Finland had and would continue to support the draft Optional Protocol to the Covenant, Mr. Kosonen said, and would continue to actively participate in the drafting. All human rights were taken seriously and holistically, and Finland was part of the Revised Social Charter. It was party to Protocol number 12 of the European Convention on Human Rights which forbade all forms of discrimination. On the meaning and significance of the Minority Ombudsman, there had been a review of the National Convention on the Rights of Minorities, and various suggestions for modifications had been made. The attitude of society was that progress had been made on this topic. The Ombudsman only took care of ethnic minorities, Mr. Kosonen noted. The concept of “man and nature” was related to the anniversary of Finland’s independence and its concept of the new nature of its society. On a National Human Rights Institution, there had been some discussion of this, and these would continue in the near future. Finland had many different human rights institutions, including the Parliamentary Ombudsmen and various committees.
Finland followed the development of the situation in the Western Sahara through the Common Development Policy of the European Union, the delegation said. Education could be in Sami, Roma or sign language, Mr. Kosonen said, and when educating students in their mother tongue, there were nine different curricula. There was one curricula which examined Finnish life, and immigrants had the option of studying this in their mother tongue, as well as studying their own language.
Questions by Experts
In follow-up questions, Experts asked what had stopped the Government from resolving the Sami land ownership issue; issues linked to Sami identity in the case of marriage with non-Sami; whether the Lutheran Church was part of the cause for Finland being a quiet country; whether the Sami could use privately-owned land for traditional purposes; whether Finland would consider a more proactive approach in relation to the best use being made of the official development assistance that it provided; and why the Ombudsman was not consistent with the Paris Principles.
Response by Delegation
Responding, Mr. Kosonen said the Government had always considered the Swedish minority to be a linguistic minority. The Government was considering giving the Ombudsman further powers, in particular with regards to the Convention against Torture, he said. With regards to settling the Sami problem, the delegation said that in the homeland area there were also other large groups of population living, including some which had reindeer-herding as their livelihood besides the Sami. Large parts of the Sami homeland were State-owned land, governed by a State agency, but there was also privately owned land. Further information in this regard would be provided in writing later. Sami did not lose Sami status even if they married a non-Sami. It was hoped that due to various programmes on education and employment that prejudice against the Roma would alleviate in the future.
On the position of men in Finland, gender policy also took this into account, the delegation said, and there were discussions of issues such as paternity leave and men’s health with regards to life expectancy.
Questions by Experts
Taking up articles six to 12 of the Covenant, Experts asked, among other things, why there was no Act on minimum pay despite Committee recommendations to this effect and how decent living was guaranteed to everyone in this context; issues linked to the queues for those waiting for particular health services, including orthopaedic and hearing services; a request for information on how many Finnish men took up paternity leave; unemployment of minority groups and what was being done in this regard; levels with regards to social benefits which apparently did not ensure a decent standard of living; the issue of temporary contracts as an instrument to tackle unemployment which tended to create a lot of insecurity in the field of unemployment, whether there was any supervision and control of these contracts, and what form that supervision took; why there was no domestic law against domestic violence and why no legislative reform of the Penal Code had taken place in this regard; issues linked to involuntary psychiatric confinement; why there was no specific reference to the rights to housing and to food in the Constitution; issues linked to violence against children, as they were often victims within the family of physical and sexual violence, and the need to protect them from corporal violence; and what was being done to ensure the supply of adequate housing, in particular with regards to those parts of the population who were habitually discriminated against.
On articles 13 to 15, Experts also asked questions related to the proportion of Roma students in secondary education and what was being done to reduce drop-out rates in this regard; issues related to the learning of languages in schools, in particular with regards to teaching of the Sami language to non-Samis; why 50 per cent of Roma children were in special learning institutions; and a request for more details on international indicators of cultural policy.
Response by Delegation
With regards to minimum wages, the delegation said in Finland working conditions were determined according to existing legislation, collective agreements, and the terms of individual work contracts, and there was no legislation on minimum wage. The industry-specific collective agreements determined the minimum wage, thus it was fair to say that the minimum wage system was included in legislation. Approximately three quarters of the Finnish labour market was covered under this system. If the employee was not bound by a normally-applicable collective agreement and a generally-applicable collective agreement had been agreed in the industry, then the minimum wage criteria specified in the latter would be applied. In practice, the system safeguarded the same minimum terms and the minimum level of employment regardless as to whether the employee worked for a unionised or non-unionised employer. The system did not allow free competition with regards to the terms of the work contract. The provisions on the minimum wage were also included under the Criminal Code, which also covered the issue of discrimination at work. A provision could become applicable if the employee was inappropriately convinced to agree to an unreasonably low wage.
On the fixed-term employment relationship, the delegation said that employment contracts were valid indefinitely, and this was the main type of employment contracts. A fixed-term employment contract required a valid reason from the employer, and there were specific grounds for these. If the employer had a permanent need for staff, the use of fixed-term contracts were not allowed. Entering into consecutive fixed-term contracts required a justified reason for each contract, and the employer should not be attempting to circumvent social protection norms. The position had to be temporary. A Working Group appointed by the Ministry of Labour had recently reviewed the use of the two different forms of contracts, and had not proposed any changes for the requirements in order to enter into a fixed-term contract, but had suggested improved monitoring.
The Integration Act provided for support to be given to asylum seekers, and the Ministry of Labour planned and steered the reception activities. Accommodation, securing livelihood and housing services were provided, with other services depending on the application. The aim was to support the capability of asylum seekers and prevent exclusion during the application process. When the applicants had received residence permits, they were entitled to various advantages, including under a plan meant to ease their integration into Finnish society, which included language courses. The results of the implementation of the current law on integration would be evaluated at the end of the year. In the new Government programme, the issue of integration was taken up, and it would be improved, including by adding language training, the delegation said.
With regards to waiting lists and the time persons wishing to access health care had to wait, Mr. Kosonen said that this was speeding up, and figures would be provided in the next report, as they would be with regards to paternity leave. On the work of the Roma, it was true that traditional types of work had diminished, but the Government was not collecting statistics in this regard, as it considered it a private issue. On domestic violence and whether there should be a penal reform in this regard, the delegation said that Finland liked to avoid double criminalisations. When it came to domestic violence, the general criminalisation was used. The general grounds could be applied to increase the severity of punishment for domestic violence cases if this had been repeated over several years or months. The Government felt that there was therefore no need for specific criminalisation of domestic violence. The decreasing of violence was an objective for the Government, and several programmes to this effect were being implemented, including one focussing on reducing violence against women and children. One of the aims of these programmes was to increase cooperation between the authorities dealing with this issue.
In response to the question on involuntary psychiatric treatment and whether there was a right to appeal against this treatment, the delegation said there was such a right, and the appeal went to the Administrative Court. On what defined a decent living, there was social assistance available to supplement incomes, as a last resource. The situation was such that there had been no changes in the social assistance system, but the employment situation had improved, and therefore the need for social assistance had diminished. On women leaders, there had been a gender gap, and a lot of attention had been paid to the issue. However, the gap was still there. The new Government had promised that special attention would be paid to women’s opportunities for leadership in both the public and private sectors.
On social and health services, the Government had concentrated on developing these, so that on the municipality level these were responsible for services as well as childcare. Child welfare measures required a case to be identified first, once families had been given the chance to improve the situation themselves. Financial, residential and non-residential services were all provided by the Government, the delegation said. If necessary, a child was taken into foster care. With regards to the right to food, the relevant provision in the Constitution provided that those who could not obtain the means necessary for a life of dignity had a right to receive indispensable subsistence and care, and this was interpreted as a last resort by social assistance. With regards to the right to housing, the Constitution included that everybody had this right, and the right to organise their own housing, guaranteeing all people residing permanently in Finland the opportunity for reasonable housing. Nationals had no subjective right to a dwelling, but disability and child interests were exceptions to this role. The Government had the aim of increasing moderately-priced housing and State-subsidised housing.
On the situation of the Roma in the housing market, the delegation said these lived in the same area as the general population, and were dependent on the public housing market, due to their often weak economic situation and traditional attitudes in the population. On genetically modified food, Finland followed the European Union norms concerning such forms, so there was a special committee which received applications for putting such types of food on the market. The Finnish part of the process was only one link in the chain. The Finnish approach to such types of food had been rather positive, as it could give new opportunities to agricultural production in the North, but it was ultimately up to the consumer as to whether they accepted such food or not.
On whether the penal code was severe enough on crimes due to discrimination, the delegation said there was an element of the Criminal Code that applied to discrimination; this also covered professional and commercial activities, and this could be used in situations in which the Roma were being discriminated against. With regards to the Sami issue, the Constitution provided for the Sami as an indigenous group. The Sami had ancient, immemorial rights to use lands, but other groups also in Lapland had the same rights to use the land, including for reindeer herding, and this had to be considered. The situation in Finland was such that health was endangered in particular by obesity and type-2 diabetes, smoking, alcohol, and tobacco abuse. With regards to obesity, there was a health promotion policy, which maintained that health should be maintained every day, less it disappear. The goal was to pay attention to health in all sectors and policies. Key priorities were physical exercise, with a focus on nutrition. Men’s smoking was decreasing, and women’s smoking was increasing. The restrictions on imports of alcoholic beverages had been eliminated in 1994. Alcohol consumption had risen to 10.3 litres per 100 habitants, with increased incidents of violence and other related problems. However, drug use had diminished.
Finland was the most rapidly aging country in Europe, the delegation said. On the other hand, the functional capacity of the elderly has improved. The aim of Finland’s policy for older people was to increase this latter, along with independence, and this was done in various ways including domestic care and social housing. On education and culture and the participation of Roma students in secondary education, their number was still quite low when compared to the majority population. Finland had free education and extensive social benefits for all, including the Roma pupils, including free warm school meals and subsidised travel to and from school. At the moment, adult Roma education was very popular, and it was believed and had been seen that educated parents caused educated children. More and more university students from Roma backgrounds were appearing, but there were no statistics in this regard.
Language training for Sami had been given increased funding this year. There was a need for Sami teachers outside the Sami area, as this was impeding the more wide-spread teaching of the language. Teaching Roma language was achieved by strengthening the service of teachers in language training. Every child should receive about three lessons a week in their mother tongue or home language, and this was supported by the State budget. With a view to making ethical choices visible, the “Fair Culture Review” had seven recommendations, one of which was that Finland take the initiative to create a Fair Culture Project in order to develop assessors and markers on such issues as cultural diversity. Mental disorders had become the major cause for work disability pensions. This was due to the destigmatisation of mental disorders rather than a change in society. Coverage of treatment had improved. Suicide mortality had decreased over past years, although it was still a relevant and severe problem in society.
The new Government intended to reform social security, the delegation said, and had three goals: to combat poverty; to guarantee an adequate social security; and to bear in mind that social security must also contain incentives to work. The balance between social security and working was thus very challenging and demanding. In the Government programme, there were some concrete points regarding minimum income. The Government had considered the ratification of the ILO Convention on the Rights of Migrant Workers, and had asked the opinions of various Ministries, Mr. Kosonen said, but the response had been negative, as it appeared that there were various other international Conventions that were more important in this respect. On the Ombudsman and his relationship to the Paris Principles, there were various ideas of how to fulfil the implementation of human rights, and one was to do so through an extensive Governmental role, the other through a single influential and wise institute. Finland was considering the issue, he said.
Questions by Experts
In follow-up questions, Experts asked, among other things, to what the Government attributed the fact that despite many legislative provisions, the phenomenon of trafficking continued; why there was a difference between the minimum age for sexual relations and the minimum age for marriage and on what rights-based perspective this was based; on what rights-based perspective same-sex marriages were allowed; whether the phenomenon of violence against women and children was being combated according to programmes suggested by the Ombudsman; the need for appropriate domestic legislation against violence in the family; if criminal sanctions for certain acts should be made more stringent; whether there was any protection of the respect and fulfilment of the right to housing; and what policy measures Finland had with regards to the right to food specifically and precisely.
Response by Delegation
Responding to these questions and others, the delegation said a lot had been done to combat the phenomenon of trafficking in human beings. Since 2004, 13 different cases of investigations of suspected crimes of trafficking had taken place, and one had led to a judgement. Trafficking in human organs did not seem to occur in Finland. On the prevention of distribution of child pornography on the Internet, over the past year the number of cases where a perpetrator met a child on the Internet had increased. The criminalisation of child pornography was rare, although there was a new law in this respect to prevent access to certain sites.
The minimum age for marriage was 18, the delegation said, and exception permits could be delivered. The general age limit for sexual relations was 16. Same-sex marriages, called “registered partnerships” were allowed, with the same rights as in the case of marriage between men and women, although there were some situations in which a partnership was dealt with differently, such as in the case of adoption. On the right to food, the specific provision concerning food, clothes, medicine and housing was that these came under social assistance. The ratio of poverty in Finland was still one of the lowest in the European Union, and the proportion of poor against the number of the population had decreased.
On violence against children and what measures Finland had taken in this regard, the delegation said Parliament had discussed the issue subsequent to a report by the Ombudsman, recommending to change the Act on Child Welfare to include the obligation to report to police in situations where different authorities or medical personnel had noticed signs of violence.
Concluding Remarks
In concluding remarks, Mr. Kosonen said it had been a great pleasure to be present at the Committee. Economic, social and cultural rights came forward more and more nowadays, and Finland used a coherent approach to all human rights, which were indivisible, supplemented each other, and whole in their entirety. This was reflected in the new Constitution, and should be reflected in all of Finland’s activities. If there were some defects, Finland was happy that these be brought forward. It would examine all comments and recommendations thoroughly, and make them available to all Ministries and non-governmental organizations. Review seminars and a press conference would be held once they had arrived. The Committee was thanked for its patience.
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