Social rights in Finland
Social rights consist of rights guaranteed by ordinary legislation (link only in Finnish), fundamental social rights affirmed by the national Constitution and social human rights defined by international human rights treaties.
Social rights, fundamental social rights and social human rights
Social rights guaranteed by ordinary legislation include the benefits specified in the social security legislation implemented by Kela. The Constitution guarantees economic, social and cultural (ESC) rights, such as the right to work, education, indispensible subsistence and care, social security and adequate social, health and medical services, which the authorities are required to guarantee and promote. The protection offered by some other provisions on fundamental rights, such as equal treatment, equality, good administration and due process, extends also to ESC rights.
Out of the human rights treaties which have been implimented nationally and which are binding on Finland, the UN International Covenant on Economic, Social and Cultural Rights (ICESCR) and the European Social Charter specifically guarantee ESC rights, such as the right to work, good health, housing and social security. In addition, the European Convention on Human Rights and the UN International Covenant on Civil and Political Rights (ICCPR) also include provisions which are important with regard to social rights, such as provisions on discrimination and fair trial. Ensuring that social rights are fulfilled is primarily the responsibility of the Parliament. The Parliament shall issue the necessary legislation for the fulfilment of social rights.
Implementation and supervision
Several actors both in Finland and on the international level implement and supervise the fulfilment of social rights. These actors include Finnish authorities which implement the provisions on social security (Kela, municipalities, pension providers and insurance companies) as well as appellate bodies and supervisory bodies, including both domestic and international courts and human rights committees. In addition, guardians of law and order, the Parliamentary Ombudsman and the Chancellor of Justice, supervise that authorities and officials observe the law and fulfil their obligations and that the citizens' fundamental and human rights are fulfilled.
Updated 10/22/12