Equality in legislation  

Equality is a fundamental right safeguarded in the Constitution of Finland. Many other fundamental and human rights safeguard equality as well. No one can be placed in a different position without an acceptable reason based on their gender, age, origin, language, religion, belief, opinion, state of health, disability or any other personal characteristics.    

The requirement for equality and the prohibition of discrimination are laid down in special legislation on these matters, as well as in labour legislation applied in working life. Discrimination can also be an offence, as provided for in the Criminal Code.  

The tasks of the Ministry of Justice include the drafting of equality legislation and promoting equality. 

Many international treaties also prohibit discrimination and require measures for safeguarding equality. Such treaties include the following: 

• European Convention on Human Rights
• European Social Charter
• UN Convention on the Rights of Persons with Disabilities
• International Convention on the Elimination of All Forms of Racial Discrimination 
• International Covenant on Civil and Political Rights 

Non-discrimination Act 

The Non-discrimination Act is an important piece of legislation safeguarding equality. The purpose of the Act is to promote equality, prevent discrimination and improve the legal protection of victims of discrimination.  

The Non-discrimination Act must be complied with in all public and private activities. However, the Act does not apply to activities pertaining to private or family life or the practice of religion. The Non-discrimination Act also does not apply in matters pertaining to gender equality or gender-based discrimination. The Act on Equality between Women and Men is applied in these cases.  

What is discrimination? 

The Non-discrimination Act prohibits discrimination based the age, origin, nationality, language, religion, belief, opinion, political activity, trade union activity, family relations, state of health, disability, sexual orientation, or any other personal characteristics. 

More information about grounds of discrimination (link) 

Prohibited discrimination may be direct (immediate) or indirect. Harassment, denying reasonable accommodation to a person with a disability, and ordering or instructing another person to discriminate also constitute discrimination. 

Prohibited discrimination may be based on a real or assumed personal characteristic of the person discriminated against. 

The Non-discrimination Act also prohibits treating a person worse than others because the said person has invoked their rights under the Non-discrimination Act, contributed to the investigation of a matter related to discrimination or otherwise worked to safeguard equality. This is called the retaliation or countermeasure ban. 

The Act on Equality between Women and Men prohibits discrimination based on gender, gender identity and gender expression, pregnancy, childbirth, parenthood or another duty to care for family, among other reasons. 

A person can be discriminated against because of several of their personal characteristics. This is called multiple discrimination. 

What does not constitute discrimination? 

Treating people differently does not always constitute discrimination. The following are examples of cases that are not discrimination:  

• Treating someone badly or inappropriately for a reason other than those included in the legislation as grounds of discrimination.
• Treating someone differently in a positive way with the purpose of promoting equality and deliberately preventing discrimination.
• Different treatment based on legislation, where the different treatment has an acceptable objective, and the measures are proportionate. This means that prohibiting minors from purchasing alcohol does not constitute discrimination, for example.

Treating people differently is also allowed when there is no applicable legislation, but the requirements of the Non-discrimination Act are met.