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Summary: Please note that violations highlighted are those issues raised with a State by more than one international human rights mechanism. This is done with the intention of identifying children's rights which have been repeatedly violated, as well as gaps in the issues covered by NGOs in their alternative reports to the various human rights monitoring bodies. These violations are listed in no particular order.
______________________________________________ UN Committee on the Elimination of Discrimination against Women (Concluding Observations, July 2008) The Committee notes the various efforts undertaken by the State party to combat violence against women and girls, including the introduction of restraining orders for persons living in the same household. However, the Committee remains concerned about the high incidence of violence against women, including the high number of women killed in domestic violence, and sexual harassment, the absence of a comprehensive strategy to combat all forms of violence against women and the lack of an effective institutional mechanism to coordinate, monitor and assess actions at the governmental level to prevent and address this scourge. The Committee is also concerned that the policy on violence against women is couched in gender-neutral language, which undermines the notion that such violence is a clear manifestation of discrimination against women. The Committee is further concerned that the new mediation procedure may lead to the re-victimization of women who have suffered violence. The Committee regrets that the number of shelters, many of which have been established and are operating on the initiative of NGOs, is insufficient to meet the needs of women, both in numbers and in their mode of operation. (Paragraph 173) The Committee calls upon the State party to intensify its efforts to prevent and address all forms of violence against women and girls, including domestic violence, in accordance with the Committee's general recommendation No. 19 and the State party's reaffirmed commitment during the Universal Periodic Review of the Human Rights Council (A/HRC/WG.6/1/FIN/4, para. 50). It also calls upon the State party to put in place expeditiously a comprehensive strategy or action plan and a campaign to prevent and eliminate all forms of violence against women and girls, and an effective institutional mechanism at the cabinet level to coordinate, monitor and assess the effectiveness of measures taken. The Committee recommends that the State party carry out studies and monitor closely the new law on the mediation procedure in order to ensure that such procedure is implemented in a way that respects and promotes women's human rights and does not lead to perpetrators escaping prosecution. The Committee urges the State party to ensure that a sufficient number of shelters, staffed by expert personnel and provided with adequate financial resources, are available to women victims of violence. It recommends that shelters adhere to a strict policy of confidentiality to protect the victim's identity and the locality of shelters. The Committee urges the State party to take steps towards enacting a legislation criminalizing sexual harassment. (Paragraph 174) Universal Periodic Review (April 2008) The following recommendations were accepted: 50 - 3. To continue to take effective measures to prevent violence against women (Mexico, Russian Federation) and to compile information on the violence against children within the family (Russian Federation). ----------------------------------------------- High levels of substance abuse UN Committee on the Rights of the Child (Concluding Observations, June 2011) The Committee welcomes the Action Plan for the Promotion of Sexual and Reproductive Health 2007-2011, as well as the creation of a Department of Child and Adolescent Health within the National Public Health Institute, in 2007. It is however concerned at the high level of alcohol and tobacco abuse among adolescents. The Committee recommends that the State party strengthens its measures to divert adolescents from alcohol, tobacco and substance abuse by raising awareness on negative impacts of alcohol and tobacco and engage the mass media to ensure their contribution to healthy lifestyles and consumption patterns by children and adolescents. (Paragraphs 48&49) UN Committee on the Elimination of Discrimination against Women (Concluding Observations, July 2008) The Committee expresses its concern at the deteriorating mental health situation of girls, including depression, eating disorders, and increased alcohol and drug consumption. It is particularly concerned at the high suicide rate among girls. The Committee urges the State party to take the necessary measures to address the deteriorating mental health situation of young girls, to prevent and combat the abuse of alcohol and use of drugs, and to prevent girls' suicide. It also recommends awareness-raising and educational campaigns, in particular through the media, targeted at adolescent girls. (Paragraphs 185&186) UN Committee on Economic, Social and Cultural Rights (Concluding Observations, 2007) The Committee is concerned about the increase in alcohol and drug abuse, as well as about the high incidence of mental health disorders in the State party, especially among young persons (Para. 18) The Committee recommends that the State party intensify its efforts aimed at preventing alcohol and drug abuse, as well as at addressing the root causes of mental health disorders among the population of the State party. The Committee requests that the State party provide in its next periodic report detailed information on progress made in improving mental health of the population in the State party, reducing the incidence of alcohol and drug abuse, and promoting a healthy lifestyle among young persons. (Para. 27) ----------------------------------------------- Limited access to education for Roma children UN Committee on the Rights of the Child (Concluding Observations, June 2011) The Committee is concerned at the difficulties faced by different groups of children in vulnerable situations, including Roma children, in the education system, including the high rate of non-attendance, poor achievement, high number of children in special education classes, and the high drop out rate. The Committee recommends that the State party: (a) Enhance teachers' knowledge of different cultures, difficulties chidren face and employ more Roma professionals in schools, inter alia as special needs assistants, in order to provide better support to children and their families, (b) Include the rights of minorities in teachers' training and school curricula; (c) Encourage more parents whose children are not attending day care programs to enrol their children in early childhood development programs, in order to improve their command of the Finnish language, social skills and make the transition to school easier and prevent school failure and drop-out. (Paragraphs 52&53) Human Rights Committee (Concluding Observations, December 2004) While acknowledging the State party's efforts to enable the Roma minority to preserve its language and culture and to integrate fully into society, the Committee again notes with concern that Roma still face discrimination in housing, education, employment and access to public places. The State party should step up its efforts to combat social exclusion and discrimination, and allocate the requisite resources to put into effect all plans to do away with obstacles to the Roma's practical exercise of the rights they enjoy under the Covenant (arts. 26 and 27). (Paragraph 15) UN Committee on Economic, Social and Cultural Rights (Concluding Observations, May 2007) The Committee notes with concern the high dropout rate of Roma children, and in particular of Roma girls, despite the efforts undertaken by the State party to improve access to education of Roma children. The Committee is deeply concerned that according to reports received, Roma children tend to be channeled towards special education more than other children due to the perception of teachers that such children are difficult or need special attention. (Para.19) The Committee recommends that the State party intensify its efforts to improve access to inclusive education for Roma children, inter alia by: (a) taking immediate steps to eliminate negative prejudices and stereotypes regarding Roma and their contribution to society; (b) facilitating the recruitment of Roma teachers so as to ensure, to the widest extent possible, adequate opportunities for Roma children to receive instruction in their native language (c) increasing the availability of schoolbooks in the Romani language; and (d) organising special training for teachers to increase their knowledge about the culture and traditions of Roma and to raise their sensitivity to the needs of Roma children. (Para. 28) ----------------------------------------------- The high number of children in institutions UN Committee on the Rights of the Child (Concluding Observations, June 2011) While welcoming that the Child Welfare Act provides more precise provisions, inter alia, for taking a child into care and urgent placement of children, and requires that alternative care is provided primarily in small and family-like units, the Committee is concerned that, in practice, the number of children placed in institutions, including successive placements, is increasing, that number of foster family care placements is insufficient and that there is no unified nationwide standards establishing criteria for placements in alternative care, care planning and regular review of placement decisions, and that there is insufficient supervision and monitoring of alternative care facilities. It is also concerned at the lack of effective complaints mechanisms for children without parental care, including children in institutions. The Committee is further concerned that children in institutions are not always integrated into mainstream education, and do not always receive the necessary mental health services. Furthermore, the Committee is concerned at the lack of support to biological families, while their children are in alternative care, with the purpose of reunification of these children with their biological families. The Committee recommends that the State party: (a) Increase its efforts to ensure that children in need of alternative care are placed in family-type and foster family care and not in institutions, and take measures to avoid successive placement of children in public care, inter alia, by increasing the resources for foster care and support of foster parents; (b) Provide training to all professionals working with children in alternative care settings, including foster parents and supervisors; (c) Establish unified national standards for assessment and placement of children in alternative care, care planning and regular review of placements decisions and ensure adequate supervision and monitoring of the situation of children placed in foster homes or institutions; (d) Take necessary measures to ensure the provision of effective, well-known, independent and impartial complaints mechanisms for children without parental care; (e) Ensure that children in institutions are integrated into mainstream education, and that they have access to mental health services when required; and (f) Provide support to biological families with the purpose of subsequent reunification of children in alternative care with their biological families, when possible. The Committee recommends the State party to take into account the Guidelines for the Alternative Care of Children annexed to the United Nations General Assembly resolution 64/142 of 20 December 2009. (Paragraph 33&34) UN Committee on Economic, Social and Cultural Rights (Concluding Observations, May 2007) The Committee requests the State party to address the root causes of the high number of children who are removed from their families and placed in institutions or foster homes in the State party, with a view to adopting all necessary measures to ensure, insofar as possible, the maintenance of the links between the child and his/her parent(s). The Committee also requests the State party to provide in its next periodic report disaggregated data on an annual basis on the number and ethnic origin of children placed in institutions or foster homes, the average period of placement, the reasons for such placement, and the measures taken to reunite children with their biological parents. (Para. 29) ----------------------------------------------- UN Committee on the Rights of the Child (Concluding Observations, June 2011) While welcoming the establishment of a project to prevent bullying among children, it remains concerned at reports of widespread sexual and gender-based harassment against girls, as well as bullying, including on the Internet and by mobile phones. The Committee welcomes the amendments to the Basic Education Act in 2010, introducing enhanced or special support in learning, but it remains concerned that, despite the excellent academic achievements of children in the State party, a high number of children are not satisfied with their schools. The Committee recommends that the State party: a) Enhance the measures undertaken to combat all forms of bullying and harassment, such as improving the capacity of teachers and all those working at schools and students to accept diversity at school and improve their conflict resolution skills; b) Pay more attention to children's well-being in schools, including their right to have their opinions taken into account and conduct a research on the cause of their dissatisfaction at schools; and c) Take into account the Committee's general comment No. 1 (2001) on the aims of education in the implementation of the above recommendations. (Paragraphs 54&55) UN Committee on the Elimination of Discrimination against Women (Concluding Observations, July 2008) The Committee notes with concern the lack of a gender perspective in early childhood education and the overall gender neutrality of the educational curriculum and teaching materials. It also notes with concern the high rate of girls experiencing sexual harassment at school and the lack of adequate training for teachers to address such phenomenon. The Committee requests the State party to undertake a comprehensive curricula review and to introduce gender-sensitive curricula and teaching methods that address the structural and cultural causes of discrimination against women. It also requests that gender issues and sensitivity training be made an integral and substantive component of all teachers' training. (Paragraphs 181 &182) ----------------------------------------------- Detention of asylum-seeking and refugee children UN Committee on the Rights of the Child (Concluding Observations, June 2011) The Committee notes the 2006 Migration Policy Programme, in which the principle of the best interests of the child is taken into account in asylum and refugee policy, as well as the amendments to the Aliens Act in 2010, which provides for family reunification of unaccompanied children and by which the age determination procedure by means of medical examination is now regulated by law. However, the Committee remains concerned at the practice of detaining children who seek asylum in the State party. Furthermore, it is concerned that the asylum seekers aged 16 and above are accommodated in adult units of reception centres and that mental health services, therapy and psychiatric care for unaccompanied minors are insufficient. The Committee recommends that the State party: (a) In light of the General Comment 6 (2005), when in doubt as to the age of an asylum seeker, give him/her the benefit of the doubt, treat him/her as a child, and introduce the possibility for asylum-seekers to appeal the outcome of the age determination; (b) Avoid accommodating the asylum seekers aged 16 and above in adult units of reception centres and provide sufficient mental health services, therapy and psychiatric care for unaccompanied minors; Ensure that detention of asylum seeking children is carried out as a last resort, for the shortest time possible, when no alternative measures can be applied. (Paragraphs 60 & 61) UN Committee against Torture (Concluding Observations, May 2011) The Committee is concerned about information regarding the frequent use of administrative detention with regard to asylum-seekers, irregular immigrants, unaccompanied or separated minors, women with children and other vulnerable persons, including those with special needs, as well as with their numbers, the frequency and the length of their detention. In addition, the Committee is concerned that the Aliens Act allows for preventive detention not for a crime already committed but if a person is suspected of the possibility of committing a crime. (arts. 11 and 16) The Committee recommends that the State party consider alternatives to the frequent detention of asylum-seekers, irregular immigrants, including minors and other vulnerable persons, and that it establish a mechanism to examine the frequent detention of such persons. It recommends to the State party to consider increasing the use of non-custodial measures, to use detention as a last resort and to ensure that administrative detention of unaccompanied children is not practiced. The Committee requests the State party to ensure that the Body of Principles for the Protection of All Persons under any Form of Detention and Imprisonment be applied to asylum-seekers in administrative detention. In addition it would appreciate receiving information on the number of asylum-seekers and irregular immigrants in detention, how frequently they are detained and the average length of their detention. (Paragraph 18) The Committee is concerned at the conditions and length of detention of asylum-seekers and irregular immigrants at the detention unit for foreigners at Metsälä and the lack of legal safeguards regarding the length of detention. It is also concerned that such persons are detained not only in the Metsälä detention centre, which has a small capacity, but also in police and border guard detention facilities which are not suitable for holding persons detained under aliens' legislation. The Committee is concerned that men and women are held together in such facilities and that children are held with adults when families with children are placed in migration-related detention and that a total of 54 children were detained in 2010 under the Aliens Act. (arts. 2 and 11) The Committee recommends that steps be taken to increase the capacity of the Metsälä detention centre or establish a new detention centre for foreigners. It also recommends that the State party review the detention, including length, of asylum-seekers, irregular immigrants and other foreigners in the Metsälä centre as well as in police and border guard detention facilities, provide them with fundamental legal safeguards and set up a complaints mechanism regarding conditions of detention, and use non-custodial measures. (Paragraph 19)