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Statement of the Ombudsman for Equality to the parliamentary Employment and Equality Committee on the Government of Finland Report on Human Rights Policy (VNS 10/2021 vp) (TAS/79/2022, issued on 18 February 2022)

The Ombudsman for Equality considers it commendable that the Government of Finland Report on Human Rights Policy reviews equality matters both as a cross-cutting issue and particularly in the chapter on non-discrimination, gender equality and participation rights as priorities. In addition to the said chapter, the report covers the rights of gender minorities, the equality of genders in the development of technology and the combatting of hate speech and online harassment, among other issues.

Gender equality should be promoted by authorities with measures such as gender impact assessments. A gender impact assessment refers to assessing the effects of a measure, a political decision or legislation in advance from the perspective of its potential gender impact. On the basis of this assessment, it is possible to propose corrective measures to reduce discrimination or undesired effects, to promote equality and to eliminate obstacles to equality. 

The Ombudsman for Equality considers it important that the report also highlights hate speech and its significance to the functioning of a democratic society. Hate speech is a gender-based phenomenon that can limit the willingness of the target to participate in discourse and decision-making in society. That is why it must be addressed with determination.

The report states that Finland has received several recommendations on the rights of gender minorities, the amending of legislation pertaining to legal gender recognition, in particular. The report does not consider intersex or non-binary people. 

The Ombudsman for Equality wishes to emphasise the need for clear regulations on legal gender recognition. The goal on respecting the right to self-determination requires that the persons involved have correct and reliable information on the legal effects of legal gender and its recognition. In the Ombudsman for Equality's opinion, minors should also be taken into account in the reform of trans legislation. The preparation of the reform should be based on human rights and the rights of children. 

The Ombudsman for Equality considers it unfortunate that equality issues in working life are not discussed in the report. Equality issues in working life, such as equal pay (receiving the same pay for the same work and work of equal value) is extensively regulated in international human rights agreements and statements of related regulatory bodies regarding Finland. Discrimination in working life is also featured strongly in the work of the Ombudsman for Equality and in contacts regarding discrimination submitted to the Ombudsman. Furthermore, the COVID-19 pandemic has influenced more strongly the position of women than men in the labour market. 

International agreements and the statements of related regulatory bodies are also of significance regarding the Finnish gender equality legislation and practices to promote equality. Hence, the Ombudsman for Equality finds it important for Finland to be active in the promotion of gender equality also through international organisations and the European Union. 

02.03.2022