We were at a Christmas lunch, where we had a lively discussion about the political events of the last few weeks and the challenges of making the current ”hot potato” political decision. Sometimes the discussion touched on matters of faith, sexual orientation, gender, age and sometimes criminal liability. After leaving lunch, I was inspired to review the Finnish Constitution myself. Here it is, word for word, up to § 22. I hope that lively discussions on these issues will continue in the future.
Chapter 1: Foundations of the Constitution
1 §: Constitution
Finland is a sovereign republic. The Constitution of Finland is laid down in this Constitution. The Constitution guarantees the inviolability of human dignity and the freedom and rights of the individual, and promotes justice in society. Finland participates in international cooperation to safeguard peace and human rights and to develop society. Finland is a member of the European Union. (4.11.2011/1112)
2 §:Democracy and the rule of law
In Finland, state power belongs to the people, represented by the Parliament, which meets in Parliament. Nationhood includes the right of individuals to participate in and influence the development of society and their living environment. The exercise of public power must be based on law. All public activities must be carried out in strict compliance with the law.
3 §: Division of state functions and parliamentarism
Legislative power is exercised by Parliament, which also decides on the state budget. The President of the Republic and the Council of State, whose members must enjoy the confidence of Parliament, exercise governmental power. Judicial power is exercised by independent courts, the Supreme Court and the Supreme Administrative Court being the highest courts.
4 §: National territory
The territory of Finland is indivisible. The boundaries of the country cannot be changed without the consent of Parliament.
5 §: Finnish citizenship
Finnish citizenship is acquired on the basis of birth and parental citizenship, as further specified by law. Citizenship may also be granted on the basis of a declaration or application, subject to the conditions laid down by law. Exemption from Finnish citizenship may be granted only on the grounds provided for by law and on condition that the person has or acquires citizenship of another State.
Chapter 2: Fundamental rights
6 §: Equality
People are equal before the law.
No one shall be discriminated against on grounds of sex, age, origin, language, religion, belief, opinion, health, disability or any other personal ground without justifiable grounds. Children must be treated equally as individuals and must have a say in matters affecting them in a manner appropriate to their development. Gender equality shall be promoted in social life and in working life, in particular in determining pay and other conditions of employment, as further provided by law.
7 §: Right to life, liberty and security of person
Everyone has the right to life, liberty, security and security of person.
No one shall be sentenced to death, tortured or otherwise treated in a manner that violates human dignity. Personal integrity shall not be violated and freedom shall not be arbitrarily or unjustifiably deprived. The penalty, which shall include deprivation of liberty, shall be imposed by a court. The lawfulness of any other deprivation of liberty may be subject to judicial review. The rights of a person deprived of his liberty are protected by law.
8 §: The principle of legality in criminal law
No one may be held guilty of a criminal offence or sentenced to a term of imprisonment for an act which is not punishable by law at the time when it is committed.
The penalty for the offence may not be more severe than the penalty provided for by law at the time of the offence.
9 §: Freedom of movement
Finnish citizens and foreigners residing legally in Finland have the freedom to move and choose their place of residence. Everyone has the right to leave the country.
This right may be subject to such limitations as are necessary by law to safeguard the course of justice or the execution of a sentence, or to ensure the performance of a national defence obligation. A Finnish citizen may not be prevented from entering the country, expelled from the country or extradited or transferred to another country against his will. However, a law may provide that a Finnish citizen may be extradited or transferred to a country where his or her human rights and legal protection are guaranteed, in connection with a criminal offence or for the purpose of legal proceedings or the enforcement of a decision on the custody or care of a child. (24.8.2007/802) The right of a foreigner to enter and reside in Finland is regulated by law. An alien may not be expelled, extradited or returned if he or she would be subjected to the death penalty, torture or other treatment that would be inhuman or degrading to human dignity.
10 §: Protection of privacy
Everyone's private life, honour and peace of mind are protected.
The protection of personal data is regulated in more detail by law. The secrecy of letters, telephone calls and other confidential communications is inviolable. A law may provide for measures necessary to protect fundamental rights or to investigate criminal offences which fall within the scope of the right to respect for the home. (5.10.2018/817) A law may provide for necessary restrictions on the secrecy of communications in the investigation of offences that endanger the security of the individual or society or domestic tranquillity, in court proceedings, during security checks and during deprivation of liberty, and for obtaining information on military activities or other activities that seriously threaten national security. (5.10.2018/817)
11 §: Freedom of religion and conscience
Everyone has freedom of religion and conscience. Freedom of religion or belief includes the right to profess and practise a religion or belief, the right to express one's convictions and the right to belong or not to belong to a religious community. No one shall be obliged to take part in religious practice contrary to his or her conscience.
12 §: Freedom of expression and publicity
Everyone has freedom of expression.
Freedom of expression includes the right to express, publish and receive information, opinions and other messages without prior interference. More detailed provisions on the exercise of freedom of expression are laid down by law. A law may impose such restrictions on image programmes as are necessary for the protection of children. Documents and other records held by public authorities shall be public, unless their publicity is expressly restricted by law for reasons of necessity. Everyone has the right of access to public documents and records.
13 §: Freedom of assembly and association
Everyone has the right to organise and take part in meetings and demonstrations without seeking permission.Everyone has the right to freedom of association.
Freedom of association includes the right to form an association without permission, to belong or not to belong to an association and to participate in its activities. Similarly, freedom of association is guaranteed in professional matters and the freedom to organise for the protection of the interests of others. More detailed provisions on the exercise of freedom of assembly and association are laid down by law.
14 §: Electoral and participation rights
Every Finnish citizen over the age of eighteen has the right to vote in national elections and referendums.
The eligibility to stand for election at state elections shall be subject to the provisions of this Constitution. Every Finnish citizen and every other resident citizen of the European Union who has attained the age of eighteen years shall be entitled to vote in elections to the European Parliament in accordance with the law. (4.11.2011/1112) Every Finnish citizen and foreigner permanently resident in Finland who has reached the age of eighteen has the right to vote in municipal elections and municipal referendums, as provided by law. The right otherwise to participate in the administration of municipalities is regulated by law. The role of public authorities is to promote the opportunities for individuals to participate in society and to influence decisions affecting them.
15 §: Protection of property
Everyone's assets are protected.
The expropriation of property for public use against full compensation is regulated by law.
16 §: Cultural rights
Everyone has the right to free basic education.
Compulsory education is regulated by law. The public authorities shall ensure, as further provided by law, that everyone has equal access to education other than primary education, in accordance with his abilities and special needs, and to his personal development, without being prevented from doing so by lack of means. Freedom of science, art and higher education shall be guaranteed.
17 §: The right to one's own language and culture
The national languages of Finland are Finnish and Swedish.
The right to use one's own language, either Finnish or Swedish, in court and before other authorities, and to have one's documents drawn up in that language, is guaranteed by law. The public authorities must provide for the cultural and social needs of the Finnish- and Swedish-speaking populations of the country on the same basis. The Sámi as an indigenous people, as well as the Roma and other groups, have the right to maintain and develop their own language and culture. The right of the Sami to use the Sami language in public administration is regulated by law. The rights of sign language users and those who need interpretation and translation assistance due to disability are protected by law.
18 §: Right to work and freedom to conduct a business
Everyone has the right by law to earn a living by a job, profession or trade of his or her choice.
Public authorities must ensure the protection of the workforce. Public authorities must promote employment and seek to ensure the right to work for all. The right to training for employment is provided for by law. No one may be dismissed from work without a legitimate reason.
19 §: Right to social security
Everyone who is unable to acquire the security necessary for a decent life has the right to the means of subsistence and to the care he or she needs.
The law guarantees everyone the right to basic income security in the event of unemployment, sickness, disability, old age, the birth of a child or the loss of a carer. The public authorities must ensure, as specified by law, adequate social and health services for all and promote the health of the population. Public authorities shall also support the capacity of the family and other persons responsible for the care of the child to safeguard the child's well-being and individual growth. The public authorities have a duty to promote the right to housing for all and to support the independent organisation of housing.
20 §: Responsibility for the environment
Responsibility for nature and its diversity, the environment and cultural heritage belongs to all.
Public authorities must seek to ensure that everyone has the right to a healthy environment and the opportunity to influence decisions about their living environment.
21 §: Legal protection
Everyone has the right to have his or her affairs handled properly and without undue delay by a court or other authority competent according to law and to have a decision concerning his or her rights and obligations reviewed by a court or other independent tribunal.
The publicity of the proceedings, the right to be heard, to obtain a reasoned decision and to appeal, as well as other guarantees of a fair trial and good administration, are guaranteed by law.
22 §: Safeguarding fundamental rights
The public authorities must safeguard fundamental and human rights.