Finland

Governmental equality bodies

There are two main gender equality bodies in Finland: The Gender Equality Unit (established in 2001) and the Centre of Gender Equality Information. There is no separate ministry for gender issues. Instead, since the 1980s, the Minister of Equality has been appointed in conjunction with another ministerial post. In 2019, for example, a combined Minister for Nordic Cooperation and Equality (pohjoismaisen yhteistyön ja tasa-arvon ministeri) was appointed under the auspices of the Ministry of Justice and is thus a senior minister^[6].

There is also an inter-departmental coordination structure whose mission is to coordinate gender-mainstreaming activities. There are gender mainstreaming working groups in every ministry, which plan and implement gender mainstreaming in their policy sector. The inter-ministerial network of these working groups holds meetings every second month to discuss and develop gender mainstreaming. The Gender Equality Unit coordinates the network; however, this structure does not have the authority to oversee policy implementation.

Regarding the time used by coordinators and chairs of the gender mainstreaming working group from each ministry, it is estimated that the working time of around one staff member is used annually to specifically support gender mainstreaming across all government departments and ministries.

The first body, the Gender Equality Unit (tasa-arvoyksikkö)^[7]  is located within the Ministry of Social Affairs and Health and has an essential role as a platform for evidence-based policies from a gender equality perspective. It has considerable expertise on both gender equality issues and decision-making processes, with its 14 staff members participating in various cross-sectional working groups and processes to draft law proposals. It coordinates government activity in relation to gender equality policy and is the expert dialogue partner for projects and development efforts undertaken by the government.

The Gender Equality Unit is consulted by departments or ministries on 25-50 % of new or existing policies, laws, or programmes (in policy fields other than gender equality). The Unit can give opinions as part of the Ministry of Social Affairs and Health; therefore, whenever the Ministry of Social Affairs and Health is consulted, gender equality aspects can be included in the opinion. The Unit is also sometimes included in the policy/law drafting process as a partner, and there is an internal consultation process whereby each of the ministries draws up a gender mainstreaming action plan, which describes the gender relevant issues in the policy area and sets out gender equality targets. Some gender mainstreaming working groups invite the experts to discuss the issues in preparation. The Unit therefore acts as an internal mechanism for gender equality consultations. The involvement of the Unit leads to adjustments in some cases (25-50 %); if a policy is prepared in close cooperation with the unit, this leads to a stronger result than if the Unit is consulted later in the process. Of note, the goal for gender mainstreaming is for gender perspectives to be evaluated by the organisation in charge of the issue at hand, which, if implemented effectively, would lead to a smaller role for the Gender Equality Unit.

The second body is the Centre of Gender Equality Information (Tasa-arvotiedon keskus), which is its own government agency and, unlike the Gender Equality Unit, covers gender equality combined with other equality-related functions. Around half of the employees’ time (four out of nine staff members) in the wider team (Non-Discrimination and Gender Equality team) is used for projects focused on gender equality. 

Both bodies conduct gender-sensitive analysis of policies and legislation, coordinate/implement government decisions on gender equality, coordinate/implement gender mainstreaming processes and methodologies (including gender budgeting) and monitor progress in achieving gender equality. Both bodies also conduct research on gender equality issues, integrate gender equality considerations in EU and international affairs, and publish and disseminate gender equality related information and training. The Gender Equality Unit additionally drafts gender equality policy for the government.

Independent equality body 

Finland has two independent gender equality bodies.

The Ombudsperson for Gender Equality (tasa-arvovaltuutettu)^[9] is an independent authority with its own separate budget, role, and mandate, which focuses exclusively on gender equality. The tasks of the Ombudsperson are listed under Section 2 of the Act 1328/2014^[10], and include monitoring the prohibition of discrimination, giving advice and guidelines for promoting equality, giving information on the Act on Equality and its implementation, monitoring equality issues in society, and starting conciliation efforts in cases of discrimination. Under Section 3, the Ombudsperson may assist a victim in cases that are of considerable importance for the implementation of the Act. Under the Act on Equality (609/1986), Section 20, the Ombudsperson or a social partner may take a case of gender discrimination to the Non-Discrimination and Equality Tribunal. The Ombudsperson has no mandate to decide complaints; this mandate lies with the Tribunal. The Ombudsperson has 10 employees.

Considering the total number of policies, laws and programmes implemented (1 269 acts in Parliament in 2020, and 867 as of October 2021)^[11], the Ombudsperson cannot be consulted in the majority of cases. Despite the high number of overall policies, the Ombudsperson is involved in law preparation and gives statements and opinions on many policies, law proposals (around 40 statements were given in 2021), reforms and programmes each year^[12]. A representative of the Ombudsperson is frequently a member of committees and working groups that plan amendments to equality legislation and is regularly heard by Parliamentary standing committees concerning such amendments. The most effective input often takes place when the body is involved in the initial stages of policies and legislative amendments, whereas consultation late in the legislative procedure, especially regarding Government Bills in Parliament standing Committees, seldom leads to adjustments.

The Ombudsperson for Equality reports to parliament every four years on its activities and provides an overall evaluation of the gender equality situation in the society, in addition to recommendations for action.

The Council for Gender Equality (tasa-arvoasiain neuvottelukunta; TANE)^[13] is another independent body for the promotion of gender equality, although it operates within the Ministry of Social Affairs and Health. The role of TANE is an advisory board, which advises on drafting proposals and provides statements or opinions for developing legislation and other measures that have an impact on gender equality. TANE is often consulted by the government and heard by the Parliament Standing Committees. TANE promotes cooperation among authorities, organisations, and researchers. This body has remained virtually unchanged since it was established in 1972. The Council has two employees.

The role of TANE includes drafting proposals and providing statements or opinions for developing legislation and other measures that have an impact on gender equality. The government, in addition to addressing Parliamentary Standing Committees consults TANE. TANE is consulted on equality policies and gives opinions and statements. In 2021, TANE gave an opinion on 11 policies and legislative proposals. TANE has had a Sub-Committee on Men and Gender Equality in place since 1988 and is an important opinion builder and consultant with regard to the men's movement and associated policies.

The National Anti-Discrimination and Equality Tribunal of Finland (yhdenvertaisuus- ja tasa-arvolautakunta) was established in 2015 as an impartial and independent judicial body appointed by the government. The Tribunal is based on Act 1327/2014^[14] and operates on a permanent basis. Its members are required to have a juridical qualification. The Tribunal supervises compliance with the Anti-Discrimination Act and the Act on Equality between Women and Men. Its mission is to provide legal protection to those who believe they have been subject to discrimination or have been victimised. The Anti-Discrimination and Equality Tribunal has the mandate to decide on complaints, and the Tribunal may prohibit ongoing or repeated discrimination or victimisation, impose a conditional fine to enforce compliance with its injunctions, and order the payment of such a fine. The Tribunal may oblige the party to take measures within a reasonable period to fulfil its obligations under the Anti-Discrimination Act. However, the Tribunal may not order any compensation. It addresses all discrimination cases on the grounds of age, origin, ethnicity, religion, political activity, opinion, conviction, trade union activity, family relations, health, disability, sexual orientation or other personal grounds.

It is important to stress that the Tribunal is a quasi-judicial body, which observes the standards of objectivity and impartiality. According to Sections 18 and 20 of the Non-Discrimination Act (1325/2014) and Section 20 of the Act on Equality between Women and Men (609/1986), the Tribunal is a supervisory authority with no promotional tasks as such and therefore is not considered an independent body. Moreover, the Tribunal is not listed as a body by the European Directory of Equality Bodies and does not participate in Equinet activities. The tasks of the Tribunal are not, strictly speaking, 'promotion, analysis, monitoring and support of equal treatment'. Even when deciding on complaints concerning discrimination on the grounds of sex, the competence of the Tribunal is restricted in cases of discrimination on the gender grounds, as the Equality Ombudsperson, or a Social Partner may only bring a complaint to the tribunal in such cases. In other words, victims of gender discrimination have no individual right of access, unlike the victims of discrimination on other grounds (except that even these victims do not have access in working life related issues, where the Occupational Safety officials monitor non-discrimination law on grounds other than gender).

Parliamentary body

The Employment and Equality Committee of the Parliament (Työelämä- ja tasa-arvovaliokunta) is the relevant parliamentary body and calls experts from the Gender Equality Unit for hearings in connection to the process of drafting laws and the budget process at least once a year, but this is not, strictly speaking, a regular reporting mechanism. The government submits a report on gender equality to the parliament every 10 years (the second report, which should have been presented in 2020, is expected to be ready in spring 2022). 

Consultation with civil society