Fundamental and human rights in Finland: what they are and how they are protected

Quick answers

What is the difference between fundamental rights and human rights?

Fundamental rights (perusoikeudet) are written into the Constitution of Finland. Human rights (ihmisoikeudet) belong to all people and are written into international treaties. Many of the rights are the same.

Where are Finland's fundamental rights?

In chapter 2 of the Constitution of Finland (perustuslaki), sections 6–23.

Who oversees that fundamental and human rights are respected?

The public authorities must guarantee them. Legality is overseen for example by the courts, the Parliamentary Ombudsman and the Chancellor of Justice.

What are Finland's national languages?

Finnish and Swedish. In addition, the Sámi as an indigenous people have the right to maintain and develop their own language and culture.

According to the Finnish Immigration Service (Migri), the questions of the citizenship test (kansalaisuuskoe) cover for example fundamental and human rights. This page explains what these rights are and how Finland protects them. The course is based on public sources and will be updated to match Migri’s study material when it is published.

What is the difference between fundamental rights and human rights?

Fundamental rights (perusoikeudet) are written into the Constitution of Finland (perustuslaki). They are guaranteed to everyone, and they bind the public authorities (julkinen valta). Public authorities means the state, the municipalities and other authorities.

Human rights (ihmisoikeudet) belong to all people in all countries. They are written into international treaties. States that have joined the treaties must respect and protect these rights.

Many of the rights are the same, for example the right to life and freedom of expression. Fundamental and human rights complement each other. International treaties guarantee a minimum level, and Finland can protect the rights better in its own law.

Fundamental rights entered Finnish law in their current scope in 1995. The current Constitution came into force on 1 March 2000.

Which rights does the Constitution of Finland protect?

Chapter 2 of the Constitution lists them. The most important are:

• Equality (section 6). Everyone is equal before the law. No one may be treated differently without an acceptable reason, for example because of sex, age, origin, language, religion or disability.
• The right to life and liberty (section 7). No one may be sentenced to death or tortured.
• Freedom of movement (section 9). If you are legally in Finland, you may move freely and choose where you live.
• Protection of private life (section 10). The privacy of your home and the secrecy of letters and phone calls are protected.
• Freedom of religion and conscience (section 11). You may belong to a religious community or not belong to one.
• Freedom of expression (section 12). You may express and publish your opinions without anyone stopping it in advance.
• Freedom of assembly and association (section 13). You may organise a demonstration without a permit. However, it must be notified to the police in advance.
• Legal protection (section 21). You have the right to have your case handled properly and without undue delay, to be heard and to appeal against a decision.

Most rights belong to everyone, including foreigners living in Finland. The right to vote in parliamentary elections belongs to Finnish citizens who are 18 or over (section 14).

What rights are there to education, work and social security?

Some fundamental rights are economic, social and cultural rights (TSS-oikeudet). Here the public authorities often have to provide something, such as schools or services.

• Everyone has the right to free basic education (section 16).
• Everyone has the right to earn their living by the work they choose. No one may be dismissed from work without a reason based on law (section 18).
• If you cannot support yourself, you have the right to necessary subsistence and care. The public authorities must guarantee adequate social and health services (section 19).
• Responsibility for nature and the environment belongs to everyone (section 20).

What language rights are there in Finland?

Finland’s national languages (kansalliskielet) are Finnish and Swedish (section 17). Everyone has the right to use Finnish or Swedish in courts and with other authorities.

The Sámi are an indigenous people. The Sámi, the Roma and other groups have the right to maintain and develop their own language and culture. The Sámi Language Act covers three Sámi languages: Inari Sámi, Skolt Sámi and North Sámi.

Can fundamental rights be restricted?

Fundamental rights may only be restricted by law, and even then only under special conditions. In an emergency such as an armed attack on Finland, temporary exceptions can be made (section 23). The exceptions must still follow Finland’s international human rights obligations.

Who oversees that the rights are respected?

Under section 22 of the Constitution, the public authorities must guarantee that fundamental and human rights are respected. There are several overseers:

• Courts. They are independent (section 3). If applying a law would clearly conflict with the Constitution, the court must follow the Constitution (section 106).
• The Constitutional Law Committee (perustuslakivaliokunta). This parliamentary committee assesses whether the bills that come to it fit the Constitution and the human rights treaties (section 74).
• The Parliamentary Ombudsman (eduskunnan oikeusasiamies). Parliament elects the Ombudsman for four years (section 38). The Ombudsman oversees that the authorities follow the law and that fundamental and human rights are respected (section 109).
• The Chancellor of Justice (oikeuskansleri). The President of the Republic appoints the Chancellor of Justice (section 69). The Chancellor oversees especially the Government and the President, but also other authorities (section 108).

If you think an authority has acted unlawfully, you can make a complaint (kantelu) to the Ombudsman or the Chancellor of Justice. A complaint is made in writing. Matters more than two years old are normally not examined.

Which international treaties bind Finland?

Under section 1 of the Constitution, Finland takes part in international cooperation to protect human rights. Important treaties:

• The Universal Declaration of Human Rights. The UN adopted it in 1948. Finland joined the UN in 1955.
• The European Convention on Human Rights. This Council of Europe treaty was made in 1950, and it came into force in Finland in 1990. The European Court of Human Rights monitors it, and individuals can apply to the court.
• The UN Convention on the Rights of the Child. The convention was made in 1989, and it came into force in Finland in 1991. In the convention a child is everyone under 18. In all decisions concerning children, the best interests of the child must be a primary consideration.

Finland has also joined other UN human rights treaties, for example on discrimination against women and on the rights of persons with disabilities.

Difficult words in this chapter

perusoikeus

a fundamental right: a right written into the Constitution of Finland

ihmisoikeus

a human right: a right that belongs to all people and is written into international treaties

julkinen valta

public authorities: the state, the municipalities and other authorities that use power

yhdenvertaisuus

equality: everyone has the same value before the law, and no one may be discriminated against

sananvapaus

freedom of expression: the right to say, write and publish opinions without anyone stopping it in advance

kansalliskieli

national language: in Finland Finnish and Swedish

eduskunnan oikeusasiamies

the Parliamentary Ombudsman: an overseer elected by Parliament who checks that authorities follow the law

kantelu

a complaint: a written complaint to the Ombudsman or the Chancellor of Justice if an authority has acted wrongly