Positive action (Article 5 Directive 2000/43, Article 7 Directive 2000/78)

• Author: Hiltunen, Rainer
• Pages: 42-42

42

5 POSITIVE ACTION (Article 5 Directive 2000/43, Article 7 Directive

2000/78)

a) Scope for positive action measures

In Finland, positive action is permitted in respect of all grounds of discrimination (origin,

age, disability, religion, belief, sexual orientation, nationality, language, opinion, political

activity, trade union activity, family relationships, state of health or other personal

characteristics) in Section 9 of the Non-Discrimination Act.

Section 9 states:

‘Proportionate differential treatment that aims to promote de facto equality, or to

prevent or remove the disadvantages attributable to discrimination, does not

constitute discrimination.’

Furthermore, the act obliges all public authorities and those private sector o rganisations

using public power or performing public administrative tasks, education providers and

those employers who employ more than 30 employees, to take steps to foster equali ty.

According to the Non-Discrimination Act this includes the evaluation of the realisation of

equality and taking necessary measures to promote the realisation of equality. It is

further stipulated that these measures need to be effective, expedient and

proportionate.114 In this way the national legislation goes beyond the minimum

requirements laid down in Article 13 of Directive 2000/78.

b) Quotas in employment for people with disabilities

In Finland, national law does not provide for a quota for the employment of people with

disabilities.

114 Non-Discrimination Act, 1325/2014, Chapter 2 - Promotion of equality.