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TITLE: FINLAND HUMAN RIGHTS PRACTICES, 1993
DATE: JANUARY 31, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
FINLAND
Finland is a constitutional republic and a multiparty,
parliamentary democracy. Executive power is vested in the
President. The Cabinet, consisting of the Prime Minister and
16 Ministers who are responsible to Parliament, works with the
President in governing the country. Legislative power is held
by the unicameral Parliament. Judicial power is exercised by
an independent judiciary, including the Supreme Court and
Supreme Administrative Court.
The security apparatus is controlled by elected officials and
supervised by the courts. Finland has a mixed economy with
state owned, privately owned, and publicly owned companies.
Citizens are free to pursue their legitimate private interests,
hold private property, and engage in economic activity without
government interference.
During 1993 there were no reported violations in Finland of
fundamental human rights. Members of national minorities and
women enjoy the same economic and political rights as all other
citizens, although occupational segregation by sex is common
and leadership positions (in non-elected offices) in both the
private and public sectors remain heavily male-dominated.
Individuals are free to pursue their religious beliefs.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
Killing for political motives by the Government or opposition
political organizations does not occur.
b. Disappearance
No cases of disappearances, abduction, or clandestine detention
were reported.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Freedom from torture and cruel, inhuman, or degrading treatment
or punishment is guaranteed by law and is respected in
practice. By law, prisoners must be treated justly with
respect for their human dignity and without distinction on the
basis of race, sex, language, nationality, religious or
political conviction, social position, wealth, or any other
grounds.
d. Arbitrary Arrest, Detention, or Exile
Freedom from arbitrary arrest and imprisonment or exile is
guaranteed by law and respected in practice. Police may hold a
suspect for up to 7 days without charge. The suspect has
access to a lawyer during that time. Once arrested, the
accused must be given a court hearing within 8 days in a city
or within 30 days in rural areas. The state pays legal fees
for indigent defendants.
Circumstances surrounding the arrest are subject to judicial
review at the time the accused is brought to trial. If found
innocent of the crime charged, the accused may apply to the
same court for civil damages, and the arrest is deemed invalid.
Bail as such does not exist in Finland. Individuals charged
with minor offenses may be released on personal recognizance at
the court's discretion. However, those accused of serious
crimes must by law remain in custody pending trial, unless this
would be unreasonable in view of the nature of the crime or the
age of the suspect, or under other exceptional circumstances.
Supervisory personnel from the Ministry of Justice and the
Ministry of the Interior as well as the Parliamentary Ombudsman
and the Chancellor of Justice have authority to enter prisons
and to order the release of prisoners held without charges.
Exile has not been used as punishment in Finland and, by law,
Finnish citizens cannot be exiled.
e. Denial of Fair Public Trial
The right to fair public trial is guaranteed by law and
respected in practice. Finnish citizens and aliens legally
residing in Finland have the right to effective counsel. The
law provides that charges must be clearly stated and that
civilians may not be tried by military courts except in time of
war.
The general court system includes municipal courts, courts of
appeal, and the Supreme Court. The President appoints Supreme
Court justices, who in turn appoint the lower court judges.
Judges receive permanent appointments, but are subject to
mandatory retirement. They may choose optional retirement at
age 63 but must retire at age 70. The judiciary is not subject
to political interference.
In addition to the general courts, a presidentially appointed
Supreme Administrative Court adjudicates appeals from
government decisions on administrative and tax matters. The
Court of Impeachment is convened to handle cases of malfeasance
by cabinet ministers or the Chancellor of Justice. Other
special courts handle labor matters, water rights, and
prisoners' rights. Local courts may decide to conduct a trial
behind closed doors in juvenile, matrimonial, and guardianship
cases, or when publicity would offend morality or endanger the
security of the state. In national security cases, the judge
may withhold from the public any or all information pertaining
to charges against individuals, verdicts, and sentencing.
Sanctions may be imposed if such information is made public.
Provisional tribunals, or tribunals established for the express
purpose of trying certain, specific cases or for the express
purpose of sentencing a certain, specific individual, are
prohibited by the Constitution.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The right to privacy and the sanctity of the home, including
prohibition of eavesdropping and mail tampering, are guaranteed
by law and respected in practice. The police are authorized to
conduct wiretapping under certain conditions of suspected
criminal activity. Senior police officials, rather than
judges, have the authority to issue search warrants; there is
no indication that this power is abused. The police are
subject by law to judicial scrutiny.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Freedom of speech and the press is provided for in the
Constitution and respected in practice. No instances of abuse
or legal decisions restricting freedom of the press were
reported. A law remains on the books allowing the Government
to censor films for foreign policy reasons, but has not been
applied. Full academic freedom exists.
b. Freedom of Peaceful Assembly and Association
Freedom of peaceful assembly and association is provided for by
the Constitution. Public demonstrations require prior
notification to the police. The Government encourages
voluntary organizations and subsidizes private groups formed to
achieve public purposes. These associations are permitted to
maintain relations with other international groups.
c. Freedom of Religion
Finland has two state religions: Lutheran and Eastern
Orthodox. A special tax supports the state churches.
Nonmembers may be exempted from the church tax by changing
their census registration from the church-maintained registry
(where most people are registered) to the civil registry.
Other denominations and religions enjoy complete freedom of
worship. Proselytizing is permitted. About 88 percent of the
population belongs to the Lutheran Church.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Finns are free to travel within the area of the Nordic
countries--Finland, Sweden, Norway, Denmark, and Iceland--
without passports and need not apply for exit visas for travel
to other countries. No restrictions have been placed on
emigration or repatriation. The granting of political asylum
is a matter of frequent public debate, especially because of
increasing numbers of asylum seekers and the costs of
resettlement. In the first 7 months of 1993, 1,230 people
applied for asylum, of whom 234 were granted refugee status.
Local police issued another 1,600 permits to ex-Yugoslavs who
had entered Finland before July 22, 1992. (All of these
permits were 1-year renewable residence permits issued on
humanitarian grounds. In practice, renewal of temporary
permits originally granted on humanitarian grounds is virtually
automatic.) After that date, Finland imposed a visa
requirement on residents of the former Yugoslavia. The largest
groups of asylum seekers in 1993 were from the former Soviet
Union, the former Yugoslavia, and Kurds. The Government of
Finland states that it grants asylum in accordance with the
1951 United Nations Convention and the 1967 Protocol Relating
to the Status of Refugees. Finnish authorities accept
relatively small numbers of refugees and asylum seekers, who
receive generous assistance once admitted. Finland
automatically gives Ingrians (ethnic Finns from Russia)
resident status and resettlement assistance.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Finland is a multiparty, parliamentary democracy in which all
citizens over the age of 18 elect their representatives from
among multiple lists of candidates representing a wide spectrum
of political ideologies. The country has the longest tradition
of women's suffrage in Europe (since 1906) and there are at
present 77 women representatives (of a total of 200) in
Parliament and 6 female ministers (of a total of 17) in the
Cabinet.
Parliamentary and municipal election take place every 4 years,
whereas presidential elections are held every 6 years. At
present, there are nine political parties in Parliament, of
which four form a non-socialist coalition Government, headed by
a Center Party Prime Minister.
Legislation passed in 1991 provides for direct presidential
elections beginning in 1994.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
Several organizations in Finland monitor human rights
performance; they include the Finnish Red Cross, the
government-sponsored Equality Council, the Minorities Rights
Group, and the Women's Rights Union. In conjunction with the
Swedish-language University in Turku, a Human Rights Institute
was founded in 1985 with the stated purpose of conducting human
rights research, performing studies, and distributing
information on human rights. In September 1993 a Center for
the Treatment of Torture Victims was opened in Helsinki.
Finland is a member of the UN Human Rights Commission.
Section 5 Discrimination Based on Race, Sex, Religion,
Disability, Language, or Social Status
Indigenous peoples and ethnic minorities Sami (Lapps), who
constitute less than one-tenth of 1 percent of the population,
benefit from legal provisions protecting minority rights and
customs. Sami language and culture are supported financially
by the Government. The Sami receive subsidies to enable them
to continue their traditional lifestyle, which revolves around
reindeer herding. Sami have full political and civil rights
and are able to participate in decisions affecting their
economic and cultural interests. Swedish is established as a
second official language; about 6 percent of the population
speaks Swedish as a native language.
Women
Women enjoy a wide array of social benefits that provide them
with considerable economic independence. The government-
established Council for Equality coordinates and sponsors
legislation to meet the needs of women as workers, mothers,
widows, and retirees. In 1985 Parliament passed a
comprehensive equal rights bill which mandates equal treatment
for women in the workplace, including equal pay for
"comparable" jobs. In practice, comparable worth has not been
implemented because of the difficulty of establishing criteria,
but the Government, employers, unions, and others continue to
work on implemention plans. Women's average earnings are 80
percent those of men and women still tend to be segregated in
lower paying occupations. While women have individually
attained leadership positions in the private and public
sectors, in general there are disproportionately fewer women in
top management jobs. Industry and finance, the labor movement
and some government ministries remain male-dominated. Women
are not permitted to serve in the military. Despite the large
number of female elected officials, women feel excluded from
the innermost circles of political power. The Government's
Equality Ombudsman monitors compliance with regulations against
sexual discrimination. Of the 114 complaints submitted to the
Ombudsman between January 1 and September 15, 1993, 102 had
been processed, and violation of the law was established in 29
cases.
The law provides stringent penalties for violence against
women; this provision is vigorously enforced by the police and
the courts. The Union of Shelter Homes and municipalities
maintain about 55 shelters for female, male and child victims
of violence in homes all over the country. The annual number
of calls to the police relating to domestic violence is no
longer centrally compiled, but is estimated at some 10,000 to
12,000 per year. Shelter home officials estimate that the
figure is less than half of the number of actual incidents.
Children
Finland monitors the welfare of its children with extreme
care. A tight network of maternity and child welfare clinics
provide services to pregnant women and pre-school aged children
free of charge.
People with Disabilities
Legislative measures protect the disabled from discrimination.
Statutes requiring accessibility to public places were enacted
in the 1970's, but older buildings often lack necessary
facilities for the disabled and the new legislation is not
retroactive. However, the Government will provide financing
for the voluntary retrofitting of older buildings. Equipment
for the disabled is not mandatory on public transportation, but
the government subsidizes improvements undertaken. Local
governments maintain a transport service, which guarantees 18
trips per month for a disabled person. The deaf and the mute
are provided with an interpretation service ranging from 120 to
240 hours per year depending on the seriousness of the
handicap. The severely disabled are guaranteed public housing.
Section 6 Worker Rights
a. The Right of Association
Trade unions are constitutionally guaranteed the right to
organize, assemble peacefully, and strike--rights which are
respected in practice in both the public and private sectors.
Trade unions enjoy a protected status and play an important
role in political and economic life. About 85 to 87 percent of
the work force is organized. In Finland, employers are also
organized into collective bargaining associations. A 1-
million-member blue-collar confederation, the Central
Organization of Finnish Trade Unions (SAK), dominates the trade
union movement. Two other central organizations cover
white-collar, professional, and technical employees. All trade
unions are democratically organized and managed and are
independent of the government and of political parties.
The Finnish Constitution guarantees the right to strike and
strike actions by Finnish workers were decriminalized in 1922.
In 1970 public sector employees were granted the right to
strike. Strikes are restricted in certain cases, and cannot be
called if a central incomes policy settlement (traditionally
negotiated between union federations and central employers'
organizations) is in effect. Also, if more than 10 employees
are involved in a strike, 2 weeks advance notification of the
strike action is required. Trade unions are free to affiliate
with and participate in international bodies.
b. The Right to Organize and Bargain Collectively
The right to organize and bargain collectively exists in law
and practice and is exercised extensively. Finland is a highly
organized society in which over 80 percent of both workers and
employers are members of trade unions and employers' collective
bargaining associations. With very few exceptions, all
collective agreements since 1968 have been based on incomes
policy agreements between central employees' and employers'
organizations and the state. The central agreement covers the
general level of wage and salary increases, other terms of
employment, and a "social policy package" which provides for
vacation, holidays, sick pay, maternity and paternity leave,
travel costs, taxes, rents, etc. Workers are protected against
anti-union discrimination and organization is encouraged in all
sectors of the economy. Employers are required to reinstate
workers if they are fired for union activities; however, this
has not been a issue in recent years.
Finland has no export processing zones.
c. Prohibition of Forced or Compulsory Labor
Paragraph 6 of the Finnish Constitution prohibits forced or
compulsory labor and is honored in practice.
d. Minimum Age for Employment of Children
Compulsory education is legislated in Finland. Comprehensive
school takes 9 years, with school starting at the age of 7
years. It is legal to hire a 15-year old who has completed the
mandatory course work, or who has had at least 10 years of
schooling. The working hours of a 15-year old may not exceed 9
hours a day or 48 hours a week, and must fall between 8 a.m.
and 10 p.m. It is possible to hire a 14-year old, or a person
in her or his fourteenth year, if employed in light work during
school holidays for a maximum of two-thirds of the holiday
period. The working hours of an employee under 15 must not
exceed 7 hours a day and 36 hours a week, and must fall between
7 a.m. and 7 p.m.; there must be a 14-hour period without work
every 24 hours and a 38-hour period without work every week.
e. Acceptable Conditions of Work
Finland has no legislated minimum wage, although all employers,
including non-unionized employers, are required to meet the
minimum wages agreed to in collective bargaining agreements in
their industrial sector. These minimums suffice to provide a
decent standard of living for a worker and family. In 1993
labor and management organizations reached agreement to allow
payment of a sub-minimal wage to young workers or the long-term
unemployed, on a temporary basis. This category of pay, which
was little used in 1993, was authorized for 2 years as of June
15, 1993. The standard legal work week must not exceed 40
hours. Labor laws are enforced by the Government but the
well-organized local union leadership also plays a key role in
ensuring employer compliance. The Government effectively
enforces well-established occupational safety and health
standards, and the unions also seek to ensure that workers'
safety is protected. In 1993 Finland made its regulations
governing worker exposure to dangerous chemicals more stringent
in conformity with European Community regulations. These
regulations are in the process of implementation.
[end of document]
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