Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Finland (Ratification: 1970)

The Committee notes the observations of the Central Organization of Finnish Trade Unions (SAK), the Confederation of Unions for Professional and Managerial Staff in Finland (AKAVA) and the Finnish Confederation of Professionals (STTK) (hereafter referred to as “the trade unions”), and of the Federation of Finnish enterprises (SY), attached to the Government’s report.

Legislation. The Committee notes the Government’s indication, in its report, that a study was published in November 2020 as part of the “Aidosti yhdenvertaiset” project, assessing the effects of the 2015 reform of the Non-Discrimination Act, a point that had been raised by the Committee in its previous observation. According to the study, the reform reached many of its objectives, but the main challenge remains the implementation of the law: the Act is not yet known well enough, discrimination remains under-reported and partially unidentified, and there is a lack of resources for officials in charge of its implementation. The study points out that discrimination on different grounds is reported and addressed through different legal channels, which results in differences in legal protection and remedies. In this regard, the Committee notes that the United Nations (UN) Committee on Economic, Social and Cultural Rights and the UN Human Rights Committee called on the Government to amend legislation in order to improve the effectiveness of the legal and institutional framework to combat discrimination (E/C.12/FIN/CO/7, 30 March 2021, para. 15(b) and A/HRC/WG.6/41/FIN/2, 17 August 2022, para. 11(a)). The Committee also notes SY’s call for discriminatory elements related to legislation and labour market structures to be removed. Finally, it notes the Government’s indication that a further partial reform of the Act is underway. The Committee asks the Government to provide information on: (a) the outcome of the reform of the Non-Discrimination Act (1325/2014) and of any other relevant piece of legislation; (b) the application in practice of this Act as well as the Act on Equality between Women and Men (1329/2014), as amended; and (c) any activities aimed at ensuring understanding and compliance with those Acts.

Article 2 of the Convention. Measures to promote gender equality. Education and occupational segregation. With reference to its previous direct request on the subject, the Committee notes that a research project was carried out entitled “Breaking down the barriers: reasons for young people’s educational choices and ways of reducing gender segregation in educational and occupational fields (2017–2019)”. It also notes the Government’s indications, in its reports to the UN Committee on the Elimination of Discrimination against Women (CEDAW) and the UN Human Rights Council, that the segregation of professions by gender remains an issue that limit gender equality in working life (and contributes to maintaining the gender pay gap). The Government also indicated that the Government Action Plan for Gender Equality 2016–2019 envisaged the development of guidance counselling and introduction to working life periods in schools, so that girls and boys become familiar with both female and male dominated sectors, and the training of experts in employment and economic administration to eliminate gendered segregation in the labour market. The core curriculum and equality guides (including the guide “Tasa-arvotyö on taitolaji” on the promotion of gender equality in basic education published by the National Agency for Education) help teaching personnel to encourage and support students in making choices related to working life, subject choices and further education without gender bound roles or expectations. According to the Government, the aim is to make equality plans mandatory at all levels of education, including Early Childhood Education and Care (ECEC), and the long-term objective is to achieve more gender balance in various professions (CEDAW/C/FIN/8, 1 April 2021, paras. 203, 206 and 217-224; and A/HRC/WG.6/41/FIN/1, 5 August 2022, para. 52). In this regard, the Committee notes that the UN Committee on Economic, Social and Cultural Rights expressed its concerns at the gender segregation in the labour market and in educational choices and recommended that the Government: (a) allocate adequate resources for the implementation of the recommendations of the above-mentioned “Breaking down the barriers” research project; (b) implement temporary special measures in order to accelerate representation in educational and occupational fields where either sex is underrepresented; and (c) pursue awareness-raising campaigns challenging stereotypical expectations of gender roles (E/C.12/FIN/CO/7, paras. 18 and 19(a) and (b)). The Committee notes the adoption of the Action Plan for Gender Equality 2020–2023 which provides, inter alia, for the following measures to be taken: enacting mandatory gender equality plans for early childhood education (measure 4.1); promoting gender equality and neutralizing gender segregation in education and in working life (4.3); and adding incentives geared to reducing the gap between women and men training in technology subjects and IT coding (7.9). The Committee asks the Government to provide information on the progress achieved and obstacles encountered in the implementation of the recommendations of the “Breaking down the barriers” research project and the measures foreseen in the Action Plan for Gender Equality 2020-2023 or otherwise. Recalling the 40 per cent target for female representation on boards, mentioned in its previous comments, the Committee asks the Government to provide an update on the progress achieved in this regard.

Access to education and vocational training and access to employment and occupation of the Roma. National Policy on Roma. The Committee notes the Government’s indications, in the reports it submitted to the CEDAW in April 2021 and to the UN Human Rights Council in August 2022, that: (a) the National Roma Policy 2018–2022 mainstreamed actions and measures that created further capacity for improvements in the human rights and socioeconomic status of Roma; (b) the next policy document for 2023-2030 is under preparation; and (c) the Government’s Action programme to combat racism and promote good relations 2021-2023 and the National youth work and youth policy programme 2020-2030 include concrete measures that address discrimination against Roma (CEDAW/C/FIN/8, paras. 46-50; A/HRC/WG.6/41/FIN/1, paras. 32 and 62). In this regard, the UN Committee on the Elimination of Racial Discrimination (CERD), while commending Finland for its well-developed Roma policy programme, expressed concern that the majority of Roma people continue to face discrimination, particularly in terms of access to employment, housing and education (CERD/C/FIN/CO/23, 8 June 2017, para. 12). The Committee requests the Government to provide information on actions taken or envisaged, under the National Roma Policy 2023-2030 or otherwise, to promote access of the Roma to education at all levels and to vocational training and employment and occupation, and the impact and results thereof. The Committee encourages the Government to take action to improve access to legal protection measures for Roma who experience discrimination, specifically raising the awareness of Roma people on this subject.

Access to traditional occupations of the Sámi people. The Committee notes that, in their concluding observations: (a) the CERD indicated that it remained concerned that the rights of the Sámi relating to their traditional lands and endangered traditional livelihood of fishing were not adequately protected; and (b) the UN Committee on Economic, Social and Cultural Rights expressed concern at reports of continued discrimination against the Sámi and at the fact that legislative changes, infrastructure projects and incursions into their lands had eroded their rights to maintain their way of life and traditional livelihoods, including reindeer husbandry and fishing (CERD/C/FIN/CO/23, para. 16, and E/C.12/FIN/CO/7, paras. 14 and 50). In this regard, the Committee notes the Government’s statement, in the report it submitted to the UN Human Rights Council in August 2022, that the preconditions for the ratification of the ILO Indigenous and Tribal Peoples Convention, 1989 (No. 169) “will be assessed [and that] [t]he Sámi Parliament will be engaged in this process, and other Sámi organisations contribute to the work” (A/HRC/WG.6/41/FIN/1, para. 24). The Committee asks the Government to provide information on:

• (i)the practical impact of the legal reforms on the Sámi people’s access to their traditional occupations; and
• (ii)the concrete measures taken to combat discrimination against the Sámi and the progress achieved.

Measures to combat racial and ethnic discrimination. Access to employment and occupation of the immigrant population. The Committee notes that, in their observations, the above-mentioned trade unions (SAK, AKAVA and STTK), referring to a 2021 report of the Occupational Safety and Health Administration, denounce growing discrimination against foreign workers in recent years (from underpayment of wages to trafficking in human being). According to them, inadequacies in remuneration were observed at almost half of all the workplaces inspected in 2021. The Committee also recalls that the UN Committee on Economic, Social and Cultural Rights, the UN Human Rights Committee, the CERD and the CEDAW noted one or several of the following issues: (a) the intensification of hostile sentiments towards persons perceived to be of foreign background and the rise in anti-immigrant discourse amounting to racism and xenophobia among political figures; (b) the fact that persons perceived to have foreign backgrounds continue to suffer from discrimination in the fields of employment, housing and education, that the unemployment rate of women of immigrant backgrounds remains very high and that a larger proportion of them is in part time employment compared to women of Finnish origin; and (c) the violation of provisions on minimum pay in collective agreements, especially for migrant workers, and the lack of legal protection of the labour rights of seasonal workers in the agricultural sector who are often employed without a contract and thus vulnerable to exploitation (CERD/C/FIN/CO/23, paras. 10 and 20; E/C.12/FIN/CO/7, paras 14 and 25; CEDAW/C/FIN/8, para. 31; and CCPR/C/FIN/CO/7, 3 May 2021, para. 15). The Committee notes the Government’s indication that amendments to the Aliens Act, which entered into force on 1 October 2021, aim to facilitate the detection of exploitation at work and prevent exploitation of foreign labour. The Government also underlines the employment issues of immigrant women and states that a project entitled “Manifold More”, funded by the European Social Fund, was carried out from October 2019 to September 2022 with a view to promote diversity in working life and advance career paths of highly educated women with immigrant background. The Committee also notes that the Action Plan for Gender Equality 2020–2023 calls for charting the obstacles that members of various minority groups may encounter in applying for higher education and taking action accordingly (measure 4.6). The Committee asks the Government to provide information on the concrete measures taken and results achieved in combating racial and ethnic discrimination, including exploitation of migrant workers, and in facilitating education and access to employment of workers with foreign backgrounds, including women. Please provide information regarding activities specifically targeted to raise awareness of the right to non-discrimination of migrant workers among social partners and law enforcement officials.

Enforcement. The Committee notes the Government’s indication that the Occupational Safety and Health Authority enforces the prohibition of discrimination at work under the Non-Discrimination Act as well as the information provided concerning the number of inspections carried out. It recalls the conclusions of the above-mentioned “Aidosti yhdenvertaiset” project concerning the lack of resources of officials and its effect on the under-reporting and partial non-identification of discrimination. It further notes the Government’s indication, in the report it submitted to the CEDAW in April 2021, that the revised Non-Discrimination Act makes it easier for authorities to take action on discrimination experienced by women but that the Equality Ombudsman had noted that as express legal provisions concerning multiple and intersecting forms of discrimination and the competence of public officials are lacking, it remained difficult to ensure legal protection to victims, especially in the case of discrimination against women belonging to minority groups. (CEDAW/C/FIN/8, para. 12). The Committee also notes that the UN Committee on Economic, Social and Cultural Rights recommended to: (a) investigate reports of breach of provisions on remuneration in collective agreements and increase labour inspection in sectors of the economy where such violations are likely to occur: (b) improve complaints mechanisms in these sectors to make them easily accessible; (c) assist victims in obtaining redress; and (d) ensure that contravening employers, even when they are based abroad, are subject to sanctions (E/C.12/FIN/CO/7, para. 26). It also notes the above-mentioned trade unions’ observations calling for measures to address business models that rely on discrimination, exploitation and underpayment of employees. They consider that instruments of control and legal redress are insufficient, investigations too long and remedies inadequate. The Committee asks the Government to provide information on measures taken or envisaged to:

• (i)reinforce authorities’ capacity to identify cases of discrimination at work, including multiple and intersecting forms of discrimination;
• (ii)improve complaints mechanisms; and
• (iii)ensure that sanctions imposed are dissuasive and remedies granted adequate. It also asks the Government to continue to provide information on cases of workplace discrimination handled by the competent authorities under the Anti-Discrimination Act and Equality Act.