List of issues and questions in relation to the seventh periodic report of Finland *

Constitutional, legislative and institutional framework

1.It is indicated in paragraph 43 of the core document (HRI/CORE/1/Add.59/Rev.2) that the State party has resolved the relationship between national and international law using a dualistic model. At the same time, however, the State party refers to this model as “de facto monism” in which the hierarchical status of the incorporating enactment determines the formal rank of an international agreement. Please provide information on the formal rank of the Convention and its Optional Protocol, in addition to some examples of cases in which the Convention has been invoked or referred to.

2.Please provide updated information on the proposed changes to both the Equality Act and the Non-Discrimination Act, including information on the prohibition of multiple discrimination and discrimination based on gender identity and gender expression. Please also provide information on the measures taken to develop and intensify the monitoring system of the Equality Act (para. 9).

Gender mainstreaming

3.In paragraph 58, it is stated that the Government began gender mainstreaming in its managerial structures in 2009 and that the special areas of focus are law drafting and elaboration of the State budget. It is acknowledged, however, that gender impact assessments are still not very common when drafting bills in ministries. Please provide information on measures taken to ensure that gender impact assessments become common practice when drafting bills.

4.Please provide updated information on the Equality Programme initiated in 2011 (para. 52) and the Human Rights Centre established in the State party in 2012 to strengthen the gender perspective and mainstreaming (para. 65).

Disadvantaged groups of women

5.In its previous concluding observations (CEDAW/C/FIN/CO/6, para. 32), the Committee requested information on the situation of women from ethnic minority groups, including with regard to access to education, employment and health care, and on the impact of measures taken to enhance such access and results achieved, as well as trends over time. Please provide those data.

6.Please provide updated information on specific measures taken by the State party to ensure gender equality for Roma, migrant and Sami women and women with disabilities who experience discrimination in all areas covered by the Convention.

Violence against women

7.In paragraph 69, it is mentioned that a national action plan to reduce violence against women was adopted for the period 2010-2015. Please provide updated information on the implementation of the 66 measures contained therein and the reasons why no budget was allocated thereto.

8.Please provide information on the State party’s establishment and implementation of the Plan of Action on Female Genital Mutilation of Girls initiated in 2009 and on the Action Plan against Disciplinary Violence in immigrant families submitted in 2010 (paras. 80 and 82).

9.It is indicated that the National Institute for Health and Welfare implemented a pilot project to decrease serious violence in relationships and to support victims (para. 74). Please provide information on the assessment of the project that was conducted in 2012. Please also provide statistics on the number of women killed by their spouses, ex-spouses or intimate partners in the past three years.

10.In paragraph 78, it is stated that chapter 20 of the Criminal Code (495/2011) has been amended so that acts where the perpetrator has sexual relations with the victim by taking advantage of his or her defencelessness constitute rape. It is conceded that the amendment has been criticized for its focus on the intention of the perpetrator rather than on the lack of consent of the victim. Please provide detailed information on the results of a study on sanction practices in cases of rape. Please also provide updated information on the revision of rape legislation through the bill presented to the parliament in 2012, together with statistical data on prosecution and conviction rates in rape trials.

11.It is indicated in paragraph 89 that the Act on Conciliation in Criminal and Certain Civil Cases (1015/2005) permits mediation in crimes relating to violence in close relationships, with the exception of sexual violence, which cannot be subject to conciliation. According to the instructions of the Prosecutor General of 2007, conciliation should be used primarily in “complainant offences”. Please provide detailed information on offences in which conciliation is permitted, together with statistical data in English (the data were previously submitted in Finnish only).

12.It is stated in paragraph 98 that unified quality recommendations for shelters are being elaborated and in paragraph 97 that a project has been initiated to develop a model for a network of shelters with secret addresses for persons who have experienced serious violence or threats thereof. Please provide updated information on those initiatives. Information before the Committee also states that shelters are in general not sufficient or geographically evenly distributed, do not cater for women with disabilities and are not sufficiently funded by the Government. Please provide updated information on the internal security programme and its measures designed to tackle such shortcomings.

13.Please provide detailed information on other services for women victims of gender violence such as rape crisis centres, round-the-clock telephone services and walk-in centres in the State party.

Trafficking and exploitation of prostitution

14.In paragraph 110, it is stated that the Committee on Legal Affairs considered it important to assess the penal provision on exploitation of victims of sex trafficking to determine the extent to which it provided increased protection to victims and aspired to do so after the parliamentary elections in 2011. Please provide updated information on this topic.

15.In paragraph 116, it is indicated that a steering group appointed by the Ministry of the Interior to elaborate recommendations for measures to develop anti-trafficking measures in line with the Revised Plan of Action against Trafficking in Human Beings recommended that special legislation on the assistance structure for victims of trafficking should be drafted. Please provide updated information on the actions taken pursuant to those recommendations.

16.Please provide further information on legislation governing prostitution in the State party and on clandestine prostitution in massage parlours, including information on support measures provided to persons working in parlours (para.113).

Participation in political and public life

17.Please provide data on the number of women from ethnic minorities and women with disabilities who hold positions in local and central government and describe measures taken to increase their participation.

Employment

18.In paragraph 179, it is indicated that the gender-based wage gap remains a serious equality issue in the State party. Please provide detailed information on the results of the Government’s equal pay programme that aims to reduce the wage gap from 20 per cent in 2006 by at least 5 per cent until 2015. Please also provide information on sanctions available against employers who do not guarantee equal pay for women and men and who are charged with unfair dismissal of pregnant women.

19.It has been reported that the employment rate of immigrant and Roma women and women with disabilities is less than that of the general population. Please provide information on measures taken to improve the situation of such women and indicate whether the State party is considering ratifying the Convention on the Rights of Persons with Disabilities and the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.

Health

20.Please provide information on the health situation of Roma, migrant and Sami women and women with disabilities and the measures taken to facilitate their access to health-care services, including to prenatal and postnatal care.