Tackling discrimination
The task of the Non-Discrimination Ombudsman is to advance equality and to prevent and tackle discrimination. The Non-Discrimination Ombudsman’s duty is to assess and ensure that people’s rights and the legal protection of individuals are realised as equally as possible. The duties and rights of the Ombudsman are provided for in the Non-Discrimination Act and the Act on the Non-Discrimination Ombudsman.
The Non-Discrimination Ombudsman handles contacts related to discrimination based on all grounds for discrimination in accordance with the Non-discrimination Act. You may refer to the Non-Discrimination Ombudsman if you have experienced or observed discrimination on the basis of age, origin, nationality, language, religion, belief, opinion, political activity, trade union activity, family relationships, state of health, disability, sexual orientation or other personal characteristics. Read more on our page: grounds for discrimination.
Discrimination related to gender, gender identity or gender expression belongs to the domain of the Ombudsman for Equality. The Non-Discrimination Act applies to multiple discrimination, also when gender is one of the grounds for discrimination.
Many ways of tackling discrimination and promoting equality
Under the Non-Discrimination Act, the Ombudsman has many different ways to tackle discrimination and promote equality. In practice the work of the Ombudsman involves counselling, investigating individual cases, promoting conciliation between the parties, providing training, gathering information, as well as influencing legislation and the practices of the authorities. The Ombudsman can also bring an individual case concerning discrimination to the National Non-Discrimination and Equality Tribunal or a court of law to be resolved. The Ombudsman cooperates often with stakeholders and does advocacy work to promote equality and respond to and prevent discrimination.
When an individual person files a complaint with the Ombudsman, the Ombudsman has broad discretionary powers to decide what kind of measures will be taken. At its easiest, the situation may be resolved via e-mail or telephone. Usually the Ombudsman starts to investigate the case if there is a clear reason to suspect discrimination that is in violation of the Non-discrimination Act based on the complaint.
You can read about the operating methods of the Non-discrimination Ombudsman below in more detail.
Majority of the legal assistance provided by the Ombudsman consists of guidance. You can contact the Non-Discrimination Ombudsman in writing by filling our complaint form, by e-mail or letter. We also give advice on the phone and in chat. You can read more on our page customer service.
In order to resolve an individual issue, the Non-Discrimination Ombudsman can send a request for information to the parties involved. The request for information may include, for instance, a request for a report on a discrimination case and the general practices of the party. According to law, the Ombudsman has the right to receive a report on matters necessary for the completion of the Ombudsman’s duties, notwithstanding secrecy provisions.
The Non-discrimination Ombudsman does not have mandate to issue a legally binding decision. However, the Ombudsman can issue a reasoned opinion in individual cases in order to stop the discrimination and prevent it from happening again. For example, opinion may inform the party suspected of discrimination that an assumption of discrimination has been created in the case and suggest measures to correct the situation. An opinion by the Ombudsman or addressing the discrimination in other ways often both advances the ending of discrimination and encourages the party guilty of discrimination to promote equality in its actions.
In order to resolve the matter, the Non-Discrimination Ombudsman can also carry out an inspection. The inspection can be carried out on the premises of an authority, education provider or educational institution, or the provider of goods and services.
The Ombudsman can promote a reconciliation between the victim of discrimination and the party guilty of discrimination. The relevant provisions can be found in the Non-discrimination Act. The Non-discrimination Ombudsman will only promote reconciliation if it is clear that discrimination has occurred and both parties are willing to find an amicable solution in the matter.
Settlement agreements drawn up by the Ombudsman usually include an apology from the party that admitted to discrimination, as well as a monetary compensation determined on a case-by-case basis in accordance with the Non-discrimination Act. In the agreement, the party admitting to discrimination is usually also required to commit to stop the procedures that led to the incident and to various equality promotion measures, such as updating the equality promotion plan and drawing up instructions for employees in order to take equality and the prohibition of discrimination into account.
The Non-discrimination Ombudsman can also bring the matter to the National Non-Discrimination and Equality Tribunal for resolution. Unlike the Non-discrimination Ombudsman, the Tribunal can issue a legally binding decision and prohibit the party from repeating or continuing the discrimination with a notice of a conditional fine.
The Ombudsman usually brings to the Tribunal cases, in which the Ombudsman believes the decision of the Tribunal to be especially important for the legal protection of an individual, or in matters important for developing the interpretation of the Non-discrimination Act. If necessary, the Non-discrimination Ombudsman also advises those contacting the Ombudsman to bring their case to the National Non-Discrimination and Equality Tribunal themselves.
The Non-Discrimination Ombudsman can assist victims of discrimination in court proceedings in the case at the Ombudsman’s discretion. However, acting as a legal adviser is exceptional, and as a rule, it is only done in cases that have significance in principle with regard to the interpretation of the Non-discrimination Act and the prohibition of discrimination.
One of the duties of the Non-discrimination Ombudsman is to monitor equality promotion planning. When processing complaints, the Ombudsman pays attention to the way the party suspected of discrimination manages its possible obligations to promote equality. The Ombudsman asks for equality promotion plans in connection with the processing of complaints from parties with an obligation to promote equality: authorities, educational institutions and education providers. The occupational safety and health authorities of Regional State Administrative Agencies monitor the employer’s equality promotion plans.
If the Non-discrimination Ombudsman discovers discriminatory practices in a certain field, the Ombudsman can give general recommendations to prevent discrimination and promote equality, if necessary.
When a court of law considers a case involving the application of the Non-discrimination Act, the court must reserve the Ombudsman the opportunity to be heard. Statements given to courts of law are often related to the interpretation of the non-discrimination legislation. With the statements, the Ombudsman aims to influence not only the specific legal case, but also the promotion of equality in a broader context. The prosecutor must also reserve the Ombudsman the opportunity to be heard when the case involves a discrimination offence in accordance with the Criminal Code.
The Non-discrimination Ombudsman does advocacy work as an expert by issuing statements for bill drafting and action plans, among other things. The statements of the Non-discrimination Ombudsman can be found here: link
The Ombudsman draws up, commissions and publishes reports and makes initiatives. The Non-discrimination Ombudsman also gathers information on discrimination by compiling statistics on contacts received by the Ombudsman.
The Non-discrimination Ombudsman submits a report to the Government annually. In addition, the Ombudsman must submit a report to the Parliament on the realisation of equality every four years.
All publications are on our publications site.
In addition to the promotion of equality in individual cases as well as statements, reports and work with stakeholders, the Ombudsman does other types of advocacy work.
The Ombudsman supports the development of equality by various parties, such as other authorities. The Non-discrimination Ombudsman also discusses topical questions with other supervisory authorities as needed.
In addition, the Ombudsman aims to respond to discrimination and promote equality through strategic communications and by participating in discourse in the society. Among other things, the Ombudsman grants expert interviews, publishes press releases and blog posts and is actively involved in social media.
What the Non-discrimination Ombudsman cannot do
- The Non-Discrimination Ombudsman cannot order another authority to perform a certain action or to make a certain decision.
- The Ombudsman cannot amend a decision made by another authority.
- The Non-discrimination Ombudsman cannot issue a legally binding decision.
- Filing a complaint with the Ombudsman does not replace other rectification or appeal procedures that may be available in the case. For example, if a negative decision can be appealed, it should be done within the deadline.
- As a rule, the Non-discrimination Ombudsman does not process issues that are pending elsewhere.