UNIVERSAL PERIODIC REVIEW - UPR A report on the implementation of the recommendations by the Government of Finland

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UNIVERSAL PERIODIC REVIEW - UPR

A report on the implementation of the recommendations by the Government of Finland

ACCEPTED RECOMMENDATIONS

Recommendation Ministry Implementation measures

89.1. Advance its efforts to ratify CRPD (Namibia) / Actively consider ratifying CRPD (China) / Ratify and implement the CRPD, with active involvement of representatives of persons with disabilities (Slovenia) / Expedite the on-going internal proceedings and ratify the CRPD and its Optional Protocol enabling individual complaints (Portugal);

FULLY IMPLEMENTED

Ministry for Foreign Affairs, Ministry of Social

Affairs and Health

Finland ratified the UN Convention on the Rights of Persons with Disabilities and the accompanying Optional Protocol on 11 May 2016. The Convention and the Protocol entered into force in Finland on 10 June 2016.

The ratification of the Convention required changes to legislation, most recently to the Act on Special Care for Mentally Handicapped Persons (23.6.1977/519).

Provisions were added to the Act which relate to the strengthening of the right to self- determination, support for independent activity and a reduction in the use of restrictive measures. Provisions were also added to the Act which relate to the conditions necessary for the use of restrictive measures and the procedure which is to be followed once the restrictive measures have ceased.

Furthermore, provisions were added to the Act regarding the recording of and follow- up procedures for restrictive measures, obligations for reporting and notification of restrictive measures, official legal responsibility and liability for damages, and strengthened supervision by authorities. In addition, the provisions of the Act which relate to involuntary special care were changed so as to conform with the requirements of the UN Convention on the Rights of Persons with Disabilities.

The Ministry for Foreign Affairs and the Ministry of Social Affairs and Health constitute together the focal point referred to in the Convention on the Rights of Persons with Disabilities. A new Advisory Board for the Rights of Persons with Disabilities was appointed in January 2017. It operates as a coordination mechanism under the Convention. It will designate from among itself a representative to participate in the activities of the focal point. One third of the members of the coordination mechanism represent persons with disabilities.

The national human rights institution, consisting of the Human Rights Centre, its Human Rights Delegation and the Parliamentary Ombudsman, is an autonomous and

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2 independent structure that works to promote, protect and monitor the national implementation of the Convention. In June 2016 a human rights committee of persons with disabilities was established as a permanent division under the Human Rights Delegation for the inclusion and participation of these persons and their representative organisations.

89.2. Continue strengthening efforts to ratify CED (Argentina) / Ratify CED and fully recognize the competence of the Committee on Enforced Disappearances (France);

IN THE PROCESS OF IMPLEMENTATION

Ministry for Foreign Affairs,

Ministry of Justice

The Government intends to ratify the Convention during its term of office.

Amendments to the Criminal Code are considered.

89.3. Ratify the Optional Protocol to CRC on the sale of children, child prostitution and child pornography (Belgium);

Ministry for Foreign Affairs

The Protocol took effect in respect of Finland on 1 July 2012.

89.4. Proceed swiftly with the ratification of the OP- CRC-SC and OP-CAT (Estonia);

Ministry for Foreign Affairs of Finland, Ministry

of Justice

See para. 89.3.

The Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment took effect in Finland in November 2014.

The Parliamentary Ombudsman Act (197/2002) has been amended in order to take account of the Ombudsman's duties as the national preventive mechanism referred to in Article 3 of the Protocol. The amendment took effect on 1 July 2013.

The Parliamentary Ombudsman was designated as the national preventive mechanism under the Protocol. Under the Parliamentary Ombudsman Act, the Ombudsman already had the special duty of inspecting closed institutions and overseeing the treatment of the inmates. However, the Optional Protocol brought several new elements and requirements to the inspections. The competence of the national preventive mechanism also extends to other private entities maintaining places where

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3 persons deprived of their liberty are or may be kept in detention at an authority’s order or request or with its consent or contribution.

89.5. Ratify OP-CRC-SC, OP-CAT, CRPD and its Optional Protocol, CED, and OP-ICESCR (Spain);

IMPLEMENTATION IN PROCESS (CED)

Ministry of Justice, Ministry

of Social Affairs and Health

See paras. 89.1, 89.2, 89.3 and 89.4.

The Optional Protocol to the Covenant on Economic, Social and Cultural Rights (OP- CESCR) took effect in respect of Finland on 30 April 2014.

89.6. Consider signing and ratifying the ICRMW (Egypt);

NOT IMPLEMENTED

Ministry of Economic Affairs and Employment

In 1992, 2004 and 2011 the Government considered the possibility of ratifying the Convention but concluded, on the basis of received comments, that it was not meaningful to ratify it. Finnish law makes no distinction between migrant workers and other immigrants. The same constitutional rights and ratified human rights instruments protect all. Their eligibility for social security is based either on employment or residence in Finland. In addition to the national social security legislation, social security agreements concluded by Finland and the European Union’s social security legislation – all including the obligation of equal treatment – influence the status of foreign employees.

89.7. Consider ratifying ICRMW as well as ILO Convention no. 189 on decent work of domestic workers (Philippines);

NOT IMPLEMENTED (ICRMW)

Ministry of Economic Affairs and Employment

See para. 89.6.

ILO Convention No. 189 concerning Decent Work for Domestic Workers entered into force in Finland in January 2016. When ratifying it, Finland had to repeal the Act on the Employment of Household Workers and to ensure household workers equal treatment to the extent possible.

89.8. Ratify promptly the ILO Convention 169 Ministry of In November 2014 a Government Bill to ratify ILO Convention No. 169 (HE 264/2014 vp)

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4 (Nicaragua) / Conclude as soon as possible the

process towards the ratification of the ILO Convention (169) on indigenous and tribal peoples in independent countries and carry out the necessary internal normative adjustments to this end (Mexico) / Ratify ILO Convention No. 169 on Indigenous and Tribal Peoples in Independent Countries within the term of office of the current government administration (Norway);

IMPLEMENTATION IN PROCESS

Justice was submitted to Parliament. The reading of the matter was transferred to the post- electoral new Parliament, where it is still waiting for further action. In this context, the Government commissioned in 2016 a new study which draws from the international norms, experiences and practices relating to the rights of indigenous peoples. The study was published on 25 January 2017. The study provides elements for continued discussion about the Convention.

During the current electoral period the Ministry of Justice aims at revising the Act on the Sámi Parliament.

89.9. Consider adhering to and/or ratifying all those international human rights instruments that have not been adhered to and/or ratified (Ecuador);

NOT IMPLEMENTED

Ministry for Foreign Affairs

See paras. 89.1.–89.8.

89.10. Take further legislative and institutional measures for the promotion and protection of human rights including those of the immigrants (Nepal);

All Ministries A new Discrimination Act came into force at the beginning of 2015. The new legislation provides equal protection against discrimination regardless of the ground of discrimination and the field of life. For example, the following changes compared with the previous legislation have taken place: 1) one authority, the Non-Discrimination Ombudsman, is responsible for monitoring on and promotion of equality concerning all grounds of discrimination excluding gender and gender minorities; 2) the National Discrimination Tribunal and Gender Equality Board have been combined as a one single impartial and independent judicial body: the National Non-Discrimination and Equality Tribunal; 3) the labour and occupational safety authority continues to be responsible for monitoring discrimination in working life, but the Non-Discrimination Ombudsman

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5 also has a role in the prevention of discrimination in working life; 4) an Equality Plan covering all grounds of discrimination is obligatory for all employers who regularly employ more than 30 persons, for organizers of education and for authorities; 5) neglecting reasonable accommodation is considered as discrimination.

When drafting legislation, authorities must take into account fundamental rights and the human rights instruments binding on Finland.

In 2015 Finland received 32 400 asylum seekers which was a considerable amount compared to the Finnish population. The first package of measures in order to cope with the new situation and secure fundamental and human rights of asylum seekers was adopted by the Government in September 2015. In December 2015 the Government adopted an Action Plan for Asylum Policies consisting of 95 measures. The Action Plan contains measures e.g. on asylum procedures as well as services and social security benefits for asylum seekers. In May 2016 the Government adopted an Action Plan on integrating asylum seekers into the Finnish Society, education and work. Each Ministry is carrying out the measures in its area of responsibility.

The Ministry of Social Affairs and Health has given instructions on the rights of asylum seekers to social and health services and how different actors must fulfil their obligations. The Ministry has also commissioned a study on how municipalities have coped with arranging social and health services to the newly arrived. The Government’s key project on addressing child and family services contains a specific section on children and families with a migrant background.

One very important issue is to identify mental health problems among the asylum seekers and to respond to their needs. Funding from the Slot Machine Association and from the EU has been directed to developing mental health services and low threshold activities for asylum seekers. Social and health professionals working in reception centres have been trained to identify mental health problems and to give first aid to the persons in need.

The Future of Migration 2020 Strategy, adopted by the Government in June 2013, sets the following objectives:

Attention must be given to ensuring that fundamental and human rights are enjoyed equally in Finnish society, and more information than at present must be provided about these, both to migrants and to the majority population.

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6 Discrimination of all kinds must be prevented and combated through more effective intervention and by drawing attention to discrimination and experiences of discrimination.

Through action by the appropriate authorities, the identification of victims of human trafficking, the provision of help for them and the exercise of their rights must all be conducted more effectively.

The National Board of Education has revised the national core curriculum for pre- primary and basic education. In the revised curriculum human rights, democracy education and children’s participation have been given a more important role.

The Finnish National Board of Education has prepared a National Core Curriculum for Early Childhood Education and Care (ECEC), which will be finalised in October 2016.

Municipalities are to adopt local ECEC curriculums based on the national core curriculum by August 2017. Obligations arising from the international agreements to which Finland is party, like the European Convention on Human Rights and the UN Convention on the Rights of the Child, will be taken into account in the provision of instruction. In Finland ECEC and pre-primary education is constructed on the idea of the intrinsic value of childhood. Each child is unique and valuable as he or she is. Each child has the right to be heard, seen, noticed and understood as an individual and as a member of his or her community. Also children's diversity and different ways of acting and learning are appreciated.

Finland has fostered the education of immigrants by introducing preparatory education for upper secondary education for immigrants and foreign language students. The education, which is voluntary for providers of education, has begun in autumn 2014.

New kinds of preparatory training programmes for vocational upper secondary education "Valma" and for work and independent living "Telma" were launched on 1 August 2015.

"Valma" is a training programme that does not lead to a degree, where the varying special needs of the students are taken into account. The training is primarily intended for young people who have completed their basic comprehensive education and need better studying skills, guidance and support in selecting the next steps in education and an occupation. "Telma" is intended for those who due to illness or disability are unable to attend education that leads to a degree after the preparatory training. The new

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7 training programmes also contribute to multiculturalism at education institutions. At the same time integration of students from different backgrounds supports equality and non-discrimination among all students.

A SIMHE project which supports Immigrants in Higher Education in Finland started in 2016. The aim of the project is to identify the competence of highly educated immigrants at an early stage, and streamline recognition of prior learning (RPL) of highly educated immigrants who reside in Finland with various statuses, guiding them to higher education and working life both on national and regional level.

The Ministry of Education (Division for Youth Policy) has supported a multi-annual programme of the Finnish NGO (Lastensuojelun Keskusliitto, Central Union for Child Welfare) which aims to raise the awareness of the people in general, and especially those working with the children and youth, on the rights of the child, including the UN Convention on the Rights of the Child. The project is apt to provide better protection of children from misconduct and discrimination.

In February 2016, a steering group appointed by the Ministry of Education and Culture explored immediate actions to be taken in education, culture, sport and youth work to address the asylum and immigration situation. The steering group was tasked with preparing and fitting together the Ministry and the administrative branch's short and long-term procedures resulting from the situation concerning the asylum-seekers and growing immigration.

On 7 March 2014, the report on a study of the right of undocumented persons to health care services, commissioned by the Ministry of Social Affairs and Health and conducted by the National Institute for Health and Welfare, was submitted to the Minister of Health and Social Services.

A Government Bill (HE 343/2014 vp) on the obligation of local authorities to arrange certain health care services for certain groups of migrants in an irregular situation was submitted to Parliament in December 2014. The Bill lapsed as the Parliament was not able to adopt it before the Parliamentary elections of April 2015.

See also para. 90.17 on reforms concerning the judicial system.

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8 89.11. Ensure that the National Human Rights

Institution is fully compliant with the Paris Principles (India);

Ministry of Justice

In establishing the national Human Rights Centre in Finland, the Government took the Paris Principles fully into account. Finland's National Human Rights Institution has been accredited with A status. The International Coordinating Committee of National Human Rights Institutions (ICC, now GANHRI) adopted its decision at the end of December 2014. The A status was formally presented to the institution at UN headquarters in Geneva in March 2015.

89.12. Reinforce its efforts, such as the drafted National Action Plan for Reducing Crime, to eliminate the phenomenon of bullying and violence at schools (Slovakia);

Ministry of the Interior, Ministry of Education and

Culture

The police are implementing their Strategy for Neighbourhood Police Activities by active measures, e.g. by raising legal awareness among children and young people at schools. Many schools have appointed a school police officer of their own to support them in different matters related to peace at school. The police also participate in the activities of the Mannerheim League for Child Welfare to promote peace at school.

Under the national information campaign against discrimination, the Ministry of the Interior has prepared related pedagogic material for teachers and arranged training sessions for teacher students.

The Ministry of Education and Culture has financed the KiVa Anti-Bullying Programme (“kiva” means nice), which is a research-based programme aimed at reducing school bullying. The KiVa programme involves both universal and indicated actions to prevent bullying and to tackle cases of bullying coming to attention. The project has been developed in co-operation with the University of Turku and the Centre for Learning Research. About 90% of all comprehensive schools have registered as users of the programme and started implementing the programme. The further development of the programme rests with the University of Turku since 2011 (www.kivakoulu.fi).

The Ministry of Education and Culture finances the Opintokamu programme for 2014–

2018. It is carried out by the University of Turku. The programme aims to develop an action plan to foster psychosocial wellbeing and management of life skills, and to reduce school bullying, school exclusion and an overburdening of the student welfare services in upper secondary education.

The Ministry of Education and Culture gave financial aid between 2012–2015 to the Multicultural Association Walter's Kytke project (“kytke” means connect”), which aims were to promote the acceptance of diversity and equality in schools by carrying out visits to schools and to parents' meetings.

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9 89.13. Brief the Human Rights Council in their UPR

mid-term review report on the lessons learnt of the National Action Plan on Fundamental and Human Rights, including on the effectiveness of the established indicators (Hungary);

Ministry for Foreign Affairs of Finland, Ministry

of Justice

Finland's first national action plan on fundamental and human rights was prepared for 2012–2013. A Government Network of Contact Persons for Fundamental and Human Rights, consisting of representatives of all ministries, was made responsible for monitoring the implementation of the action plan. The network was supported by a panel of fundamental and human rights actors, consisting of representatives of the special ombudsmen (Non-Discrimination Ombudsman, Ombudsman for Equality, Ombudsman for Children and Data Protection Ombudsman), the Human Rights Centre and civil society.

The Government commissioned an external evaluation of the preparation, content and implementation of the action plan. The findings made during the evaluation indicate that the action plan process is useful as an instrument of the Government's human rights policy. The evaluation report commended especially the close dialogue between the group drafting the action plan and civil society during the preparation of the plan.

On the other hand, the action plan was criticized for the lack of concrete measures in some areas where needs for development had been identified. Thus, the plan should have focused better on the major human rights problems.

The action plan did not include actual indicators, but the evaluation report, too, supported the idea of linking the monitoring of fundamental and human rights with indicators or gauges agreed in advance.

Finland's second National Action Plan on Fundamental and Human Rights (2017-2019) focuses on the following subjects: fundamental and human rights education and training, equality and self-determination, as well as fundamental rights and digitalisation.

89.14. Undertake further measures aimed at protection of women’s rights, including prevention of violence (Ukraine);

Ministry of Social Affairs and Health, Ministry

of the Interior

The new Government Action Plan for Gender Equality 2016–2019 collates the objectives and measures by which Prime Minister Juha Sipilä's Government promotes equality between women and men. The Action Plan is an instrument for coordinating gender equality policy in the Government. It incorporates measures that all ministries bear responsibility for in their respective administrative branches. The Action Plan consists of approximately thirty measures concerning working life, equal pay, economic decision-making, immigrant reception and integration services, reconciliation of work and family, parenthood, gender segregation in education and labour market, education, sports resources and library services, violence against women and intimate partner violence, and men’s health and wellbeing. The Action Plan also includes other measures

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10 to ensure that all Ministries assess the gender impacts of their activities and take them into account in their decision-making. A working group will be appointed to support and monitor the implementation of the measures of the Action Plan and to report to the Government. The Ministry of Social Affairs and Health coordinates the work in relation to the Action Plan and its follow-up.

See also paras. 89.15 (Reform of the Equality Act), 89.28, 90.9 (Violence against women), 90.19 and 90.20 (Equal Pay Programme).

The Government's previous five-year action plan (2010–2015) to reduce violence against women ended in 2015. An external evaluation of the action plan showed that the Action Plan was a good instrument in promoting multi-sectoral actions of violence reduction. The implementation of the Action Plan initiated many concrete measures that are also required by the Council of Europe Convention on preventing and combating violence against women and domestic violence (“Istanbul Convention”).

The key results of the action plan's implementation include e.g. taking intimate partner and family violence into account as a reason for the granting of support measures under the renewed Social Welfare Act (11§; 1301/2014), quality recommendations on shelters to women who are victims of such violence, training of key trainers, development and implementation of the so-called MARAK (Multi-Agency Risk Assessment) -tool, as well as the preparation and publication of various guide books, manuals and web pages.

Finland ratified the Council of Europe Istanbul Convention in August 2015. The national implementation of the Convention is under way. The new Act on Reimbursement out of State Funds for Providers of Shelters for Victims of Domestic Violence (1354/2014) entered into force 1 January 2015. The Act transferred the responsibility for financing the services provided in the shelters to the State. The purpose of the new act is to guarantee qualitative and comprehensive shelter services all over the country. The new legislation defines also competence requirements for the shelter personnel. Shelter services are free of charge. For the year 2016, a total of 11.3 million euros have been allocated to 19 shelters that accommodate altogether 118 family places.

In 2016 Finland piloted a so called remote shelter project, the aim of which was to develop shelter services is sparsely populated areas. The project involved establishing a 24/7 remote shelter in connection with a social and health care unit. Psychosocial support for shelter customers was provided from a central shelter via remote access.

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11 The operation of the remote shelter in the pilot area has been made permanent from 2017 onwards with the help of Government funding, and the objective is to have similar remote shelters in other sparsely populated areas in the future.

A government funded 24/7 helpline for the victims and survivors of violence became operational in December 2016.

National activities to be undertaken for the purpose of eliminating violence against women will be laid out in a future action plan to be drafted by the coordination body that has been designated in December 2016 in accordance with Article 10 of the above- mentioned Convention. The coordination mechanism will draft an action plan for a term of four years, including plans on detailed cross-ministerial monitoring.

The Action Plan for the prevention of circumcision of girls and women 2012–2016

(available at

https://julkaisut.valtioneuvosto.fi/bitstream/handle/10024/73924/URN%3ANBN%3Afi- fe201504226370.pdf?sequence=1) is ongoing.

The National Action Programme for the Promotion of Sexual and Reproductive Health, published by the National Institute for Health and Welfare in 2014, lays out national policies as well as recommendations for municipalities and other actors on promoting sexual and reproductive health. The Action plan includes recommendations for the prevention of FGM. The work will also be continued as part of the implementation of the Istanbul Convention. The Action plan has an extensive chapter on sexual violence.

Preventive measures against domestic violence are also going on in many areas where it is possible to influence risk factors causing violence against women. These measures include the Action Plan on Alcohol, Tobacco, Drugs and Gambling, the Internal Security Strategy (underway) and others which take into account the targets set in the National Action Plan to Reduce Violence against Women 2012-2015. The measures set out in the National Action Plan to Reduce Violence against Women are still in force.

In spring 2016 the National Institute for Health and Welfare published the national guidelines for helping victims of sexual violence. It provides directions to district hospitals on how to create a local treatment chain for helping victims of rape and other forms of sexual abuse. The treatment chain is aimed at creating a seamless continuum of a rape victim's treatment, as well as generating more consistent and uniform nationwide services. The treatment chain includes the examination of the rape victim, as well as the provision of both physical and mental treatment and support services.

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12 Furthermore, the legal status of the victim is improved by ensuring the victim's access to legal aid. The treatment chain combines both public and third sector services.

The National Institute for Health and Welfare has launched a pilot project for crisis centres for victims of sexual violence. The first pilot centre should start operating in 2017. In the pilot, acute services for victims of sexual violence will be centralized into one centre that will direct the victim to follow-up treatment and services. The crisis centre is a nation-wide pilot, the long-term aim of which is to establish a crisis centre in connection with each of the five university hospitals in Finland, thus covering the whole country.

Women's rights and the prevention of violence cannot be separated as specific subjects in the education and training of the police. These issues are integrated into the study modules. In the basic degree programme of the police, the courses in general police theory discuss the Internal Security Programme thoroughly from the perspective of preventive activities of the police. Particular focus is given to the opportunities of an individual policeperson to influence security challenges. The courses in preventive work and neighbourhood police activities include the subjects of intimate partner violence, early intervention, problem-orientation and e.g. local security planning.

During advanced studies, the police students acquaint themselves with fundamental and human rights when addressing problems encountered during their workplace learning. The objective in building the students' legal and ethical know-how is that they should know and learn the norms regulating police activities and the ethical principles of the police so that they recognise and internalise the courses of action expected of the police.

The degree programme emphasises the obligation of the police both to protect fundamental rights and to interfere with them within their clearly delimited competence. The instruction follows a human rights friendly interpretation of competence provisions. The regulation of fundamental and human rights and the principles of good governance are basic elements in the instruction of administrative law during the police education.

The objective of the courses in preventive activities is to introduce the students to the working methods applied in neighbourhood police activities. Theme courses focus on such themes as intimate partner violence, early intervention and child welfare. In the context of intimate partner violence and early intervention, e.g. restraining orders can be discussed as concrete measures.

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13 The essential elements of offences taught during courses in criminal law are discussed from the perspective of objects of legal protection and the fundamental and human rights underlying the provisions concerning work safety offences, restraining orders, stalking, homicide and bodily injury, and sexual offences. The essential elements of offences are taught both in theory and in light of practical cases. This makes the teaching easy and concrete and permits to underline the specific features of each subject area.

The students are required to weigh and ponder different fundamental and human rights and to take interpretative positions on that basis. When analysing different cases the students are required to identify the problem independently and to contemplate how to approach it during criminal investigation. In the reformed degree programme of the police (a polytechnic-level degree), to start in autumn 2014, the significance of fundamental and human rights will be increasingly emphasised (Police Act , Chapter 1, section 2).

Courses in criminology deal with such subjects as theories explaining crime and the specific features of crime in Finland. The draft curriculum was completed on 15 November 2013.

In accordance with the Internal Security Programme, the police are, in some areas, carrying out the MARAK programme, based on a risk assessment model for intimate partner violence. The MARAK programme is a new action programme intended to address intimate partner and family violence in a cross-administrative working group.

89.15. Continue its efforts in eliminating discrimination and preventing violence against women and children (Indonesia);

Ministry of Social Affairs and Health, Ministry

of Justice, Ministry of the

Interior

See paras. 89.14, 89.15, 89.28, 89.42, 90.3, 90.19, 90.20 and 90.9.

The Don’t hit the child! National Action Plan to Reduce Corporal Punishment of Children 2010–2015 included targets that extended to the year 2015. A Child Victim study carried out in 2008 has been repeated by the Police Academy and was published in 2014. The results indicate that violence against children is still more common and more commonly tolerated than violence against adults. However, a number of the study's findings indicate a steady decline in the prevalence of violence since the 2000s.

Moreover, a study on the attitudes towards corporal punishment of children that was published by the Central Union for Child Welfare in the spring 2014 shows that between 2004 and 2014, the number of adults who approve of corporal punishment as a means of discipline has declined from 34% to 15%.

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14 Currently, children are at the core of one of the key projects of the Finnish Government. The programme to address child and family services aims at a fundamental change in the whole service system for children and families. The goal is to commit the public sector to an approach that better promotes children's rights in decision-making and services and reduces health and wellbeing inequalities. The aim is to provide low-threshold child, youth and family services that work seamlessly together and to give more support to parenting and create tools to monitor children's wellbeing.

There is a separate section in the programme targeted at reducing violence against children. An action plan to implement the programme is currently being developed. It will build upon, inter alia, the action plan to reduce corporal punishment of children.

Through the amendment to the Child Welfare Act (741/2007) that came into force on 1 April 2015, many officials and professionals working in the social-, health- and other services where children are met, were set a duty to inform the police in cases where there is a suspicion of child abuse. Before they only had to inform the police in cases where they suspected sexual abuse of a child. Moreover, a right of other persons to inform the police, notwithstanding confidentiality provisions, was introduced.

A pilot project “Children's House” was launched in 2014 in co-operation between the Ministry of Social Affairs and Health, the National Institute for Health and Welfare, the Ministry of Interior and the Ministry of Justice. The project provides services for child victims of sexual or other violence, and aims to provide a framework for cooperation between authorities (including police investigation services where the police can consult health care and social service officials, legal and psychological examinations, somatic examinations and cooperation with municipal child welfare authorities) for services that have been available but have been considered inadequate and fragmented. The aim of the project is to produce a service model which works on national level.

The Act on Equality between Women and Men (609/1986) entered into force in Finland in the beginning of 1987. The amendments to the Non-discrimination Act (1325/2014) and Act on Equality between Women and Men entered into force on 1 January 2015.

Prohibitions of gender-based discrimination were expanded to cover discrimination based on gender identity and gender expression. Since 2005 the Act on Equality between Women and Men has obliged some of the educational institutions to prepare an operational equality plan. Since the amendments to the Act on Equality between Women and Men adopted in 2014 (2014/1329) the providers of education have been

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15 responsible for preparing, on an annual basis, an equality plan in collaboration between the staff and pupils or students. The plan may be incorporated in the curriculum or another plan of the educational institution. The obligations of the employers concerning equality planning have also been specified. There is also a new section in the Act on pay surveys. See paras. 90.8, 90.19 and 90.20.

Since 2014 the Non-discrimination Act has obliged the providers of education and the educational institutions they run to assess their activities in terms of non-discrimination and take the necessary measures to promote non-discrimination. The measures to promote non-discrimination must be effective, expedient and proportionate in view of the operating environment, resources and other circumstances of the education institution. The provider of education must make sure that the education institution has a plan in place on the measures necessary to promote non-discrimination.

Regarding the education of the police, see para. 89.14 above.

The Police Department of the Ministry of the Interior and the National Police Board take an active part in different cross-administrative working groups and in cooperation with the third sector to eliminate discrimination and to prevent violence against women and children. In addition, the National Police Board participates in a project on a children's house (LASTA), intended to ensure high-quality action of authorities in cases of child mistreatment.

The Police Department of the Ministry of the Interior and the National Police Board also participated in the cross-administrative working group of authorities (LÄPE) set up to prevent intimate partner and family violence.

89.16. Take effective legal and practical measures to eliminate all forms of discrimination and violence against women and children, in particular women and children with disabilities, immigrant and refugee women and children, and women and children from ethnic and religious minorities, especially Muslims and Roma (Iran);

Ministry of the Interior, Ministry

of Justice, Ministry of Social

Affairs and Health

Regarding the education and training of the police, see para. 89.15 above.

The Police Department of the Ministry of the Interior and the National Police Board take an active part in different cross-administrative working groups and in cooperation with the third sector to eliminate discrimination and to prevent violence against women and children, persons with disabilities, persons of immigrant and refugee origin as well as ethnic and religious minorities.

The National Police Board is active in arranging training and different seminars on the prevention of discrimination and racism, human rights issues and police ethics.

Regarding the targets of the Future of Migration 2020 Strategy, see para. 89.10.

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16 The Finnish Immigration Services takes account of the special needs of different applicant groups when considering their applications, deciding on them and running the reception centres.

The National Action Plan to reduce Violence against Women 2012–2015 included measures targeted at women in vulnerable positions (e.g. migrant women, women in ethnic minorities, disabled women). These measures are still in force.

Measures included publishing a guide on how to identify violence experienced by disabled women and how to help them. A “Know and Act” -card was produced by the National Institute for Health and Welfare for professionals on how to take into account of the needs of disabled persons in shelters. The card takes account also of the needs of disabled immigrants.

Training was provided for professionals from different sectors working with ethnic minorities and immigrants on identifying and interfering with violence.

Reform of the Equality Act, see paras. 89.14, 89.15 and 89.26.

Finland has become very active in the past few years in promoting the rights of Roma women and girls. In 2013 Finland conducted a study requested by the Roma women

themselves on violence experienced by Roma women

(https://julkaisut.valtioneuvosto.fi/handle/10024/74471) (Summary in English).

Based on the results, the violence experienced by Roma women was included into the Government Action Plan for Gender Equality 2012–2015. As a product of the plan, the Roma Women in Shelters -project was carried out. The project produced basic knowledge and good practices about helping Roma women or handicapped persons who are domestic violence victims.

Both groups are in a vulnerable position in the context of domestic violence. Domestic violence has special characteristics that should be known and recognized by professionals who work in shelters. The project organized working groups during 2015, seven meetings in total. The material was also commented via e-mail. The materials are web-based and they are widely usable by professionals.

The project produced the so called Know and Act -card and web-page to instruct both the personnel in shelters and the Roma women who face domestic violence (https://www.julkari.fi/handle/10024/130038) (in three languages Finnish, Swedish and

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17 English). There are Roma women working in the shelters and working with all the clients but with special professionalism to Roma clients.

In addition the Women's Line, supported by public funding, has opened a separate help-line for Roma women to help with the special situations faced by Roma women and children. (https://www.naistenlinja.fi/en/)

It still remains a challenge to mainstream Roma women's gender equality into the gender equality work in general. The challenge is met for example by carrying out the Roma platform - From policy to practice -project (co-funded by the EU and Ministry of Social Affairs and Health). One component of the project deals with mainstreaming the gender perspective into the National Roma Strategy (NRIS) and the Roma perspective into the mainstream gender policies. The project will hold separate hearings to both Roma women and men about the different needs in terms of gender as well as a gender networking event in order to create a platform for Roma gender actors and mainstream gender actors.

89.17. Continue to combat racism and discrimination and adopt effective national legislation in this regard (Palestine);

Ministry of Justice, Ministry

of the Interior, Ministry of Education and

Culture

The Future of Migration 2020 Strategy, prepared by the Ministry of the Interior, includes measures to combat racism and xenophobia.

In May 2016 the Ministry of Education and Culture launched an Action Plan to prevent hate speech and racism and to foster social inclusion. The Government's long-term objective is that in 2025 Finland will be a good country for everyone. This means that the country will be welcoming and international with people representing many different languages and cultures and displaying a positive attitude towards one another and the rest of the world making Finland a unique place to live in. The Action Plan comprises 10 actions:

1. Administrative mechanisms. We focus on tackling hate speech and racism and strengthening multiculturalism, inclusion and equality in the Ministry of Education and Culture, its agencies, bodies and other organisations.

2. Money to fight racism. We supplement the selection criteria for the Ministry of Education and Culture's discretionary government-subsidised projects and European Social Fund (ESF) measure packages.

3. The libraries as a meeting point. We help enable public libraries to encourage active citizenship and democracy.

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18 4. ABCs for adults. We develop the education of teaching staff and other

professionals who work with children and young people.

5. Power from peer networks. We challenge youth, students, pre-teen organisations and other youth-oriented organisations to create opportunities for multicultural, communal and equal participation.

6. The future lies in young people. We support experts in the youth sector to promote human rights and equality to tackle hate speech.

7. No more hate speech. A special governmental grant application process for municipal youth services serves to curb hate speech and strengthen equality.

8. Show Racism the Red Card! We help disseminate the project in football and other team sports and promote equality work in the field of physical activity.

9. Let's talk. A governmental grant application process for the promotion of dialogue between religions is available.

All the Ministry's administrative sectors have been summoned to join the work through a campaign called “Meaningful in Finland”.

Reform of the Equality Act, see para. 89.15.

89.18. Strengthen efforts to restrict the outbreaks of racism and xenophobia, especially the manifestations of racism on the Internet, as was recommended by CERD (Spain);

of Justice

The prevention of racism and discrimination cannot be separated as specific subjects in the education and training of the police. These issues are integrated into the study modules dealing with aliens' issues more extensively. A film on the integration of immigrants into Finland (Kotoudunko Suomeen – maahanmuuttajan kivinen tie, "Will I integrate into Finland? – The rocky road for an immigrant") is used as teaching material on general police theory. The film was produced in 2013 as part of police material for preventive activities, in order to combat racism and open up perspectives towards accepting diversity.

The essential elements of offences taught during courses in criminal law are discussed from the perspective of objects of legal protection and the fundamental and human rights underlying the provisions concerning defamation, work safety offences, menace, homicide, bodily injury, and sexual offences. The essential elements of offences are taught both in theory and in light of practical cases. This makes the teaching easy and concrete and permits to underline the specific features of each subject area. The students are required to weigh and ponder different fundamental and human rights

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19 and to take interpretative positions on that basis.

When analysing different cases the students are required to identify the problem independently and to contemplate how to approach it during criminal investigation. In the reformed (polytechnic-level) degree programme for the police, a course dealing with the police, the individual and society will discuss the value and significance of multiculturalism in the work of the police. In addition, the programme will discuss racism, discrimination and social exclusion as phenomena and societal processes and examine internationalisation. The overall structural reform of the police degree programme and the changes brought by the reform are described in para. 89.14. The police have expanded and improved net police activities in order to combat hate speech and corresponding phenomena on the Internet.

See also para. 89.17 above.

89.19. Persevere in its efforts to prevent and combat xenophobia, in particular on the Internet (Morocco);

of Justice

The National Bureau of Investigation is responsible for the Net Tip service, which enables citizens to report to the police any suspected offence or unlawful material discovered on the Internet. The Net Tip service can be used for reporting any other suspicion, too, on an electronic form with five subject areas: narcotics, criminal fraud, racist or hate crimes, violent activity, and other security threat. The Net Tip service is available at most public discussion sites in the social media, through an icon with a link to the electronic form for reporting suspicious observations in different subject areas.

The police have expanded and improved net police activities in order to combat hate speech and corresponding phenomena on the Internet.

89.20. Step up its efforts to combat racism and xenophobia and ensure that racially-motivated crimes are promptly detected, investigated and sanctioned (Algeria);

of Justice

The National Police Board takes an active part in different cross-administrative working groups and in cooperation with the third sector to eliminate discrimination and to prevent violence against women and children, persons with disabilities, persons of immigrant and refugee origin as well as ethnic and religious minorities.

Particular attention is paid to the realisation of human rights in all police activities.

The police have a zero tolerance towards all hate crime and hate motivated crime that comes to their knowledge. The Police University College studies annually the statistics on hate crime known to the police. The statistics are used e.g. as an analytical tool for preventing hate crime.

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20 In 2014–2015, under the YES 7 project, the Ministry of the Interior arranged a series of training sessions on discrimination and equality for the police, prosecutors, judges and occupational safety and health staff.

Has been accepted as an objective monitored and supervised by the Office of the Prosecutor General (prosecutor offices as a part of the criminal justice process).

The Criminal Code of Finland criminalises e.g. aggravated ethnic agitation separately, and racist motives are a general ground for increasing the punishment for an offence.

The Ministry of Justice coordinates the implementation of the EU level code of conduct on countering illegal hate speech online in Finland.

89.21. Increase the attention and effective measures to fight against discrimination faced by minorities, ensuring the protection of their rights (Spain);

Ministry of Justice

A new Non-Discrimination Act strengthens the protection of all grounds for discrimination and entrusts the monitoring of minority rights to a new Non- Discrimination Ombudsman.

89.22. Strengthen mechanisms aimed at combating discrimination, racism and xenophobia, and persevere in the adoption of measures to promote tolerance and respect of foreigners and members of national, racial and ethnic minorities (Chile);

Ministry of Justice

The Ministry of Justice has continued to implement the discrimination monitoring system and an action plan has been prepared for the monitoring of discrimination for 2014–2017. In 2015, the responsibility for the coordination of the discrimination monitoring system was transferred to the Ministry of Justice. The Advisory Board for Ethnic Relations (ETNO) developed an indicator framework for good relations in the Good Relations project (2012–2014).

89.23. More stringent monitoring mechanisms to address the rise in racist and racially-motivated crimes and xenophobic acts, and ensure effective detection, investigation, prosecution, and punishment (Egypt);

of Justice

Has been accepted as an objective monitored and supervised by the Office of the Prosecutor General.

See paras. 89.18 and 89.20.

In the work of the police, cooperation with prosecutors under the Criminal Investigations Act enables an efficient conduct of criminal proceedings.

The ongoing process (the so called Aineistopankki -project) to develop the information

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21 system of the judiciary will strengthen the statistics and improve the monitoring mechanisms.

The Ministry of Justice has continued to implement the discrimination monitoring system and an action plan has been prepared for the monitoring of discrimination for 2014–2017. The system is being implemented at three stages:

1) collection of timely data on discrimination (studies, statistics, reports by equality bodies, information collected by NGOs and social partners etc.) and publishing it on a specific website under the national equality portal (www.equality.fi),

2) publishing an annual discrimination study and

3) publishing a general report on discrimination in Finland once in a parliamentary period.

In the year 2016 the first study on how hate speech and harassment are perceived by different minority groups was published within the national monitoring mechanism.Under another project the Ministry of Justice is developing a monitoring system for good relations at the local level.

89.24. Continue its efforts to combat racism, intolerance and discrimination as well as to strive towards the integration of Roma and immigrants (Portugal);

Affairs and Health, Ministry

of Economic Affairs and Employment,

Ministry of Education and

Culture

Reform of the Equality Act, see 89.15.

The National Policy on Roma was adopted in 2009. The working group monitoring the implementation of the Policy has adopted a monitoring report and submitted it to the Minister of Health and Social Services during spring 2014. The Policy covers the years 2010–2017. Preparations of the next Policy programme have started in 2016. Focus will be on promotion of education and training, employment and employability, prevention of exclusion and inequalities. In addition, improving living and housing conditions is still a current issue among Roma. Especially Roma youth projects focus on activation and improvement of youth participation, networking and well-being as well as promotion of employment. (For example the Au mensa II –project, 2015–2016, funded by Ministry of Education and Culture.)

One of the measures of the National Policy on Roma is a survey on the adult Roma population's need for education. This survey was carried out by the National Board of Education in 2015. Anonymous information from adult Roma and institutions of adult education was collected during 2013–2014. The results including proposals are used for further development of education of adult Roma in Finland.

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22 Another measure of the National Policy on Roma is the activity of Romany language nests. The Finnish Romany language is included in the UNESCO list of endangered languages. For the time being, there are Romany-speaking people in Finland, but their average age is rising rapidly. Language nests are meant for Roma people of all ages:

children, young people and adults. The activities are mainly verbal and vary from one town to another. More than 20 municipalities or NGO`s have received 414 000 euros for organizing language nest activities between 2009–2016. President Tarja Halonen is the patron of the project.

During 2008 to 2016, a total of 39 municipal authorities received state aid for supporting Roma pupils in basic education – in total 2,5 million euros. It is estimated that some 85% of all Roma pupils of basic education age come within the scope of the aid. The focus of the activities has been directed on development of Roma home and school cooperation, Roma pupils' homework activities to strengthen the general school performance level of Roma, and specific Roma pupils' career guidance counselling and study trips with Roma families to neighbouring institutions.

A cross-administrative programme to implement the national Migration Strategy and the Government's Integration Programme will be adopted during spring 2014.

The Government's Integration Programme for 2012–2015 included the establishment of a centre of excellence on integration to strengthen the management of integration measures by information. The Government made a decision to that effect in its session on spending limits in March 2013. The Budget contains annually an appropriation of EUR 2 million for funding the centre of excellence. The sum includes the salaries of five persons. The centre operates under the Employment and Entrepreneurship Department of the Ministry of Economic Affairs and Employment.

The centre of excellence on integration supports local, regional and nation-wide integration work of authorities and organisations. It started operating officially on 21 March 2014.

The centre of excellence is responsible especially for developing and monitoring information, statistics and research on the integration of immigrants. For instance, it conducts different studies on integration regularly, collects good practices developed during numerous projects and models and spreads them nationally.

An important tool for the centre of excellence is its website, displaying a web guide for

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23 applying the Integration Act, a web guide on the reception of refugees, and information about the monitoring of integration processes, integration measures and ethnic relations. The centre updates the website continuously. The website also contains statistical and research information on international migration and integration from Finland and other countries. The website is designed for those working with immigrants.

The Ministry of the Interior and the Advisory Board on Roma Affairs/MSAH organized a transnational workshop on discrimination against the Roma. The workshop Breaking the Barriers aimed at raising awareness on effects of discrimination on inclusion of the Roma. The thesis of the workshop was that recognition and tackling of discrimination contributes to better inclusion of the Roma. Best practices of activities that enhance both equality and inclusion were presented in the workshop.

The workshop addressed experts, both Roma and non-Roma, both civil Society activists and local, regional and national authorities from all over Europe. Results of the workshop were gathered into an electronic Newsletter, which was circulated through various European networks.

A survey on hate speech and harassment and how it is perceived by different minority groups, including the Roma, was carried out in 2015. The MSAH and Advisory Board on Roma affairs were part of the steering group. The survey was launched in spring 2015 by the Ministry of Justice as part of the system for monitoring discrimination. In the survey, the information was collected using an open questionnaire made available via different channels (N 1,475) and by interviewing experts (N 13) and members of the target groups (N 43). Roma respondents and interviewees also reported jeering and name calling; such discrimination mostly occurred in customer service situations with, for example, guards having suspicions of them or stopping them in shops with no reason. Foreign-language speakers, foreign nationals, immigrants, Roma people and members of gender and sexual minorities had primarily experienced hate speech or harassment by people unknown to them. Disabled people had mostly encountered such discrimination by healthcare and social welfare workers, and the Sámi and members of religious minorities by politicians or other people in a public position.

Almost a fourth of the respondents had experienced hate speech or harassment by politicians or other people in a public position. When asked whether anyone had observed hate speech or harassment directed at third parties, 75% of the respondents reported having seen harassment or hate speech being targeted at immigrants. A third

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24 of the respondents had identified hate speech or harassment directed at Roma people.

89.25. Strengthen its measures to protect the rights of foreigners, immigrants, asylum-seekers and the Roma as well as enhance its integration programmes to enforce the principles of equality and non- discrimination, which are enshrined in its Constitution (Namibia);

Affairs and Health, Ministry

of Economic Affairs and Employment

The Future of Migration 2020 Strategy, prepared by the Ministry of the Interior, includes measures to combat racism and xenophobia. For more information on the Strategy, see para. 89.10.

The Article 8(6) of the Directive 2008/115/EC states that Member States must have an effective forced-return monitoring system. Independent external monitoring is considered to improve the legal protection of both returnees and escorts, and prevent excessive use of force and other prohibited treatment. As a result of this, Section 152 b was added to the Aliens Act, whereby then the Ombudsman for Minorities, now the Non-Discrimination Ombudsman, is required to monitor removals from the country.

The legislative amendment entered into force on 1 January 2014.

Regarding the measures to protect the rights of immigrants and asylum seekers, see para. 89.10. See also para. 89.14 for the Gender Equality Plan, which includes measures on immigrant reception and integration services.

The Finnish Immigration Services takes account of the special needs of different applicant groups when considering their applications, deciding on them and running the reception centres. The Government Action Plan for Gender Equality includes measures such as promoting employment for immigrant women and men while taking into account the gender perspective, as well as strengthening equality content and gender perspectives in refugee services for those seeking international protection and in the services and support services for promoting integration. The promotion of gender equality has been included in various objectives and measures of the new Government Integration Programme, adopted 8 September 2016.