Finland – IMM situation

IMM name: Finland’s National Human Rights Institution (NHRI)

IMM type: National Human Rights Institution

CRPD ratification date: 11 May 2016

IMM legal framework: Amendment to the Parliamentary Ombudsman Act (10.4.2015/374). Entered into force on 10 June 2016.

Finland ratified the CRPD on 11 May 2016. Prior to ratification, the Ministry for Foreign Affairs set up a working group in May 2011 to prepare measures for the ratification of the Convention and its Optional Protocol. The working group consisted of representatives from the Ministry for Foreign Affairs, the Office of the Prime Minister, all ministries, the Parliamentary Ombudsman’s office, the Association of Finnish Municipalities, the Advisory Board for the Rights of Persons with Disabilities (VANE), the Finnish Disability Forum, the Centre for the Human Rights of the Disabled (Kynnys ry / VIKE). In addition, the working group named permanent experts from the Human Rights Centre and from the Association of the Deaf. The working group met 22 times. The working group submitted a proposal for a government proposal for the ratification of the CRPD in 2014. The working group’s proposal for a government proposal was eventually sent for consultations to ministries, authorities, and various civil society organizations. Altogether fifty-nine statements were submitted during the consultation. None opposed the ratification of the convention and its Optional Protocol.

The proposal pertaining to Article 33(2) of the CRPD received wide support. The key concern in this context was about ensuring adequate resources for the Human Rights Centre. The tasks of the independent mechanism have been assigned to the Parliamentary Ombudsman, the Human Rights Centre, and its Human Rights Delegation, which together form Finland’s National Human Rights Institution (NHRI). The Parliamentary Ombudsman Act (10.4.2015/374) was amended to establish the independent mechanism, which was entered into force on 10 June 2016.

The IMM is a National Human Rights Institution and is not part of a Monitoring Framework consisting of other entities. The title of Section 19 f (10.4.2015/374) of the Parliamentary Ombudsman Act is "Promotion, protection and monitoring of the implementation of the Convention on the Rights of Persons with Disabilities". It provides that the tasks under Article 33(2) of the Convention on the Rights of Persons with Disabilities concluded in New York on 13 December 2006 shall be performed by the Parliamentary Ombudsman, the Human Rights Centre and its Human Rights Delegation.

In 2014 and 2019, the Finnish NHRI was awarded A-status by the International Coordinating Committee of National Human Rights Institutions. Accordingly, the Finnish NHRI fully complies with the Paris Principles. The Parliamentary Ombudsman is the supreme overseer of legality. It exercises oversight to ensure that those who perform public tasks comply with the law, fulfil their responsibilities, and implement fundamental and human rights in their activities. The Ombudsman investigates complaints, conducts on-sight inspections, takes own initiatives, and makes statements on legislative proposals. The scope of the Ombudsman’s oversight includes courts, authorities, and public servants, as well as other persons and bodies that perform public tasks. Private instances and individuals who are not entrusted with public tasks are not subject to the Ombudsman’s oversight of legality. The Human Rights Centre provides information, training, education and research on fundamental rights and human rights. It monitors and reports on the implementation of fundamental and human rights, takes initiatives for their promotion and implementation, as well as participates in related European and international cooperation.

The Finnish Human Rights Centre has a Human Rights Delegation, comprising 20 to 40 members appointed by the Parliamentary Ombudsman for a four-year term. The Delegation functions as a national cooperative body for fundamental and human rights actors. It deals with fundamental and human rights issues of far-reaching significance and major importance and approves the Centre’s annual action plan and annual report.

The IMM is also mandated with the following functions:

• Promoting the rights of persons with disabilities, including through education, outreach, the media, training and capacity building
• Protecting the rights of persons with disabilities, including by receiving, investigating, and resolving complaints, or by mediating conflicts and monitoring activities and reporting
• Monitoring the implementation of the CRPD

The IMM undertakes/has undertaken the following activities:

• Developing a plan to monitor the implementation of the CRPD by the State
• Evaluating policy, legislative and administrative compliance with the CRPD
• Offering legal and policy advice to ensure compliance with the CRPD and other relevant international human rights obligations of the State
• Initiating or undertaking research studies on the rights of persons with disabilities
• Receiving and considering complaints or reviewing the outcome of complaints received by the NHRI
• Promoting the rights of women and girls with disabilities in legislation and policies, including in the disability and gender-equality legislation and programmes
• Focusing on monitoring of the rights of women and girls with disabilities and reporting
• Undertaking investigations on the rights of persons with disabilities
• Submitting alternative reports to the CRPD Committee and other relevant human rights treaty bodies or international human rights mechanisms
• Participating in the preparation of the State party’s periodic reports to the CRPD Committee
• Cooperating with other domestic mechanisms, as appropriate, such as the Parliament, the National Preventive Mechanism (NPM), National Human Rights Institutions (NHRI) and Equality Bodies, with the aim to reinforce human rights monitoring and reporting at the national level
• Liaising with the focal point(s) designated within government under Article 33(1) for matters relating to the Convention’s implementation
• Liaising with National Mechanisms for Reporting and Follow-Up on matters relating to the implementation of the CRPD: Institutions, organizations and their departments must examine the recommendations issued by the Commission and inform the Commission of the results of the examination and the implementation of the recommendations. The information shall be communicated to the Commission without delay after the decisions on the action to be taken in response to the Commission's recommendations have been taken, but no later than 30 days after receipt of the recommendation.

The IMM’s membership is composed of persons with disabilities and representatives of organisations of persons with disabilities. Human Rights Centre has a 20 to 40-member Human Rights Delegation, whose members broadly represent the Finnish human rights actors, including persons with disabilities. In addition, to facilitate participation under article 33(3) of the CRPD, a permanent division on the rights of persons with disabilities (Disability Rights Committee) was set up under the Human Rights Delegation. Currently, there are altogether 11 members in the Disability Rights Committee. Eight are persons with disabilities, including the Chair and Vice-Chair. The members of the Human Rights Delegation are chosen through a public call for applications every four years. The members of the Delegation who are persons with disabilities typically also become members of the Disability Rights Committee. The members of the Disability Rights Committee, then, decide who to invite as experts to join the Committee.

The monitoring activities in which persons with disabilities or their representatives’ organizations have been involved include:

• Monitoring of public policies and legislation concerning persons with disabilities
• Monitoring the situation of persons with disabilities in institutions such as residential care centres and other places of institutionalisation
• Participating in joint initiatives between the National Preventive Mechanism or the Independent Monitoring Mechanism to monitor places of detention, including prisons, police stations and mental health institutions

Participation of persons with disabilities in the monitoring process:

Persons with disabilities take part in the decision-making process of the Independent Monitoring Mechanism; they have a voice and the right to vote. Persons with disabilities as designated experts on disability are invited and/or hired to support specific programmes in the Independent Monitoring Mechanism. Persons with disabilities monitoring their rights may submit findings or allegations of human rights violations to the Independent Monitoring Mechanism.

Participation of persons with disabilities is ensured and facilitated through the Human Rights Delegation and the Disability Rights Committee, as well as through more informal modes of cooperation. Disability Rights Committee operates under the Human Rights Delegation. According to the rules of procedure for the Human Rights Delegation, the Disability Rights Committee may submit proposals and express its views to the Parliamentary Ombudsman and the Human Rights Centre on how they could develop the realisation of the rights of persons with disabilities and the performance of tasks related to the CRPD implementation. The Disability Rights Committee can also bring up issues related to the rights of persons with disabilities for the Human Rights Delegation to address, and submit proposals to the Delegation for decision-making. Reciprocally the Parliamentary Ombudsman and the Human Rights Centre can request expert assistance from the Committee when performing their tasks related to the CRPD implementation. In addition, the Parliamentary Ombudsman is also the National Preventive Mechanism (NPM) under the OPCAT. When carrying out duties in the capacity of the NPM, the Ombudsman may rely on expert assistance, including persons with disabilities. Costs incurred to participate in meetings are covered, including - if needed - translators, personal assistants and transport. Specific tasks are compensated separately.

Note: If you wish to rectify or provide more information regarding your IMM, please contact ohchr-CRPDIMM@un.org