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Franet National Contribution to the Fundamental Rights Report 2020 Franet National contribution to the Fundamental Rights Report 2020 Finland Contractor’s name: Åbo Akademi University, Institute for Human Rights University of Turku, Faculty of Law Authors’ name: Elina Pirjatanniemi (Senior Expert), Juha Lavapuro, Kristiina Vainio, Katarina Frostell, Johanna Vanto, Samuli Melart, Susanna Lundell Disclaimer: This document was commissioned under contract by the European Union Agency for Fundamental Rights (FRA) as background material for the project ‘FRA Fundamental Rights Report 2020”. The information and views contained in the document do not necessarily reflect the views or the official position of the FRA. The document is made publicly available for transparency and information purposes only and does not constitute legal advice or legal opinion. Franet National contribution to the FRA Fundamental Rights Report 2020 Contents Franet country study: policy and legal highlights 2019......................................................................... 3 Chapter 1. Equality and non-discrimination ......................................................................................... 4 Chapter 2. Racism, xenophobia and related intolerance .................................................................... 10 Chapter 3. Roma integration .............................................................................................................. 16 Chapter 4. Asylum, visas, migration, borders and integration ........................................................... 19 Chapter 5. Information society, data protection ................................................................................ 25 Chapter 6. Rights of the child ............................................................................................................. 39 Chapter 7. Access to justice including crime victims........................................................................... 43 Chapter 8. Developments in the implementation of the Convention on the Rights of Persons with Disabilities .......................................................................................... 53 Annex 1 – Promising Practices ........................................................................................................... 57 Annex 2 – Case law ............................................................................................................................ 72 2 Franet National contribution to the FRA Fundamental Rights Report 2020 Franet country study: policy and legal highlights 2019 Issues in the New agency for the administration of courts: The National Courts Administration was fundamental established by an act of Parliament on 22 February 2019 with the aim of further rights strengthening the independence of the judiciary. The agency will start its operations on 1 institutional January 2020. landscape EU Charter of Fundamental Ruling addresses the Charter in cartel case: The Supreme Administrative Court held Rights that the lower court did not meet with the requirements arising from Article 47 of the Charter and the CJEU anti-trust case law when imposing the same penalties for all involved companies. The lower court failed to show in each individual case that the sanctions were in proportion to the gravity of the infringement. Equality and New Maternity Act and Digital Services Act into force on 1 April 2019: The Maternity non- Act ensures that both women in a same-sex couple are legally recognized as mothers from discrimination the moment of a child’s birth. The Digital Services Act implements the Web Accessibility Directive (2016/2102/EU) and promotes digital services’ accessibility, quality and security and enhances disabled persons’ possibilities to use digital services on an equal basis. Reform of the Trans Act on the government agenda: A reform of the Trans Act was included in the new government programme. Racism, Hate crimes: The European Commission against Racism and Intolerance (ECRI) xenophobia & published its fifth report on Finland, including 20 recommendations to combat racism and Roma intolerance. According to Finland’s strategy on preventive police work 2019–2023, the integration resources of the police to prevent hate crime will be strengthened and people will be encouraged to report hate crimes to the police more actively. Roma integration: The implementation of the second National Roma Policy 2018–2022 (ROMPO2), adopted in 2018, started on 1 January 2019. Asylum & Unaccompanied children’s access to services assessed: The Central Union for Child migration Welfare published a report on unaccompanied children’s rights, needs and services on 16 December 2019. The report finds that the current Integration Act does not guarantee adequate services for unaccompanied children. Data protection National supervisory authority and the GDPR: On 1 January 2019, the new Data and digital Protection Act came into force, enabling the Office of the Data Protection Ombudsman to society implement and enforce the GDPR more effectively. Rights of the Procedural safeguards for children who are suspects in criminal proceedings: On 29 child January 2019, the Parliament approved amendments to eight laws required by the incorporation of Directive 2016/800/EU. Following the amendments, children suspects have an enhanced right to be informed of their rights in criminal proceedings. Access to justice, Promotion of rights of victims: The Report concerning the implementation of the including Council of Europe Convention on Action against Trafficking in Human Beings by Finland victims of welcomes the efforts made to strengthen the rights of victims of trafficking and identifies crime several areas in which the Finnish authorities still need to act. Combating violence against women: Despite positive developments regarding the availability of support centres and shelter services for victims of sexual violence, GREVIO’s report on Finland’s implementation of the Istanbul Convention identifies several areas requiring strengthened action. Convention on Finland’s initial report on CRPD: Finland submitted its initial report to the CRPD. the Rights of Persons with Disability 3 Franet National contribution to the FRA Fundamental Rights Report 2020 Chapter 1. Equality and non-discrimination 1. Legal and policy developments in 2019 relevant to combating discrimination based on gender identity, religion or belief, disability, age or sexual orientation The Act on Digital Services (laki digitaalisten palvelujen tarjoamisesta/lag om tillhandahållande av digitala tjänster, Act. No. 306/2019)1 implementing the Directive 2016/2102 of the European Parliament and of the Council on the accessibility of the websites and mobile applications of public sector bodies entered into force on 1 April 2019. The aim of the Act is to promote digital services’ accessibility, quality and security to enhance everyone’s, especially persons’ with disabilities possibilities to use digital services on an equal basis (Section 1). The supervising authority, the Regional State Administrative Agency of Southern Finland (Etelä-Suomen Aluehallinto- virasto/Regionförvaltningsverket i Södra Finland), maintains a website providing online information and guidance documents and videos on the Act and thereto related standards and requirements.2 The reform of the Maternity Act (äitiyslaki/moderskapslagen, Act No. 253/2018) entered into force on 1 April 2019. The new act ensures that both women in a same-sex couple are legally recognised as mothers from the moment of a child’s birth. In case a female same-sex couple has a child through fertility treatment, both women can be legally recognised as the child’s parents before the child is born. Under the previous legislation, the partner not giving birth to the couple’s child was required to adopt the child in order to receive legal status as a parent. This is still required in case of at-home insemination.3 A partial reform of the Non-discrimination Act (yhdenvertaisuuslaki/diskrimineringslagen, Act No. 1325/2014) that entered into force on 1 January 2015 is envisaged in the government programme which was adopted on 6 June 2019.4 An assessment of the Act commissioned by the Ministry of Justice (oikeusministeriö/justitieministeriet) is currently being carried out by the University of Helsinki. The results are expected to be available in March 2020. Issues warranting a review of the current legislation, identified by the Non-Discrimination Ombudsman (yhdenvertaisuus–valtuutettu/diskriminerings- ombudsmannen) in the first report to Parliament, include strengthening access to justice for victims of discrimination by allowing the Non-Discrimination Ombudsman to refer cases to the Non- Discrimination and Equality Tribunal (yhdenvertaisuus- ja tasa-arvolautakunta/diskriminerings- och jämställdhetsnämnden) without identifying the victim, and allowing the Non-Discrimination and Equality Tribunal to order compensation for victims of discrimination. Ordering compensation is currently possible only by the courts.5 Among further legislative reform projects in the area of equality and non-discrimination included in the new government programme is a revision of the Trans Act (laki transseksuaalin sukupuolen vahvistamisesta, lag om fastställande av transsexuella personers könstillhörighet, Act No. 563/2002). 1 Finnish Acts of Parliament can be retrieved from the Finlex database using the name or the number of the act. 2 Finland, Regional State Administrative Agency of Southern Finland (Etelä-Suomen Aluehallintovirasto/Regionsförvalt-
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