General legal framework

• Author: Hiltunen, Rainer
• Pages: 15-15

15

1 GENERAL LEGAL FRAMEWORK

Constitutional provisions on protection against discrimination and the

promotion of equality

The Finnish constitution includes the following articles dealing with non-discrimination.

- Section 6(1) of the Constitution20 is a general clause: ‘Everyone is equal before the

law’.

- Section 6(2) defines the prohibition of discrimination and the protected grounds:

‘No one shall, without an acceptable reason, be treated differently from other

persons on the ground of sex, age, origin, language, religion, conviction, opinion,

health, disability or other reason that concerns his or her person.’

- Section 6(3): is a children’s rights article: ‘Children shall be treated equally and as

individuals and they shall be allowed to influence matters pertaining to them to a

degree corresponding to their level of development.’

These provisions apply to all areas covered by the directives. Their material scope is

broader than those of the directives. The constitutional anti-discrimination provisions are

directly applicable. Section 6 has been invoked in courts.21

These provisions can be enforced against private individuals (as well as against the

state). Although the primary thrust of Section 6 is to ensure equal treatment in the use

of public powers, Section 6 may in some situations have a bearing on relationships

between private parties as well. Mostly this effect takes place through statutory law

which implements the constitutional principle of equal treatment, although in some

situations Section 6 may be more ‘directly applicable’, e.g. as a ground for claiming

damages or as a ground for determining that a specific clause of an agreement is to be

considered ‘unjust’.22

20 Constitution (Perustuslaki) 731/1999 Available at: http://www.finlex.fi/fi/laki/ajantasa/1999/19990731.

21 See e.g. Hallberg, P. (1999) in Hallberg et al, Perusoikeudet (Fundamental Rights), WSOY, pp. 704, 717,

719; Kortteinen, J., Makkonen, T. (2000), Oikeutta rasismin ja syrjinnän uhreille – Etnisen syrjinnän

vastainen käsikirja (Justice to the Victims of Racism and Discrimination – a Manual Against Ethnic

Discrimination), Ihmisoikeusliitto.

22 Scheinin, M. (1999) ‘Yhdenvertaisuus ja syrjinnän kielto’ (Equality and the Prohibition of Discrimination), in

Hallberg et al, Perusoikeudet, WSOY, p. 260; Makkonen, T. (2003) Syrjinnän vastainen käsikirja, IOM

Helsinki, p. 101.