Remedies and enforcement

• Author: Hiltunen, Rainer
• Pages: 43-49

43

6 REMEDIES AND ENFORCEMENT

6.1 Judicial and/or administrative procedures (Article 7 Directive 2000/43,

Article 9 Directive 2000/78)

a) Available procedures for enforcing the principle of equal treatment

In Finland, the following procedures exist for enforcing the principle of equal treatment:

judicial, administrative and alternative dispute resolution procedures, such as mediation.

Their availability differs depending on the domain of life in which the breach occurred.

As regards, inter alia, employment, education, the provision of goods and services, the

exercise of public powers and the arranging of public meetings, a victim of discrimination

may bring criminal charges. Discrimination is considered a crime under public

prosecution in the Criminal Code. This means, inter alia, that after a victim of

discrimination has filed a crime report to the police, the police have to investigate the

matter under the leadership of a prosecutor (pre-trial investigation).

As regards the exercise of public powers, employment, education and the provision of

goods and services, a victim of discrimination may file a claim, in a district court, for

compensation under the Non-Discrimination Act. The payment of compensation is not

connected to criminal liability.

As regards areas covered by the Non-Discrimination Act, a victim of discrimination may

turn to the Non-Discrimination Ombudsman for advice and assistance in having the

discrimination examined. People who consider that they have been discriminated against

may also ask the Ombudsman to lead conciliation proceedings. In cases other than those

relating to employment, the Ombudsman may issue statements on any discrimination

case submitted to him. The statements of the Ombudsman are not legally binding.

The National Non-Discrimination and Equality Tribunal may confirm a settlement between

the parties or prohibit the continuation of a conduct that is contrary to the prohibition of

discrimination or victimisation. The tribunal does not have jurisdiction in employment.

The decisions of the tribunal are binding, but can be appealed against in an

administrative court. The tribunal may also order a party to fulfil its obligations by

imposing a conditional fine. If the prohibition order is not followed, an order for the

payment of the conditional fine can be made in separate proceedings, on the request of

the applicant.

As regards employment, compliance by employers with anti-discrimination law is

supervised by the occupational health and safety authorities. They may receive

communications from employees, and carry out on-site inspections in the private sector,

and if they consider that there are probable grounds to suspect that discrimination, as

defined in the Criminal Code, has taken place, they must report the case to a public

prosecutor. In less severe cases of discrimination, the occupational health and safety

authorities can issue an improvement notice.115 The improvement notices that the

occupational health and safety authorities issue are legally binding. Discriminatory

provisions included in an employment contract may be annulled or amended by an

ordinary court or by the Labour Court if the matter deals with a collective agreement.116

If a discriminatory decision is made in the exercise of public powers, a victim of

discrimination may make use of the rectification procedure (in other words, they can

115 Occupational Safety and Health Enforcement and Cooperation on Occupational Safety and Health at

Workplaces Act (Laki työsuojelun valvonnasta ja työpaikan työsuojeluyhteistoiminnasta), 44/2006, Section

13.

116 According to Section 25 of the Non-Discrimination Act, a court may amend or ignore contractual terms that

are contrary to the prohibition of discrimination or victimisation.