Statement on the Government Equality Policy Report (VNS 5/2022 vp., issued on 29 November 2022)
The Ombudsman for Equality was heard by the Employment and Equality Committee of Parliament on the Government Equality Policy Report on 30 November 2022. The Equality Policy Report examines the various areas of public life in a comprehensive manner. The Report sets seven main goals as well as a number of sub-goals related to them. In the statement, the Ombudsman focused especially on the goals set in the following chapters: Equal and Non-Discriminatory Finland, A Finland Free of Gender-Based Violence and A Finland of Financial Equality and Equal Work and Education.
Equal and Non-Discriminatory Finland
The Ombudsman for Equality finds it commendable that the Report emphasises the fulfilment of Finland's international commitments to the prevention of gender-based discrimination. This also requires the prompt implementation of the decisions and recommendations issued by the human rights conventions' supervisory bodies. The functionality and possible amendment needs of the Act on Equality Between Women and Men (Equality Act) should be assessed in light of our international commitments and recommendations, especially with regard to sufficient legal protection.
Development needs of legal protection
The Report defines equality as a public priority. The realisation of equality requires sufficient monitoring and legal remedies. As stated in the Report, Finland should conduct a comprehensive study of the functionality of the Equality Act and prepare the required amendments based on the results.
The Ombudsman for Equality has discussed the amendment required to the Equality Act and the legal protection needs of discrimination victims in the Ombudsman's report to Parliament in the spring of 2022. Among other things, the Ombudsman for Equality has recommended granting the Ombudsman an independent right to bring action. It would also be important to give the courts the opportunity to consult the Ombudsman in matters concerning the application of the Equality Act. As discrimination cases are becoming increasingly complex, the Ombudsman considers it important to be granted powers over intersectional discrimination including gender, gender identity or gender expression as a basis for discrimination.
There is clear need for low-threshold, expert remedies. Developing the National Non-Discrimination and Equality Tribunal into a body providing low-threshold legal remedies would improve the legal protection of discrimination victims. In this connection, it would be important to determine whether the Tribunal could order the payment of compensation for violations of the prohibitions of discrimination provided for in the Equality Act, or at least recommend the payment of compensation, as is proposed in connection with the partial reform of the Non-Discrimination Act.
The Report notes that the Ombudsman for Equality has insufficient resources in relation to the duties assigned to the Ombudsman and the enforcement needs of the Equality Act. Effective law enforcement requires adequate resources, as has been noted by the Employment and Equality Committee.
Taking the diversity of genders into account
Our society and its services are currently not tailored to take the diversity of genders into account. The Ombudsman for Equality commended the Report for addressing this issue and supports the assessment of the necessity of gendered administrative practices proposed in it. Services must be developed to take into account the diversity of genders and the special needs of different groups of people.
A Finland of Financial Equality
The Report sets the objective of halving the average pay gap and lifetime income gap between the genders by the end of the decade, which can be considered to constitute a necessary objective for the promotion of equality.
In line with the Report, the Ombudsman for Equality finds that, in order to achieve equal pay, the State must bear its responsibility for the implementation of international human rights commitments and the actual realisation of fundamental rights.
As described in the Report, achieving this objective will require addressing pay discrimination, fixing unequal pay structures and reassessing the complexity of various industries and jobs. A provision defining the meaning of the concept ‘work of equal value’ should be added to the Equality Act.
The Ombudsman for Equality thus finds it important to assess the gender impact when passing labour legislation. That is the only way they can be taken adequately into account when resolving questions of labour law.
The Ombudsman for Equality emphasises the importance of assessing the gender impact also in the preparation of the social security reform. The different labour market positions of the genders and the unequal distribution of care responsibilities between them also affects pensions, social security and services, so this impact assessment must not be neglected.
Progress towards equality policy objectives must be monitored
The Report sets national objectives for equality policy across administrations, which have been lacking in Finland in the past. The Ombudsman for Equality finds it essential for the effectiveness of these objectives set down in the Report that they be translated into concrete measures in the programmes of future governments. The Ombudsman for Equality proposes the allocation of responsibilities to within each administrative branch to ensure progress towards these objectives and the monitoring of such progress.
Furthermore, the Ombudsman for Equality proposes looking into the possibility of conducting an interim assessment to ensure the advancement of the equality policy objectives set in the Report.
30.11.2022
