经济、社会和文化权利委员会结束审议芬兰的报告（部分翻译）

2014年11月13日

经济、社会和文化权利委员会今天结束审议芬兰关于其落实《经济、社会及文化权利国际公约》条款情况的第六次定期报告。

芬兰外交部官员阿尔托·科索能（Arto Kosonen）呈报了报告，并表示外交部已经在2013年发布了首份人权战略，这是外交政策的一部分。消除歧视和高度开放与包容是贯穿各领域的两大主题，并通过两个标志性项目得到推广，其中一个就是加强经济、社会及文化权利的地位。芬兰实施了基于人权的发展政策，它产生于人人生而自由，在尊严和权利上一律平等的理念。科索能先生接着提到了精神保健、非歧视、平等移民政策、失业和教育等问题上的进展。

互动对话期间，委员会专家询问了以下问题：非歧视，包括歧视老年人和基于性别身份与性取向的歧视；官方发展援助；培训和获得教育；性骚扰；萨米人的权利和其他少数群体的权利；移民的地位，包括无证移民；工会的组建；长期失业，尤其是青年失业。

科索能先生在总结发言中表示，这场活泼的讨论在尊重的气氛中进行。似乎发展趋势是向前向上的。他感谢委员会的认可。

委员会专家兼芬兰报告的国家报告员哈伊梅·马尔尚·罗梅罗（Jaime Marchan Romero）也在总结发言中表示，本次对话极富成果。距离芬兰提交上一次报告已经过去七年，毫无疑问，它在确保国内经济、社会和文化权利方面取得了显著的进步。发言人祝芬兰成功实施之前提到的各项措施。

委员会主席兹齐斯瓦夫·凯吉亚（Zdzislaw Kedzia）在总结发言中对芬兰代表团的组成表示赞赏，代表团包括政府各部门的高级官员，对于对话帮助很大。发言人还感谢芬兰在《经济、社会及文化权利国际公约任择议定书》之友小组中的工作。

芬兰代表团包括以下部门的代表：外交部，芬兰议会的宪法委员会，司法部，社会事务和卫生部，就业和经济部，教育和文化部，内政部，芬兰常驻联合国日内瓦办事处代表团。

委员会将在今天下午3点继续进行会议，开始审议黑山的首份报告（E/C.12/MNE/1）。

报告

委员会正在审议芬兰的第六次定期报告（E/C.12/FIN/6）。

Presentation of the Report

ARTO KOSONEN, Director, Ministry of Foreign Affairs of Finland, presenting the report, said that the Ministry of Foreign Affairs had published its first Human Rights Strategy in 2013 as part of its foreign policy. The elimination of discrimination and great openness and inclusion were the two cross-cutting themes, and were promoted by two flagship projects of which one was the strengthening of the status of economic, social and cultural rights. Finland implemented a human rights-based development policy which emanated from the idea that all human beings were born free and equal in dignity and in rights.

As part of the national monitoring system of discrimination, the relevant Ministries had launched a project in 2013 to further develop the monitoring of labour discrimination, whose outcome would be published next month. The Ministry of the Interior had published in June 2014 a study report on the discrimination experienced by elderly people from various minority groups when using social and health care services. A large number of elderly people had experienced discrimination in social and health care services.

The Ministry of the Interior, in cooperation with various national and regional stakeholders, had organized an Equality Conference in Inari, the Sami Homeland area, in August 2013. Results showed that there had been a significant improvement in the basic education of the Roma, partly due to the fact that Government aid had been allocated to municipalities for supporting school attendance of Roma pupils. However, significant challenges still existed in the fields of employment and adult education of the Roma population.

In school health services, special attention needed to be given to young people of immigrant origin and particularly to the first generation of immigrants. In June 2013, the Government made a resolution on the Future of Migration Strategy 2020. Objectives included increasing the employment rate of immigrants, a more effective integration policy, faster handling of asylum applications, and efficient anti-discrimination work. A training programme for non-governmental organizations was launched, with the aim of building non-governmental organizations’ capacity in non-discrimination work.

A revised Mental Health Act had very recently entered into force, in August 2014, with amendments including that referral for consideration of observation by a psychiatric hospital may now be made by any licensed physician. A Government Act regarding self-determination was presented to Parliament with the purpose of strengthening the right of self-determination of clients and patients and to reduce the use of limitation measures in social welfare services and health care. The Ministry of Social Affairs and Health was currently preparing a comprehensive reform to be implemented through an act on arranging social welfare and health care services. The Ministry had also appointed a working group to amend the Act on Legal Recognition of the Gender of Transsexuals, assigned to draft proposals for amendments concerning the requirements of infertility and unmarried status.

The view on the employment situation in general and the economic performance of the workplace had been pessimistic for three years in a row. However, about 90 per cent of those below 45 years old were positive about finding new employment. The National Youth Guarantee was a Governmental programme based on the public-private partnership approach, according to which each young person under 25 and recently graduated persons under 30 would be offered a job, work trial, or study place, among others. Finland was one of the first European Union Member States to draft an action plan for the implementation of the United Nations Guiding Principles on Business and Human Rights.

By increasing the price of alcoholic beverages with an active tax policy, the Government had managed to decrease the total consumption of alcohol and different alcohol-related harms in society. With regards to violence against women and domestic violence, the Istanbul Convention was being discussed by Parliament. Sexual harassment had been included as a new offence in the Criminal Code. The National Institute for Health and Welfare had been mandated to prepare a comprehensive guide and training module on the exchange and confidentiality of information for actors working with children and families. The Government had adopted a proposal for an act on general housing subsidy. The National Board of Education was currently preparing a new Core Curriculum for Basic Education. Special attention was paid to equality in leisure time activities, especially when it concerned children and young people.

Questions by Experts

JAIME MARCHAN ROMERO, Committee Expert and Country Rapporteur for the report of Finland, said that the written report was very frank. Responses did not hide difficulties being faced and this would allow the Committee to make recommendations. He highlighted that Finland had given replies on follow-up to conclusions issued by the Committee in 2007, which was something positive. He also noted that Finland had ratified the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights. On the state of the Covenant in domestic legislation, it was not entirely clear whether the Covenant could be directly invoked in courts or not. Had Official Development Assistance increased and reached the recommended 0.7 per cent?

The level of unemployment was of concern. What measures had been taken to deal with the scourge of youth unemployment, apart from those mentioned in the presentation of the report? What measures had been taken to remedy the situation on gaps in pay between men and women?
An Expert said that in Finland, like in all countries, there were issues that had to be worked on and improved. Had the draft non-discrimination act become a law or was it still being discussed? Would new legislation on non-discrimination include a specific provision of non-discrimination for persons with disabilities? Would it also include sexual orientation in addition to transsexual and intersex persons? What difference would the comprehensive anti-discrimination legislation make, an Expert asked? Did it extend to all persons under the jurisdiction of Finland? Was discrimination in social and healthcare services a specific trend with regards to elderly persons? Another Expert noted that Finland had not adhered to the Convention on the Rights of Persons with Disabilities. Why was that so?

Regarding refugees, it was noted that Finland continued to generously receive refugees and asylum seekers. Did they receive identification cards? Some information had been received that in practice there were still some obstacles to speedy and smooth integration into Finnish society. Refugees also often had to spend long periods in camps. What measures had been taken to address this particular issue? An Expert expressed concern that some company headquarters in Finland, particularly in logging, had no restrictions on child labour. Another Expert asked whether the Covenant was applied in Finland’s overseas policy. What was the delegation’s standing on extraterritorial obligations, particularly with regard to labour rights?

Sexual harassment was now a criminal offence. Did the definition include verbal harassment, asked an Expert? Under what conditions was sexual harassment considered a sex crime in accordance with the Criminal Code?

It was pleasing that the Sami language had been recognized in the Constitution, noted an Expert. What activities and plans of actions were being undertaken to make this right effective?

It had been noted that youth unemployment remained relatively high, notwithstanding some subsidies put in plans to redress it. What were the principal reasons for youth unemployment remaining at such a high level? Concern was expressed about temporary employment contracts and seasonal workers, among others, in the informal sector and protection of these workers. Was there a strategy to address long-term unemployment, asked an Expert? What exactly was the situation now? An Expert asked why civil servants could not form a trade union?

An Expert said it had been mentioned that the minimum guaranteed pension would be increased by about 40 per cent. Would the amount be sufficient or not?

Response by the Delegation

The International Covenant on Economic, Social and Cultural Rights was one of the oldest human rights treaties valid in Finland’s legislation. Its system was dualistic. Whenever an international instrument was ratified, it was ensured that legislation was completely in line with obligations that arose from the text. There was nothing that impeded the courts from referring directly to the Covenant. Unfortunately, no such case could be identified by the delegation, at least from the highest courts. On the Convention on the Rights of Persons with Disabilities, some legislation had been changed and a proposal would be submitted to Parliament in December. There was a provision in the Constitution according to which the public authorities had an obligation to secure the realization of both basic rights and human rights.

Official Development Assistance in 2013 was at 0.56 per cent. According to the Government decision, taken in 2012, Finland was still targeting the amount of 0.7 per cent in principle.

Concerning the rights of the Sami people, Finland was taking serious steps towards ratifying International Labour Organization Convention 169 on indigenous and tribal people. A proposal had been drafted and circulated for public comments. Formal negotiations had been held with the Sami Parliament on the proposal. The result of these was that Finland should ratify the Convention. One thing that was considerable was the creation of the Ministerial Working Group on Sami Affairs, which had convened 18 times since May 2013 to put emphasis on Sami affairs. The Sami traditional homeland area was located in the north of the country. The question of climate change had been discussed from the point of view of reindeer-herding, the traditional subsistence way of living of the Sami people. The exact impact of climate change on this was still uncertain. It may have negative effects on the food consumed by reindeers.

Overall, poverty had decreased. However, looking at the socio-economic structure of the population, it could be said that the shared income wage of earners was low. The rate of child poverty was low when compared to most European countries. Over 75 year of age, women were still more at risk of poverty. The Government had underlined the importance of combating poverty and exclusion.

On discrimination against elderly persons, these persons had felt that their needs were not addressed effectively. The basic education of Roma had developed in a good direction but they were still faced with obstacles in entering employment and there were many other obstacles including, among others, poor standard of education and vocational training, their own attitude, as well as deep rooted prejudice against Roma. The amendments to the Gender Equality Act would cover discrimination based on gender identity. Sexual orientation would be covered by the Non-Discrimination Act. The current Non-Discrimination Act did apply to foreigners in Finland in private and public activities.

A special benefit for immigrants was needed because there were some immigrants that did not earn the minimum pension in Finland. If the pension was not enough for individual needs, some more may be received in the form of social assistance. The minimum level of social assistance could be cut if one refused to take a job.

Concerning refugees and asylum seekers, they did not need identification cards. They got an aliens passport and travel document saying identity not confirmed, which resulted in difficulties, and the Government was looking to change this.

Questions by Experts

On the protection of family members, especially mothers and children, were there any statistics on battered women in Finland, asked an Expert? What measures were being taken to try to counter the increase of poverty among families with children? Were there regulations concerning the marketing of certain kinds of food, notably food stuffs that caused child obesity?

Another Expert enquired as to whether there was disaggregated data on how poverty had affected various groups. What remedial steps had been taken to address the problem of access to adequate housing by Roma and Somali communities and how effective had they been? What policies had been adopted to deal with the disproportionate number of homeless persons in Finland, including of foreign origin?

Domestic violence was an issue of great concern. A series of measures and strategies had been taken since 2008. What had been the impact of these measures, asked an Expert? Updated statistics would be welcomed.

An Expert said that some good news had been received that alcoholism was falling, partly attributed to the rise of pricing of alcohol. Was there any trouble with drug abuse? What was the Government’s position on the decriminalization of use and possession of certain drugs?

Another Expert said it seemed that Roma and Somali children were not treated equally with Finnish children. Would these inequalities be removed? Could information be given about the proposal to revive the Sami language? Were children of irregular migrants able to attend compulsory Finnish schooling?

Were there any plans on training teachers in teaching the Sami language, asked an Expert? Finland had the objective of being a country open to scientific research and investigation. This was one part of the right to science. Could more information therefore be given on this?

JAIME MARCHAN ROMERO, Committee Expert and Country Rapporteur for the report of Finland, asked whether more information could be given on the 21 measures that were implemented as part of the programme on reviving the Sami language.

Response by the Delegation

Concerning the action plan on reducing violence against women, material had been targeted at children, young men and disabled persons, among others. On Roma issues, there had been a survey on intimate partners and domestic violence against Roma women, to map special circumstances that affected the women. Concrete tools were available for physicians and school and welfare workers, as well as extended training programmes for municipality workers. Finally, a bill had been submitted to the Government aimed at clarifying that financing of shelter homes had been transferred to the State. There were about 20 shelter homes, of which five were municipal and the rest run by organizations. This was not enough, but it was important to have a legal basis, and the next step would be to develop services. No significant decrease in violence against women had been identified but measures were being stepped up.

There had been an equal pay programme in Finland since 2006. The Government would next year assess the best way to continue the programme and to do so more efficiently than at present. New trends in the labour market were being assessed. The target for the pay gap programme was so to reduce the gap from 20 per cent to 15 per cent. The Gender Equality Action Plan seemed to have become an institutional element in the Government’s gender equality policy. Gender equality targets were being incorporated into the national curricula, which was currently being drafted. The length of men and women’s careers were about the same now, with an average of one year of difference between them.

The Sami definition was included in the Government bill on amendments to the act on the Sami Parliament, currently being discussed by Parliament. The definition required self-identification but also fulfilling some objective criteria. Ninety per cent of the land of the Sami homeland was State owned but 80 per cent of the land was protected in different ways, including the Law on Nature and the Law on Wild Land. The Law on the Protection of Nature had been amended, with a new provision that the basic conditions for maintaining the Sami culture had to be protected in the national and natural parks located in the homeland. The new law on the Protection of the Environment came into force this year and the recent Water Act and Mining Act had also come into force. Activity regulated by these acts would not limit the Sami in exercising their culture, including their traditional means of subsistence. Like in Norway and in Sweden, the State owned the land but the solution for a better protection of the Sami people was to strengthen their right to use their land.

Questions by Experts

JAIME MARCHAN ROMERO, Committee Expert and Country Rapporteur for the report of Finland, recalled mention of a series of initiatives and measures that were adopted with regards to shortcomings concerning certain visible minorities. Were the Russian-speaking and Somali minorities included in the visible minorities concept? Could more be said about the non-visible minorities?

Response by the Delegation

Relating to extraterritoriality, the Government had a working group for the national implementation of the Ruggie Framework. It was concluded that there was not enough information on extraterritorial obligations of Finnish law and it was deemed that a legal study had to be conducted. This study was currently underway.

Men and women were still working in different sectors, at different branches and different levels. The new amendment on the Equality Act would specify equality planning at the workplace. A campaign had promoted more discussion about wages.

Women were mostly working full time. The reconciliation of work and family life was a crucial element in considering gender equality in Finnish society and the labour market. A flexible care allowance had been introduced for parents with children under the age of three who chose to shorten their working hours. Men using parental leave was quite low. To encourage them to take parental leave, the Government had introduced a new quota of nine weeks for paternal leave.

An extensive study had been carried out in 2012, in which persons of various migrant backgrounds in Finland were studied. Access to services, living conditions and experiences of discrimination were examined. Concerns emerging regarded mental health issues, discrimination, obesity and low functional capacity. Only 50 per cent of Somali women had participated in the health checks, which was something that should be addressed. Concerning the Sami population, there had been a survey in 2013 on their access to social and health services in the Sami language. There were no statistics on Roma as studies could not be carried out on ethnic groups. The Non-Discrimination Act was not aimed only at visible minorities, and included the Russian speaking minority and the Roma people. It had been found that the wording of the Act was vague and had to be reviewed.

On whether drugs were a big problem in Finland, it was confirmed that this was not so. Regarding decriminalization of soft drugs, the Government had no plans of doing so, despite public discussion about the issue. There had been discussion but no decision on introducing a sugar tax on unhealthy foods. Obesity was a growing problem. Well educated persons in metropolitan areas were the fittest. Child obesity was unfortunately increasing. Obesity was high but was less than in the South of Europe and in the United Kingdom. Infectious diseases and their prevention were regulated by the Act on Communicable Diseases. The Act was being updated, to strengthen the role of medical doctors at the local levels. The key issue in epidemic situations was cooperation among authorities. Healthcare protocols had been updated and exercises had been carried out.

With regards to a question on sexual harassment and whether touching would be considered sexual harassment, this and similar acts could be punished under different provisions of the Penal Code.

There were quite long queues for social housing, particularly in the metropolitan areas. On housing of minorities, it was forbidden to collect statistics on ethnic grounds, but there were statistics on housing regarding Somalis and Roma. Thirty one per cent of the Somali population were low income households and half of them felt they had difficulties in obtaining enough income. The standard of housing for Roma people was almost the same as for the majority. Many of the problems they faced were the same as for the majority. Additionally, they faced discrimination in the private housing market. The Ombudsman for minorities had gone through all the complaints, of which there had been many on housing issues. Long-term homelessness had decreased. Traditional groups of homeless people were street-dwellers, persons with mental health and drug-related problems, and persons released from prison. The number of homeless immigrant families and young people was on the rise.

Unfortunately, child poverty was still high, when compared with the situation 20 years ago. Measures carried out to combat child poverty included the development of services to prevent exclusion, including benefits. The Government and the Ministry of Social Affairs and Health had recently prepared a guide on child welfare for municipalities.

The Working Group on Transsexuals was appointed to reform the legal recognition of transsexuals. The proposed act would repeal provisions requiring infertility and being unmarried for recognition. The term of the Working Group would end at the end of this year. It was unsure whether this would allow enough time for this Bill to pass.

On occupational safety and health, early intervention on risk factors was emphasized. In 1992, fatal accidents per 100,000 employees was about three and a half per year. Nowadays, it was a little over one per 100,000 employees per year.

Long-term unemployment was indeed increasing. Some funding would be earmarked towards targeting of long-term unemployed persons. From the beginning of next year, there would be a reform of wage subsidies. Those long-term unemployed over the age of 60 would receive a permanent wage subsidy. The municipalities would be encouraged to promote the employment of the long-term unemployed by more strict deadlines. Training measures would be important, and sometimes would have to be combined with mentoring. Apprenticeships and other training methods had been developed. The main reason for long-term youth unemployment was the weak economic situation. The positive news was that youth unemployment spells in Finland were the shortest among European Union countries.

Finland had been able to receive a significant amount of refugees. So far, by the end of October 2014, 875 resettled refugees had arrived. Most refugees moved to municipalities and the usual moving time from reception centres to municipalities was one month and a half.

The Sami population was constantly moving away from the Sami homeland area, where their rights were the strongest. On revitalization of their language, all three Sami languages spoken in Finland were endangered. Measures to address this included boosting the creation of language nests, of which there were currently seven, and further increasing Sami possibilities for education in their own language, including distance learning.

School drop-outs did not constitute a big problem in Finland. However, special attention was paid to Roma pupils, as their drop-out rate seemed to be relatively higher than others. Functional literacy varied in different population groups in Finland.

Civil servants had the right to join trade unions and this right had not been restricted, but rather emphasized. State civil servants were permitted to initiate industrial action although it was more restricted. Regarding the illegal economy, it was thought to represent about 5.5 per cent of Gross Domestic Product and there was a national action plan to reduce it. An overall assessment of legislation on the use of foreign labour would be conducted.

Follow-up Questions

On social welfare law, an Expert asked what measures were provided for undocumented foreigners living in the country. Another Expert enquired about education for undocumented immigrants, and whether their children were entitled to attend school. What was the status of minorities, other than Samis, in the country? How was their cultural identity protected? It seemed that the Kurdish and Somalis faced peculiar difficulties. To what were these related to, asked an Expert?

Finland intended to become a benchmark for the rest of the world in terms of scientific research by 2017, and more details were requested by an Expert in that regard.

An Expert clarified that a previous question was not on civil servants joining trade unions, but on them forming trade unions.

Response by the Delegation

The situation concerning undocumented persons included the right to social care, such as housing facilities, as well as child welfare services. There were groups from outside the European Union that should have health insurance but did not. The current needs and costs of healthcare services for undocumented migrants were being assessed and proposals were being made, including that the State should compensate local authorities for all costs. It was understood that the main reason for specific difficulties faced by the Kurdish and Somali was the trauma experienced before moving to Finland.

It was a constitutional right of all minority groups to maintain and develop their own language and culture, but the Sami and Roma were specifically mentioned as indigenous persons. The Sami were very much against assimilation. They had the same rights as the rest of the society and sometimes even better ones. On whether Somalis had the same rights for mother tongue education, they were treated on an equal basis with other linguistic minorities. On the position of asylum seeker pupils, the situation had been a little problematic as basic education was stipulated as guaranteed for all but the basic education act said municipalities were responsible for arranging education. It had been a matter of discussion whether municipalities considered asylum seekers as permanent residents but according to information received, asylum seekers of age for compulsory school were receiving the education adequately.

On combating inter-cultural intolerance, there was an anti-discrimination programme which also addressed this question. There had been and would continue to be activities to combat this.

Regarding scientific progress, the aim was to support diversification of higher education institutions and enhance the impact of higher education research. Teaching of science in basic education as well as pre-university education was currently at a high level and the results were very positive.

According to the Constitution, there was a right to organize, which covered also industrial action. Civil servants were allowed to join and form trade unions.

Concluding Remarks

ARTO KOSONEN, Director, Ministry of Foreign Affairs of Finland, in concluding remarks, said that there had been a very vivid discussion in an atmosphere of respect. It seemed that there was an upwards and forward spiral. It was highlighted that Finland had ratified the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights. Economic, social and cultural rights were extremely important for all those fighting against poverty. Mr. Kosonen said this would likely be the last time that he headed the delegation of Finland and the Committee was thanked for its welcome.

JAIME MARCHAN ROMERO, Committee Expert and Country Rapporteur for the report of Finland, in concluding remarks, said this had been an extremely productive dialogue. It had been seven years since Finland presented its last report and doubtlessly, significant steps forward had been made in ensuring economic, social and cultural rights in the country. Finland, like all States parties, would be asked to inform about cases where the Covenant had been directly invoked before the court. A great deal of important information had been provided on the Sami people. It was hoped that the commitment expressed to increase official development assistance would be reflected in the next report. Finland was wished every success in implementing all the different measures mentioned.

ZDZISLAW KEDZIA, Chairperson, in concluding remarks, expressed appreciation for the composition of the delegation of Finland, with very high officials of the various branches of Government which really helped the dialogue. Gratitude was also expressed for Finland’s work in the Group of Friends of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights.
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