National Non-Discrimination and Equality Tribunal Gender quotas used in University of Jyväskylä student selection process found to violate Finland's Equality Act

In its decision issued on the 20 December 2021, the National Non-Discrimination and Equality Tribunal found that the gender quotas used in the student admission process at the University of Jyväskylä's Faculty of Sport and Health Sciences violated the Equality Act (217/2017). The Ombudsman for Equality also issued a statement on this matter in February 2020, in which it reached the same conclusion as the Tribunal. However, with the University having declined to comply with the position taken by the Ombudsman for Equality, the Ombudsman referred the matter to the Non-Discrimination and Equality Tribunal in December 2020.

In its decision, the Non-discrimination and Equality Tribunal found the aspects of the student admission process of the University of Jyväskylä's Faculty of Sport and Health Sciences to be based on discriminatory gender quotas. The Tribunal prohibits the University from continuing to utilise its discriminatory student selection methods, which contravene the Equality Act. The University must immediately comply with this injunction.

Furthermore, in its decision, the Non-Discrimination and Equality Tribunal also found that the use of a gender quota is problematic from the perspective of non-binary or other gender identities. With regard to the Universities Act (558/2009), the Tribunal also notes that the grouping of applicants on the basis of gender is not an acceptable grounds for the selection of candidates in the student admission process as provided for in the Universities Act.

The decision of the Tribunal is not yet entered into force.

For further information, please contact Senior Officer Miko Lempinen, tel. +358 (0)295 666 834

17.01.2022