Compliance and enforcement aspects (horizontal provisions of all directives)

• Author: Nousiainen, Kevat
• Pages: 63-66

63

11 Compliance and enforcement aspects (horizontal provisions of all

directives)

11.1 General (legal) context

11.1.1 Surveys and reports about the particular difficulties related to obtaining legal

redress

There are no surveys or reports concerning legal redress.

11.1.2 Other issues related to the pursuit of a discrimination claim

Finnish procedural law does not allow amicus curiae briefs or give an independent position

to social actors. There is very limited access to low threshold bodies as an alternative to

court procedures. This is true of the remedi es available under the Act on Equality, which

only allows access to th e Equality and Non-Discrimination Tribunal for a person alleging

discrimination if the Equality Ombudsman or a Social Partner brings t he case before the

Tribunal. Finnish procedural law does not give specific standing to interest groups in legal

cases. Such groups may, of course, subsidise or assist a complainant, but they have no

formal role.

11.1.3 Political and societal debate and pending legislative proposals

There is currently no po litical and societal debate or pending legislative proposals on this

issue.

11.2 Victimisation

The p rovisions on victimisation are implemented by the Act on Equality. Under Section

8(a)(1), it is d iscriminatory if an employer dismisses an employee or disadvantages an

employee in some other manner when the employee has referred to the rights and

obligations under the Act on Equality, or has been party to handling a case of

discrimination. Under Section 8(a)(2), it is discriminatory if a provider of goods or services

disadvantages a person after that person has referred to th e rights and obligations under

the Act on Equality, or participated in handling a case of discrimination.

11.3 Access to courts

11.3.1 Difficulties and barriers related to access to courts

Although victims of discrimination have access to court, the high costs prevent this from

being realised, and there is a ri sk that the losing party has to pay th e costs of the oth er

party. The evidence required to prove discrimination is often difficult to obtain.

11.3.2 Availability of legal aid

The Equality Ombudsman provides opinions and advice to alleged victims of discrimination

under Section 19 of the Act on Equality. The Ombudsman has a mandate to assist a victim

in court, but the mandate has not yet b een used. Legal aid is provided by public legal aid

offices for persons with low income, and the right to free trials is income-related and not

available for persons with a higher income.