What is equality?
Equality is a fundamental right safeguarded by the Constitution of Finland. Equality means that all people are of equal value, regardless of their gender, age, ethnicity, nationality, skin colour, language, religion, disability or sexual orientation.
In a just society, all people have equal opportunity to education, employment and access to various services. Fundamental rights are everyone’s rights.
Formal equality
Formal equality means that everyone is always treated the same. However, this does not guarantee equality because formal equality does not consider differences in people’s backgrounds, such as their health, gender, age and language
Substantive equality
Substantive equality may require deviating from formal equality to ensure that everyone is equal, regardless of their background. Substantive equality is promoted with reasonable accommodations such as assistive devices and with equality plans, for example.
The Non-discrimination Act protects against discrimination
The purpose of the Non-discrimination Act is to promote equality, prevent discrimination and improve the legal protection of victims of discrimination.
The Non-discrimination Act protects you against discrimination based on the following:
age, origin, nationality, language, religion or beliefs, opinion, political activity, trade union activity, family relationships, state of health, disability, sexual orientation, other personal characteristics.
The Act also protects you if you are discriminated against based on a false assumption about these characteristics. The Act on Equality between Women and Men, the Criminal Code and the labour legislation specify the prohibition on discrimination in different areas of life.
Everyone has a right to equal treatment. Discrimination means treating some people worse than others based on one of their personal characteristics. Discrimination can occur in working life, education or services.
Treating people differently is not discrimination if the objective of the treatment is acceptable from the perspective of fundamental and human rights, and the means to achieve that objective are proportional. The justifications for different treatment are laid down in the Act on Equality between Women and Men.
Grounds of discrimination
Under the Non-Discrimination Act, no one may be discriminated against on the basis of:
The Non-discrimination Act protects everyone against discrimination based on their age.
‘Origin' refers to a person’s ethnic or national origin.
‘Nationality’ means that a person has the nationality of a certain country.
‘Language’ means Finland’s official languages Finnish and Swedish, Sámi languages, sign languages, and, in certain cases, other languages and different dialects.
According to the Constitution of Finland, the public authorities must provide for the cultural and societal needs of the Finnish- and Swedish-speaking populations on an equal basis. Everyone has the right to use Finnish or Swedish when dealing with a governmental authority or an authority of a bilingual municipality.
According to the Sámi Language Act, in the Sámi homeland, all Sámi people have the right to use a Sámi language or Finnish when dealing with the authorities.
‘Religion’ refers to the traditional world religions such as Christianity, Islam, Judaism, Hinduism and all newer religious movements.
‘Belief’ refers to non-religious views on the world or life, such as atheism.
‘Opinion’ includes a person’s political and societal views and opinions.
‘Political activity’ means participating in political activities, being a member of a political party or voting for a certain party.
‘Trade union activity’ means being a member of a trade union and participating in its activities.
‘Family relationships’ refers to whether a person has a family, and whether they are unmarried, married, in a registered partnership, cohabiting, in another type of romantic relationship, divorced or widowed.
‘State of health’ refers to both physical and mental health. It covers both acute and chronic medical conditions.
‘Persons with disabilities’ refers to people who have long-term physical, mental, intellectual or sensory impairments which, in interaction with various barriers, may hinder their full and effective participation in society on an equal basis with others.
The UN Convention on the Rights of Persons with Disabilities has an official international definition for persons with disabilities.
The authorities, education providers, employers, and providers of goods and services must make the due and reasonable accommodations necessary in each situation for a person with disabilities to be able, equally with others, to deal with the authorities and gain access to education, work, and generally available goods and services, as well as to manage their work tasks and to advance their career.
When the need for such accommodations is determined, the operator’s ability to make such accommodations must also be considered in addition to the needs of the person with a disability.
‘Sexual orientation’ is a personal characteristic concerning to whom a person feels attracted, and whom they love and feel emotional and/or sexual attraction for.
‘Other personal characteristics’ means that the list of characteristics in the Act is not exhaustive. Other personal characteristics include a person’s social status, wealth, appearance or place of residence.