National Non-Discrimination and Equality Tribunal of Finland

Function of the National Non-Discrimination and Equality Tribunal

The National Non-Discrimination and Equality Tribunal supervises compliance with the Non-discrimination Act and the Act on Equality between Women and Men in private and public activities. The Tribunal is an independent and impartial judicial body.

The function of the Tribunal is to provide legal protection to those who consider that they have been discriminated against or victimised. The Tribunal carries out this function mainly by considering submitted petitions on discrimination. The consideration of a petition by the Tribunal is free of charge. Decisions on petitions may be appealed to the Administrative Court. The decisions are legally binding once they become final.

The Tribunal may also issue opinions on the interpretation of the Non-discrimination Act. Such a opinion may be requested by the Non-Discrimination Ombudsman, a court of law, another authority, an association promoting non-discrimination or an occupational safety and health authority.

The Tribunal may also confirm a settlement between the parties in a matter concerning discrimination or victimisation.

The Tribunal’s mandate does not cover the following:

• Supervision of compliance with the Non-discrimination Act in working life
• Matters pertaining to private and family life, as well as the practice of religion
• Matters concerning Parliament, except for those concerning the activities of Parliament or one of its organs as a public authority or employer
• The administration of justice by courts of law or other judicial bodies
• The activities of the President of the Republic, the government plenary session, the Chancellor of Justice and the Parliamentary Ombudsman

Supervision of compliance with the Non-discrimination Act

Petitionary matters regarding discrimination or victimisation

Anyone who believes they have been discriminated against or victimised may submit a petition regarding compliance with the Non-discrimination Act. A petition may also be submitted by the Non-Discrimination Ombudsman or an association promoting non-discrimination.

The National Non-Discrimination and Equality Tribunal may:

• Investigate whether a petitioner has been discriminated against or victimised.
• Prohibit any further or recurring discrimination or victimisation.
• Investigate whether an authority, an education provider, an early childhood education and care provider or a service provider has failed to comply with the obligation to promote non-discrimination.
• Obligate a party to take action to comply with the obligations laid down in the Non-discrimination Act.
• Impose a penalty payment as an enforcement measure and order it to be paid.
• Recommend that compensation be paid to the party who has been discriminated against or victimised. Such a recommendation is not legally binding and cannot be appealed.

Recommending compensation

The Tribunal may recommend that compensation be paid to the party who has been discriminated against or victimised. Such a recommendation is not legally binding and cannot be appealed. If the compensation recommendation is not followed, the person who has been discriminated against or victimised may file a compensation claim with a District Court. The District Court is not bound by the Tribunal’s decision, and will independently assess the matter.

The institution of a matter in the National Non-Discrimination and Equality Tribunal will interrupt the time limit set for requesting compensation for the duration of the Tribunal’s consideration.

The receipt of compensation does not preclude the receipt of compensation by virtue of the Damages Act or other legislation.

Matters concerning the obligation to promote non-discrimination

The Tribunal may investigate whether an authority, an education provider, an early childhood education and care provider or a service provider has failed to comply with the obligation to promote non-discrimination. If the Tribunal finds that there has been a failure to comply with the obligation, the Tribunal may oblige the party to take the necessary action.

Anyone who believes they have been discriminated against or victimised may submit a petition regarding compliance with the obligation to promote non-discrimination. Such a petition may also be submitted by the Non-Discrimination Ombudsman. In addition, the Non-Discrimination Ombudsman may submit to the Tribunal a petition on neglect of planning obligations.

Confirmation of settlement

The Tribunal may confirm a settlement in a matter concerning discrimination or prohibited victimisation. The parties must jointly apply for the confirmation of the settlement, or the Non-Discrimination Ombudsman may apply for confirmation with the consent of the parties.

Issuing an opinion

The Tribunal may issue an opinion on a matter of importance for the interpretation or objectives of the Non-discrimination Act, provided that it does not concern working life or the interpretation of a collective agreement or a collective agreement for public officials. An opinion may be requested by the Non-Discrimination Ombudsman, a court of law or another authority, an association promoting non-discrimination or an occupational safety and health authority, the latter of which may also request an opinion on the interpretation of the Non-discrimination Act in working life.

Supervision of compliance with the Act on Equality between Women and Men

Petitionary matters regarding discrimination or countermeasures

The Tribunal cannot consider a petition by a private individual regarding compliance with the Act on Equality between Women and Men.  Only the Ombudsman for Equality or a central labour market organisation can submit a petition to the Tribunal on discrimination or countermeasures prohibited by the Act on Equality between Women and Men.

If you suspect that you have been discriminated against in a manner prohibited by the Act on Equality between Women and Men, please contact the Ombudsman for Equality. The reasons for discrimination prohibited by the Act on Equality between Women and Men include gender, pregnancy, childbirth, gender identity, gender expression, parenthood and family responsibilities.

Matters concerning the obligation to promote equality

Based on a proposal by the Ombudsman for Equality, the Tribunal may oblige an education provider, an early childhood education and care provider, a service provider or an employer to prepare a gender equality plan.

Confirmation of settlement

The Tribunal may confirm a settlement in a matter concerning discrimination. The parties must jointly apply for the confirmation of the settlement, or the Ombudsman for Equality may apply for confirmation with the consent of the parties.

Issuing an opinion

The Tribunal may issue an opinion on the application of sections 7, 8, 8a–8e and 14 of the Act on Equality between Women and Men in matters of importance in terms of the Act’s objectives. Such an opinion may be requested by a court of law.