Children’s rights in Finnish law
The Convention on the Rights of the Child has been in force under Finnish law since 1991. However, the Convention only sets minimum requirements for children’s rights. Finland can therefore improve the status of children through its own legislation.
Children’s rights are regulated in several different laws
The Convention on the Rights of the Child defines only the minimum standard of children’s human rights. Finland is, thus, free to improve the position of children beyond the level set by the Convention through its own legislation. Rights are also specified in greater detail in national legislation.
If the law of a State Party or international law binding on the State Party provides for the realisation of children’s rights more effectively than the Convention on the Rights of the Child, the Convention’s provisions do not affect those provisions (Article 41).
Children’s rights are engaged whenever legislation addresses the position of the child in any manner. Most of the rights safeguarded by the Convention on the Rights of the Child are provided for in the Constitution of Finland. However, children’s rights are also regulated at a national level through many other acts, such as the Child Welfare Act, the Non-discrimination Act and the Act on Primary and Lower-Secondary Education. Legislation specifies how rights are applied in practice.
The State has a duty to safeguard human rights and their realisation
Under Section 22 of the Constitution of Finland (in Finnish, finlex.fi), public authorities must guarantee the observance of basic rights and liberties as well as human rights. This obligation binds those who draft legislation, legislators and those responsible for implementing the law.
The public authorities must respect human rights, protect children from human rights violations and proactively promote the realisation of human rights. The obligation to safeguard rights pertains to every public authority.
Fundamental and human rights-friendly interpretation of the law
National legislation must be interpreted in a way that is compatible with fundamental and human rights. Particular attention must be paid to rights-friendly interpretation in cases concerning children or other vulnerable persons.
In matters concerning children, legislation must be interpreted in accordance with the Convention on the Rights of the Child in particular, but also with other human rights treaties. Provisions on fundamental rights bind all State and municipal authorities, as well as other bodies that exercise public authority.
