The absence of a student due to pregnancy and family leave must also be taken into account in the open path studies of universities of applied sciences (TAS/538/2023, issued on 23 November 2023)

The Ombudsman for Equality was asked to investigate whether a university of applied sciences had complied with the Act on Equality Between Women and Men (Equality Act) in not taking pregnancy and family leave into account when deciding on the duration of open path studies at the university of applied sciences. This practice by the university of applied sciences was de facto making the student pay again for the same studies to be able to complete them. 

The Ombudsman for Equality asked the university of applied sciences in question and the Ministry of Education and Culture for reports on the matter. 

According to the university of applied sciences' report, the Universities of Applied Sciences Act's provision stating that non-attendance due to pregnancy or family leave is excluded from the normative duration of studies is not applied to open path students. Therefore, the university of applied sciences considered that the open path student had not been discriminated against as prohibited by the Equality Act. 

The Ministry of Education and Culture did not give an unequivocal answer to the question whether the above-mentioned provision of the Universities of Applied Sciences Act is applied to open path students.

In their statement, the Ombudsman for Equality emphasises the obligation to promote equality between the genders. A university of applied sciences exercises public authority and it is thus not enough for it to simply act in a non-discriminatory manner. An institute of higher education is also required to promote gender equality in all of its operations. 

The Equality Act's provision on the promotion of equality imposes specific obligations to collect information on impediments to equality and develop measures to eliminate such impediments. Bodies exercising public authority must determine which factors prevent the realisation of gender equality in any given situation and take action to eliminate such factors. Assessing the gender impact of acts, decrees and other regulations at the preparation stage is one of way of collecting such information. 

The Ombudsman for Equality has consistently found that a provision, regulation or practice affecting studies that puts students in a less favourable position due to pregnancy, family leave or other family obligations is problematic in light of the Equality Act. 

In their statement, the Ombudsman for Equality notes that the university of applied sciences' practice has put the open path student in a less favourable position based on pregnancy and family leave. Since the educational institution has not presented any information that would disprove the assumption of discrimination that arose in the matter, the Ombudsman for Equality finds that the university of applied sciences' interpretation has placed the student in a less favourable position as prohibited by the Equality Act. 

According to the Ombudsman for Equality, an interpretation respecting gender equality and fundamental rights and taking into account the prohibition of discrimination provided for in the Equality Act and the obligation imposed by the Act to promote gender equality purposefully and systematically would have been possible in the matter. 

08.12.2023