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National Constitutional provisions – Finland

 

The constitution is the fundamental law of the country, reflecting the underlying and unifying values of society. It spells out the basic rights of each person; it serves as a framework for all other laws and policies, and cannot be easily changed. However, it can be changed and updated through a democratic process, and it is important to keep it alive, by popularising and using it, and by campaigning for its reform or amendment if necessary. Below we have picked out what we see as some of the most relevant articles, but please be encouraged to seek and read your constitution in its entirety.

The state is the central actor in any claim to the right to education: it is the prime duty-bearer and the prime implementer; it is the guarantor; and it is the state´s signature vis-à-vis the international norms and standards which binds it to respect, protect and fulfil the right to education. The state must therefore be judged or challenged on its central text on the right to education, whether this be the constitution, the laws or the policies.

The Constitution of Finland 1 March 2000

 

Chapter 2 - Basic rights and liberties

Section 16 - Educational rights

(1) Everyone has the right to basic education free of charge. Provisions on the duty to receive education are laid down by an Act.

(2) The public authorities shall, (…), guarantee for everyone equal opportunity to receive other educational services in accordance with their ability and special needs, as well as the opportunity to develop themselves without being prevented by economic hardship.

(3) The freedom of science, the arts and higher education is guaranteed.

 

 

 

 

EQUALITY

Section 6

(1) Everyone is equal before the law.
(2) No one shall, without an acceptable reason, be treated differently from other persons on the ground of sex, age, origin, language, religion, conviction, opinion, health, disability or other reason that concerns his or her person.
(3) Children shall be treated equally and as individuals and they shall be allowed to influence matters pertaining to themselves to  degree corresponding to their level of development.
(4) Equality of the sexes is promoted in societal activity and working life, especially in the determination of pay and the other terms of employment, as provided in more detail by an Act

CITIZENSHIP

Section 5

(1) A child acquires Finnish citizenship at birth and through the citizenship of its parents, as provided in more detail by an Act. Citizenship may also be granted upon notification or application, subject to the criteria determined by an Act.
(2) No one can be divested of or released from his or her Finnish citizenship except on grounds determined by an Act and only if he or she is in possession of or will be granted the citizenship of another State.

DISABILITIES

Section 19

(1) Those who cannot obtain the means necessary for a life of dignity have the right to receive indispensable subsistence and care.
(2) Everyone shall be guaranteed by an Act the right to basic subsistence in the event of unemployment, illness, and disability and during old age as well as at the birth of a child or the loss of a provider.
(3) The public authorities shall guarantee for everyone, as provided in more detail by an Act, adequate social, health and medical services and promote the health of the population. Moreover, the public authorities shall support families and others responsible for providing for children so that they have the ability to ensure the wellbeing and personal development of the children.
(4) The public authorities shall promote the right of everyone to housing and the opportunity to arrange their own housing.

LANGUAGE

Section 17

(1) The national languages of Finland are Finnish and Swedish.
(2) The right of everyone to use his or her own language, either Finnish or Swedish, before courts of law and other authorities, and to receive official documents in that language, shall be guaranteed by an Act. The public authorities shall provide for the cultural and societal needs of the Finnish-speaking and Swedish-speaking populations of the country on an equal basis.
(3) The Sami, as an indigenous people, as well as the Roma and other groups, have the right to maintain and develop their own language and culture. Provisions on the right of the Sami to use
the Sami language before the authorities are laid down by an Act. The rights of persons using sign language and of persons in need of interpretation or translation aid owing to disability shall be guaranteed by an Act.

RELIGION

Section 11

(1) Everyone has the freedom of religion and conscience.
(2) Freedom of religion and conscience entails the right to profess and practice a religion, the right to express one's convictions and the right to be a member of or decline to be a member of a religious community. No one is under the obligation, against his or her conscience, to participate in the practice of a religion.

HUMAN RIGHTS MECHANISMS

Section 22

The public authorities shall guarantee the observance of basic rights and liberties and human rights.