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19 September 2000
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CRC
25th session
19 September 2000
Morning
Promotion And Protection of Child Rights Are Part of the Human Rights
Policies of Finland, Delegation Affirms
The Committee on the Rights of the Child began its consideration this morning of a second periodic report from Finland, questioning an eight-member Government delegation on application of the Convention of the Rights of the Child in domestic law and on efforts to pass a major act related to child rights.
Introducing the report, Vappu Taipale, Director-General of the National Research and Development Centre for Welfare and Health of Finland, said that the promotion and protection of the rights of the child were an essential part of the Finnish human rights policy. That policy was based on the principle that children should have equal rights with other members of society, she said.
Mrs. Taipale said Finland had expressed its deep concern about child pornography which was widely spread through the Internet, and had taken both national and international measures for the prevention of the production, distribution and possession of child pornography; such acts were subject to punishment under the Finnish penal code. In addition, a national programme of action for the prevention of the commercial sexual abuse of children was completed in December 1999.
In addition to Mrs. Taipale, the Finnish delegation was made up of Matti Heikkila, of the National Research and Development Centre for Welfare and Health (Stakes); Eija Siitari-Vanne, Senior Legal Advisor, Ministry of Justice; Kirsi Lindroos, Director, Ministry of Education; Pia-Liisa Heilio, Senior Legal Officer, Ministry of Social Affairs and Health; and Susanna Sarvanto, and Krista Oinonen, Legislative Secretaries, Ministry of Foreign Affairs. Pekka Huhtaniemi, Permanent Representative of Finland to the United Nations Office at Geneva, introduced the members of the delegation.
As one of the 191 States parties to the Convention on the Rights of the Child, Finland is obliged to present periodic reports on its efforts to implement the provisions of the treaty.
The Committee will reconvene at 3 p.m. to continue its consideration of Finland's report.
Report of Finland
The second periodic report of Finland (document CRC/C/70/Add.3) reviews implementation of the Convention on an article-by-article basis. In its introduction, the report says the provision on the guarantees of "the inviolability of human dignity and the freedom and rights of the individual as well as promoting justice in society" was added to the Constitution Act of 1995. The Government bill concerning the punishability of purchase of sexual services from minors and possession of child pornographic material and the Government bill for the amendment of the penal code concerning sex tourism are legislative reforms based on the recommendations of the Committee.
The report says that the Finnish family structure is clearing changing. Cohabitation of non-married parents had become increasingly common as the family model for families with offspring and the proportion of single-parent families had grown. The appearance of families with children from different marriages has created a concept of social parenthood. Whereas the rights and duties of parents in the legislation are mainly defined in terms of biological parenthood, one of the greatest challenges in the fields of family law will probably be the harmonization of the changed family structure.
Further, the report notes that the Finnish economy has been affected by recession in the first half of the 1990s, but that the effects of the recession on the welfare and health of children and young persons have been weaker than expected. Despite the decisions to cut services intended for children, the basis for welfare of children has been maintained. However, a small proportion of children had suffered from the problems accumulated in the 1990s beginning with educational exclusion.
Introduction of Report
VAPPU TAIPALE, Director-General of the National Research and Development Centre for Welfare and Health of Finland, affirmed that the promotion and protection of the rights of the child were an essential part of the Finnish human rights policy. That policy was based on the principle that children should have equal rights with other members of society.
Mrs. Taipale recalled that her Government had signed during the Millennium Assembly of the United Nations on 7 September the Optional Protocols to the Convention on the Rights of the Child on the involvement of children in armed conflict and on the sale of children, child prostitution and child pornography.
Finland had expressed its deep concern about child pornography which was widely spread through the Internet, and had taken both national and international measures for the prevention of the production, distribution and possession of child pornography, Mrs. Taipale went on to say. Such acts were subject to punishment under the Finnish penal code. New provisions on sexual offences, including child pornography, had entered into force at the beginning of 1999. Under those provisions the procuring of sexual services from a person who had not attained the age of 18 was a criminal offence. In addition, a national programme of action for the prevention of the commercial sexual abuse of children was completed in December 1999.
Mrs. Taipale continued to state that the school legislation was amended last year to ensure the implementation of fundamental rights relating to education, and an adequate equality among the various parts of the country as well as among various schools and educational establishments. The rights and duties of pupils or students were more clearly defined, including the right of upper secondary level students to be heard when decisions were made on matters affecting them significantly.
Mrs. Taipale said that this year, the European Court of Human Rights had given a judgement in three child welfare cases brought against Finland. The cases partly related to the implementation of the principles of the best interests of the child and close and affectionate relationships. In two cases the Court had accepted the Finnish Government's view that the national decision had been in the best interests of the child, although the Court had found some deficiencies in the domestic court proceedings. In respect of the third judgement, in which the Court had found a violation by the national authorities, Finland had requested a referral of the case to the Grand Chamber.
Discussion
Discussion during the morning meeting focused on implementation measures, definition of the child, civil rights and freedoms and general principles.
The Finnish delegation, responding to questions from Committee members, said, among other things, that Finland had a decentralized administration with more responsibilities offered to municipalities. Some municipalities had shown deficiencies in their performances while many of them continued to implement the provisions of the Convention. The Government had also been supervising the work of the municipalities in addition to that of the provincial boards which looked over the performances of their respective municipalities. Since many of the municipalities were not financially self-sufficient, the Government had to provide subsidies and other assistance needed for them to accomplish their duties.
With regard to child rights, the municipalities applied the welfare guidelines by creating the infrastructure to implement the best interests of the child, the delegation said. However, decision-making and policy designation were the sole responsibility of the municipalities. Government interference in the work of the local authorities rarely happened.
In the local government act, which entered into force in July 1995, a greater emphasis was placed on the municipality's role in promoting local development and the availably of welfare services, the delegation said. Provincial governments had the obligation to ensure the equal distribution of basic welfare services.
Finland was marked by the presence of a number of non-governmental organizations which actively participated in the promotion and protection of child rights, the delegation said. Even members of the country's parliament participated in the activities of such organizations.
The issue of a national children's Ombudsman had been discussed for several years and yet it was still not established for economic reasons, the delegation said. However, the office of the second deputy parliamentary Ombudsman had responsibilities for issues concerning the rights of the child.
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25th session
19 September 2000
Morning
Promotion And Protection of Child Rights Are Part of the Human Rights
Policies of Finland, Delegation Affirms
The Committee on the Rights of the Child began its consideration this morning of a second periodic report from Finland, questioning an eight-member Government delegation on application of the Convention of the Rights of the Child in domestic law and on efforts to pass a major act related to child rights.
Introducing the report, Vappu Taipale, Director-General of the National Research and Development Centre for Welfare and Health of Finland, said that the promotion and protection of the rights of the child were an essential part of the Finnish human rights policy. That policy was based on the principle that children should have equal rights with other members of society, she said.
Mrs. Taipale said Finland had expressed its deep concern about child pornography which was widely spread through the Internet, and had taken both national and international measures for the prevention of the production, distribution and possession of child pornography; such acts were subject to punishment under the Finnish penal code. In addition, a national programme of action for the prevention of the commercial sexual abuse of children was completed in December 1999.
In addition to Mrs. Taipale, the Finnish delegation was made up of Matti Heikkila, of the National Research and Development Centre for Welfare and Health (Stakes); Eija Siitari-Vanne, Senior Legal Advisor, Ministry of Justice; Kirsi Lindroos, Director, Ministry of Education; Pia-Liisa Heilio, Senior Legal Officer, Ministry of Social Affairs and Health; and Susanna Sarvanto, and Krista Oinonen, Legislative Secretaries, Ministry of Foreign Affairs. Pekka Huhtaniemi, Permanent Representative of Finland to the United Nations Office at Geneva, introduced the members of the delegation.
As one of the 191 States parties to the Convention on the Rights of the Child, Finland is obliged to present periodic reports on its efforts to implement the provisions of the treaty.
The Committee will reconvene at 3 p.m. to continue its consideration of Finland's report.
Report of Finland
The second periodic report of Finland (document CRC/C/70/Add.3) reviews implementation of the Convention on an article-by-article basis. In its introduction, the report says the provision on the guarantees of "the inviolability of human dignity and the freedom and rights of the individual as well as promoting justice in society" was added to the Constitution Act of 1995. The Government bill concerning the punishability of purchase of sexual services from minors and possession of child pornographic material and the Government bill for the amendment of the penal code concerning sex tourism are legislative reforms based on the recommendations of the Committee.
The report says that the Finnish family structure is clearing changing. Cohabitation of non-married parents had become increasingly common as the family model for families with offspring and the proportion of single-parent families had grown. The appearance of families with children from different marriages has created a concept of social parenthood. Whereas the rights and duties of parents in the legislation are mainly defined in terms of biological parenthood, one of the greatest challenges in the fields of family law will probably be the harmonization of the changed family structure.
Further, the report notes that the Finnish economy has been affected by recession in the first half of the 1990s, but that the effects of the recession on the welfare and health of children and young persons have been weaker than expected. Despite the decisions to cut services intended for children, the basis for welfare of children has been maintained. However, a small proportion of children had suffered from the problems accumulated in the 1990s beginning with educational exclusion.
Introduction of Report
VAPPU TAIPALE, Director-General of the National Research and Development Centre for Welfare and Health of Finland, affirmed that the promotion and protection of the rights of the child were an essential part of the Finnish human rights policy. That policy was based on the principle that children should have equal rights with other members of society.
Mrs. Taipale recalled that her Government had signed during the Millennium Assembly of the United Nations on 7 September the Optional Protocols to the Convention on the Rights of the Child on the involvement of children in armed conflict and on the sale of children, child prostitution and child pornography.
Finland had expressed its deep concern about child pornography which was widely spread through the Internet, and had taken both national and international measures for the prevention of the production, distribution and possession of child pornography, Mrs. Taipale went on to say. Such acts were subject to punishment under the Finnish penal code. New provisions on sexual offences, including child pornography, had entered into force at the beginning of 1999. Under those provisions the procuring of sexual services from a person who had not attained the age of 18 was a criminal offence. In addition, a national programme of action for the prevention of the commercial sexual abuse of children was completed in December 1999.
Mrs. Taipale continued to state that the school legislation was amended last year to ensure the implementation of fundamental rights relating to education, and an adequate equality among the various parts of the country as well as among various schools and educational establishments. The rights and duties of pupils or students were more clearly defined, including the right of upper secondary level students to be heard when decisions were made on matters affecting them significantly.
Mrs. Taipale said that this year, the European Court of Human Rights had given a judgement in three child welfare cases brought against Finland. The cases partly related to the implementation of the principles of the best interests of the child and close and affectionate relationships. In two cases the Court had accepted the Finnish Government's view that the national decision had been in the best interests of the child, although the Court had found some deficiencies in the domestic court proceedings. In respect of the third judgement, in which the Court had found a violation by the national authorities, Finland had requested a referral of the case to the Grand Chamber.
Discussion
Discussion during the morning meeting focused on implementation measures, definition of the child, civil rights and freedoms and general principles.
The Finnish delegation, responding to questions from Committee members, said, among other things, that Finland had a decentralized administration with more responsibilities offered to municipalities. Some municipalities had shown deficiencies in their performances while many of them continued to implement the provisions of the Convention. The Government had also been supervising the work of the municipalities in addition to that of the provincial boards which looked over the performances of their respective municipalities. Since many of the municipalities were not financially self-sufficient, the Government had to provide subsidies and other assistance needed for them to accomplish their duties.
With regard to child rights, the municipalities applied the welfare guidelines by creating the infrastructure to implement the best interests of the child, the delegation said. However, decision-making and policy designation were the sole responsibility of the municipalities. Government interference in the work of the local authorities rarely happened.
In the local government act, which entered into force in July 1995, a greater emphasis was placed on the municipality's role in promoting local development and the availably of welfare services, the delegation said. Provincial governments had the obligation to ensure the equal distribution of basic welfare services.
Finland was marked by the presence of a number of non-governmental organizations which actively participated in the promotion and protection of child rights, the delegation said. Even members of the country's parliament participated in the activities of such organizations.
The issue of a national children's Ombudsman had been discussed for several years and yet it was still not established for economic reasons, the delegation said. However, the office of the second deputy parliamentary Ombudsman had responsibilities for issues concerning the rights of the child.
* *** *