FINLAND-SOGI-TBs-CCPR

Country: Finland

Issue: SOGI

Human rights mechanism: Treaty bodies

Treaty body: Human Rights Committee - International Covenant on Civil and Political Rights (ICCPR)

Concluding Observations on Report 7 (2021) (Link)

3. The Committee welcomes the adoption by the State party of the following legislative and policy measures:

…(l) Action plan for the period 2019–2025 for achieving equal opportunities for lesbian, gay, bisexual, transgender and intersex persons in Åland society, in 2019.

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Hate speech and hate crimes

14. The Committee takes note of the measures taken by the State party to combat hate speech and hate crimes, including the adoption of the national action plan for the prevention of violent radicalization and extremism and the introduction of so-called “Internet cops” to police departments. It is concerned, however, about the persistence of intolerance, prejudice, hate speech and hate crimes against vulnerable and minority groups, including women, African descendants, Muslims, lesbian, gay, bisexual and transgender persons, and Roma and Jewish communities, in particular in the media and on social networks. In that regard, the Committee regrets the lack of specific information about the impact and effectiveness of policy and awareness-raising measures on reducing incidents of hate speech and hate crimes and the insufficient data collection (arts. 2, 19, 20 and 26).

15. The State party should redouble its efforts to combat discrimination, hate speech and incitement to discrimination or violence on the grounds of, inter alia, race, ethnicity, religion, or sexual orientation and gender identity, in accordance with articles 19 and 20 of the Covenant and the Committee’s general comment No. 34 (2011) on the freedoms of opinion and expression. It should inter alia:

(a) Improve relevant data collection and take effective measures to prevent both online and offline hate speech, firmly and publicly condemn such speech and intensify efforts aimed at addressing online hate speech;

(b) Strengthen its awareness-raising efforts aimed at promoting respect for human rights and tolerance for diversity, revisiting and eradicating stereotypical prejudices based on race, ethnicity, religion, or sexual orientation and gender identity;

(c) Encourage the reporting of hate crimes, and ensure that hate crimes are thoroughly investigated, perpetrators prosecuted and punished, and victims provided with effective remedies;

(d) Provide adequate training to central and local authorities, law enforcement officials, judges and prosecutors on addressing hate speech and hate crimes, and to media workers on promoting acceptance of diversity.

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Sexual orientation, gender identity and intersex status

20. The Committee is concerned about social stigmatization, discrimination and violence against persons based on their sexual orientation or gender identity. While noting the ongoing process to amend the Trans Act, the Committee is concerned about the lengthy procedure for legal gender recognition and the requirements to be sterilized and diagnosed with “transsexualism”, which is defined as a mental disorder. It is further concerned that consenting transgender children may be unable to access the procedure for legal gender recognition. The Committee is also concerned that irreversible and invasive medical interventions continue to be performed on intersex children. It notes with concern that such actions are often based on a stereotyped vision of gender roles and carried out before children are of an age to allow them to give their full, free and informed consent (arts. 3, 7, 9, 17, 24 and 26).

21. The State party should take legislative and other measures to:

(a) Intensify its efforts to eradicate all forms of discrimination and violence against and social stigmatization of persons based on their sexual orientation or gender identity, and provide access to effective remedies for victims of such acts;

(b) Establish a simple and accessible administrative procedure for change of civil status with respect to gender identity that is in accordance with the Covenant;

(c) Effectively prevent the performance of irreversible medical interventions, especially surgical operations, on intersex children who are not yet capable of giving their full, free and informed consent, unless such procedures constitute an absolute medical necessity, and ensure access to effective remedies for victims of such interventions.

Concluding Observations on Report 6 (2013) (Link)

8. The Committee is concerned that the State party’s current legislation on combating discrimination based on sexual orientation and gender identity is not comprehensive, and therefore fails to protect against discrimination on all the grounds enumerated in the Covenant. It is also concerned about reports of acts of discrimination based on sexual orientation and gender identity (arts. 2 and 26).

The State party should increase its efforts in the field of combating and eliminating discrimination on grounds of sexual orientation and gender identity, inter alia, by implementing comprehensive legislative reform that guarantees equal protection from discrimination on all grounds.

Concluding Observations on Report 5 (2004) (Link)

3. The Committee notes with satisfaction the adoption of:

(a) A new law against discrimination which entered into force in February 2004, banning all direct or indirect discrimination based on age, ethnic or national origin, nationality, language, religion, beliefs, opinions, health, disability and sexual orientation and placing the burden of proof before the courts on the defendant;

FINLAND-SOGI-TBs-CCPR

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