The Ombudsman for Minorities
What is ethnic discrimination?
Ethnic discrimination is unequal treatment of people based on the fact that they belong to a certain ethnic or national group. Ethnic discrimination can also involve placing a person in a different position on the basis of religion, skin colour or nationality. In addition to unequal treatment, discrimination is the creation of an intimidating, hostile, humiliating or offensive environment, and the instruction or order to discriminate.
However, the provisions that apply to the entry into and residence in the country or the different position of a foreigner for a reason deriving from their legal position under the law do not constitute discrimination. In other words, for example, the denial of a residence permit is not discrimination.
In accordance with the Non-Discrimination Act, discrimination is:
direct discrimination, (the treatment of a person less favourably than the way another person is treated, has been treated and would be treated in a comparable situation. Examples of direct discrimination include a person being refused service at a restaurant because of their ethnic origin.)
indirect discrimination, (that an apparently neutral provision, criterion or practice puts a person at a particular disadvantage compared with other persons, unless the provision, criterion or practice has an acceptable aim. Examples of indirect discrimination include requiring perfect fluency in Finnish as a condition for being hired for a job although this is not necessary for the performance of the work.)
harassment, (the deliberate or de facto infringement of the dignity and integrity of a person or group of people by the creation of an intimidating, hostile, degrading, humiliating or offensive environment. The Act prohibits both deliberate harassment as well as actions with offensive consequences.)
an instruction or order to discriminate (nobody can be ordered to act in a discriminatory manner).
Poor service cannot necessarily be regarded as discrimination.
Negative or inappropriate measures towards an immigrant or a member of ethnic minority are not necessarily regarded as discrimination under the Act, either. The condition for ethnic discrimination is that the person has been treated less favourably than others expressly on the basis of their ethnic origin. Therefore impolite, inappropriate or slow service by a service provider or public authority does not constitute discrimination even in cases where it is directed at a member of an ethnic minority – unless the reason behind such impolite, inappropriate or slow service is the customer’s ethnic origin.
However, behaviour that is offensive or disturbing to another person can be punished as a crime under the Penal Code as, for example, defamation. Public defamation or insulting of a national group may also be punishable as ethnic agitation.