Ombudsman for Equality

Act on the ombudsman for equality and the equality board

Section 1

For the duties laid down in the Act on Equality between Women and Men (609/86) there shall be an office of the Ombudsman for Equality and an Equality Board.

Separate provisions shall determine the Ministry under which the Ombudsman for Equality and the Equality Board shall function.

Section 2

The duties of the Ombudsman for Equality shall include:

• supervision of the observance of the Act referred to in paragraph 1 of section 1 and particularly of the prohibition on discrimination and discriminatory advertising;
• promotion of the implementation of the purpose of the Act referred to in paragraph 1 of section 1 by initiative, advice and counselling;
• provision of information on equality legislation and its practical application; as well as
• the follow-up of the implementation of equality between women and men in the different fields of social life. The Ombudsman for Equality may by decree be assigned also other duties suitable to his or her field of activity.

Section 3

The Ombudsman for Equality may assist a person who has been subjected to discrimination in the protection of his or her rights and, if necessary, to assist said person in judicial proceedings relating to indemnification or compensation if the Ombudsman considers the matter to be of considerable importance with regard to the application of the Act.

The Ombudsman for Equality may order an officer under his authority to assist the person who has been subjected to discrimination.

If the party other than the person assisted by the Ombudsman for Equality or by his subordinate loses the case in court, the losing party shall be ordered to compensate the State for the reasonable expenses incurred by the assistance in accordance with the principles laid down concerning reimbursement of legal expenses between the parties.

Section 4

The Ombudsman for Equality shall have an office, which may have an Assistant Director.

Section 5

The Assistant Director may function as substitute for the Ombudsman for Equality, and, by order of the Ombudsman for Equality may appear in his or her place.

A matter to be decided by the Ombudsman for Equality may be deferred to the Assistant Director as stipulated by decree. The Ombudsman for Equality may himself or herself decide a matter which has been deferred to the Assistant Director for decision.

Section 6

(Section repealed)

Section 7

(Section repealed)

Section 8

The Equality Board shall discuss and decide on issues which belong to it under the Act on Equality between Women and Men.

Section 9

The Equality Board shall consist of a chairperson and four other members. The chairperson and members of the Equality Board shall act under liability of civil servants.

The chairperson and the members as well as a deputy member for each of them shall be appointed by the Council of State for a period of three years at a time. One of the members shall be appointed vice chairperson. Should the chairperson, a member or a deputy member resign or die during his or her term of office, another shall be appointed to replace said person for the remaining term of office.

Section 10

The chairperson and the vice chairperson of the Equality Board as well as their deputies shall have the degree of Master of Laws. The Board shall include representatives who are familiar with equality issues and working life.

Section 11

The Equality Board shall have a quorum when the chairperson of the meeting and all the other members are present. Those absent shall be presented by their deputies.

It may be stipulated by decree that the chairperson of the Equality Board may on behalf of the Board decide on measures related to the preparation of an issue.

Section 12

An issue shall be brought to the Equality Board by written application of the Ombudsman for Equality.

The application shall indicate

• the name, residence and postal address of the party at whom the claim is directed;
• the claim and the grounds thereto;
• the facts on which the application is based; and
• former proceedings concerning the matter.

Section 13

The application shall be served on the person at whom the claim is directed by the Equality Board. The application shall be accompanied by a request to submit an answer within a set period of time.

Section 14

The matters handled by the Equality Board shall be presented in writing. However, the Board may invite the Ombudsman for Equality and the other parties concerned to be heard at the meeting. If a party at whom a claim is directed is invited to be heard in the matter, he or she shall appear at the hearing of the matter at the risk that the matter may be decided in spite of his or her absence.

Section 15

When the Equality Board takes a vote, the provisions of chapter 23 of the Code of the Procedure shall determine the result of the vote.

Section 16

The Ombudsman for Equality, a person working in the office of the Ombudsman, a member and the secretary of the Equality Board or an expert heard by the Board shall not unlawfully disclose to a third party or use for their private benefit what they have learned in connection with this task concerning another's personal circumstances, status of health, financial position, or business or professional secrets.

Anyone who contrary to the provisions of paragraph 1, discloses or uses the information referred to therein, shall be sentenced to a fine or imprisonment for a maximum of two years for violation of the secrecy obligation laid down in the Act on Equality between Women and Men and the Act on the Ombudsman for Equality and the Equality Board.

Section 17

The documents and decisions of the Ombudsman for Equality and the Equality Board as well as copies thereof shall be issued free of charge.

The parties concerned shall themselves be liable for the expenses incurred by the proceedings before the Board.

Section 18

Notification of a decision of and a summons by the Equality Board shall be served in accordance with the provisions of the Act on Service in Administrative Matters (232/66)

Section 19

The Ombudsman for Equality as well as the chairperson and other members of the Equality Board shall be tried for misconduct in office at the Helsinki Court of Appeal.

Section 20

Further provisions on the implementation of this Act shall be issued by Presidential decree.

Section 21

This Act shall enter into force on 1 January 1987.

Measures necessary for the implementation of this Act may be taken prior to its entry into force.