| Freedom rights | Text version |
The Constitution of Finland lays down provisions about freedom rights:
No one may be sentenced to death, tortured or otherwise treated in a manner violating human dignity. The government or another individual does not have the right to kill a person. The government is obliged to protect the life of the individual.
The personal integrity of the individual may not be violated, nor may anyone be deprived of liberty arbitrarily or without a reason prescribed by an act. A penalty involving deprivation of liberty may be imposed only by a court of law. The lawfulness of other cases of deprivation of liberty may be submitted for review by a court of law. The rights of individuals deprived of their liberty must be guaranteed by an act.
Penalties physically or mentally violating human dignity are forbidden. The protection of integrity protects against acts such as forced medical examinations. The right to security emphasises the government’s obligation to protect citizens’ lives.
Services [Ministry for Foreign Affairs of Finland]
No one may be found guilty of a criminal offence or be sentenced to a punishment on the basis of a deed which has not been determined punishable by an act at the time of its commission.
The penalty imposed for an offence must not be more severe than that provided by an act at the time of commission of the offence. This means that for example deeds that are punishable as criminal offences must be specified by an act. Retroactive criminal legislation is forbidden: no deed can be determined as a criminal offence after it has been committed.
Finnish citizens and foreigners legally resident in Finland have the right to freely move within the country and to choose their place of residence. Everyone has the right to leave the country. Limitations on this right may be provided with an act, if they are necessary for the purpose of safeguarding legal proceedings or for the enforcement of penalties or for the fulfilment of the duty of national defence.
Finnish citizens may not be prevented from entering Finland or deported or extradited or transferred from Finland to another country against their will.
The right of foreigners to enter Finland and to remain in the country is regulated by an act. A foreigner cannot be deported, extradited or returned to another country, if in consequence they are in danger of a death sentence, torture or other treatment violating human dignity.
Everyone’s private life, honour and the sanctity of the home is guaranteed. More detailed provisions on the protection of personal data are laid down by an act. Also the collection, storage and disclosure of personal data is restricted by an act.
The sanctity of the home is guaranteed for all, but measures of government authorities encroaching on the sanctity of the home may take place if laid down in an act and necessary for the purpose of guaranteeing basic rights and liberties or for the investigation of a crime. This allows interventions in cases such as domestic violence.
Website of the Office of the Data Protection Ombudsman, Finland
The secrecy of correspondence, telephony and other confidential communications is inviolable. This right to confidential communications means that no one may handle another person’s communications or related identifiers without permission.
Everyone has the freedom of religion and conscience. Freedom of religion and conscience entails the right to profess and practice a religion, the right to express one's convictions and the right to be a member or decline to be a member of a religious community. No one is under the obligation, against their conscience, to participate in the practice of a religion.
Activities violating another basic right or breaking the law cannot, however, be justified by referring to freedom of religion and conscience. Therefore acts such as polygamy out of religious conviction are not allowed in Finland.
People’s basic rights must be taken carefully into account when considering the extent of the right to practice a religion.
Freedom of Religion [Ministry of Education, Finland]
Everyone has the freedom of expression. Freedom of expression entails the right to express, disseminate and receive information, opinions and other communications without prior prevention by anyone. More detailed provisions on the exercise of the freedom of expression are laid down by an act. Provisions on restrictions relating to pictorial programmes that are necessary for the protection of children may be laid down by an act.
The purpose of the freedom of expression is to guarantee free formation of opinions, free media and open discussion. At the same time the freedom of expression is also a political right with the purpose of enabling the public control of the exercise of power.
But, the freedom of expression is not limited to the narrow scope of social or public issues. It is also related to people’s self-expression, the distribution of information and conveyance of messages and so on.
Act on the Exercise of Freedom of Expression in Mass Media [Finlex.fi]
Legislation on mass media [Ministry of Transport and Communications, Finland]
The Constitution guarantees the freedom of science, the arts and higher education. The freedom of science includes the scientist’s right to freely choose their research topics and methods. The scientist also has the right to decide on the publication of their research results.
Documents and recordings in possession of the authorities are public, unless their publication has for compelling reasons been specifically restricted by an act. Everyone has the right of access to public documents and recordings.
The public nature of documents is important for the transparency of the exercise of power. Citizens must have the opportunity to monitor government. Access to information is also important in democracy because participation is in many ways based on information about societal issues.
Act on the Openness of Government Activities [Finlex.fi]
Everyone has the right to arrange meetings and demonstrations without a permit, as well as the right to participate in them. Further provisions about assembly can be found in the Assembly Act. The freedom of assembly can also be seen as a political right. Assembly enables exchange of opinions, political organisation and expressions of opinion.
The freedom of assembly denies government authorities the right to demand a permit for a meeting, but it does not prevent them from requiring an advance notification of public meetings. This way, for example, the police can be prepared to make the necessary traffic arrangements. Public authorities must protect public meetings from outsider disturbance.
Everyone has the right of freedom of association. Freedom of association entails the right to form an association without a permit, to be a member or not to be a member of an association and to participate in the activities of an association. The freedom to form trade unions and to organise in order to look after other interests is likewise guaranteed.
The freedom of association is based on the right of internal self-determination and the freedom of action of associations. But, the right to be a member of an association does not provide everyone the right to become a member of any association.
Further provisions about associations in Finland are laid down by the Associations Act. An association can be formed to collectively pursue an ideology. The purpose must not be against the law or violate good practice.
Associations Act [Finlex.fi]
Register of Associations [National Board of Patents and Registration of Finland]
The right to private property is a basic right in Finland. The property of everyone is protected, and provisions on the expropriation of property, for public needs and against full compensation, are laid down by an act. The protection of property also covers rights such as copyrights, patent rights and trademark rights.
Everyone has the right, as provided by an act, to earn their livelihood by the employment, occupation or commercial activity of their choice. The practice of certain commercial activities and professions is laid down by an act as subject to a licence or authorisation.
The basic rights of the citizen include protection under the law in the administration of justice and administrative procedures. Everyone has the right to have their case dealt with appropriately and without undue delay by a legally competent court of law or other authority, as well as to have a decision pertaining to their rights or obligations reviewed by a court of law or other independent organ for the administration of justice.
Provisions concerning the publicity of proceedings, the right to be heard, the right to receive a reasoned decision and the right of appeal, as well as other guarantees of fair trial and good governance are laid down by an act.
Law and legal protection [Suomi.fi]
Website of the Judicial system in Finland
Related links:
The Constitution of Finland [Finlex.fi]
Updated on September 28, 2006