The right to health care is universal – the Non-Discrimination Ombudsman promoted reconciliation in two cases of discrimination in health care

The Constitution of Finland and international human rights conventions guarantee an equal right to health care and everyone’s right to the best state of health possible. The Non-Discrimination Ombudsman has promoted reconciliation in two cases in which people were discriminated against when seeking medical care.

The cases concern a child’s right to urgent medical care outside the wellbeing services county of their municipality of residence and the right of an undocumented person to non-urgent essential care in public health care.

Both cases involve violations of the statutory right to health care. Such violations may constitute discrimination if they lead to less favourable treatment and are related to one of the grounds for discrimination referred to in the Non-Discrimination Act. It is also essential that no acceptable and proportionate justification can be demonstrated for the treatment.

Victims of discrimination are entitled to compensation under the Non-Discrimination Act. This compensation is separate from damages based on tangible or intangible losses.

Urgent medical care must be provided regardless of the patient’s place of residence

The Non-Discrimination Ombudsman promoted reconciliation in a matter concerning a child’s right to urgent medical care outside the wellbeing services county of their municipality of residence.

A child from another municipality was refused treatment by the public health care services. A well-being centre directed the child’s family to seek private health care instead of going to the emergency department of the region's central hospital.

According to the Health Care Act, urgent medical care must be provided to patients regardless of their place of residence.

The Non-Discrimination Ombudsman found that the case gave rise to a presumption of discrimination based on other personal characteristics, i.e. their place of residence. The Ombudsman found that the wellbeing services county had discriminated against the child by the instructions issued by the staff and the shortcomings in them. The actions of the staff contradicted the wellbeing services county’s instructions, which are appropriate and non-discriminatory.

The Non-Discrimination Ombudsman promoted reconciliation between the parties in the case. The wellbeing services county apologised for the incident and committed to paying a compensation of EUR 1,500 to the victim of discrimination.

Undocumented people have the right to essential non-urgent care

The Non-Discrimination Ombudsman issued a reasoned opinion and promoted reconciliation in a case in which an undocumented person was refused treatment in public health care.

A person who had sought public health care was told that they would only be entitled to urgent care. They were repeatedly directed to seek private health care services. This treatment delayed the progress of the person's non-urgent essential care and left it to the patient’s own initiative and external assistance.

According to the Act on Organising Social Welfare and Health Care, all undocumented adults residing in a region have the right not only to urgent care but also to non-urgent essential care.

Undocumented people are a particularly vulnerable population group. According to the Finnish Institute for Health and Welfare, their living conditions are hampered by factors such as illnesses, inadequate health care and housing conditions, and poverty.

There is currently no law in force in Finland that would allow undocumented persons to be treated less favourably than other persons entitled to non-urgent essential care. The law specifically requires equal treatment in this respect. A government proposal that would restrict the right of undocumented people to health care is currently being discussed by Parliament.  The Non-Discrimination Ombudsman recommends that the wellbeing services counties continue to provide necessary health services for undocumented people.

The Non-Discrimination Ombudsman promoted reconciliation between the parties in the case. The Ombudsman considered that being undocumented was an “other personal characteristic” listed as grounds for discrimination in the Non-Discrimination Act. The wellbeing services county explained the incident by incorrect practices due to the ignorance of personnel. The Ombudsman found that this argument did not rebut the presumption of discrimination.

The wellbeing services county committed to paying EUR 1,500 as compensation under the Non-Discrimination Act to the person who had been discriminated against.

08.07.2025