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Non-discrimination Act

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Section 19

Tasks and powers of the Non-Discrimination Ombudsman

(1) The Non-Discrimination Ombudsman may within the scope of application of this Act:

1) provide assistance to the victims of discrimination in pursuing their complaints concerning discrimination;

2) assist in the planning of the promotional measures referred to in sections 5–7;

3) give general recommendations to prevent discrimination and to promote equality;

4) take action to reconcile a matter pertaining to compliance with this Act.

(2) The Ombudsman may, in individual cases, issue a reasoned opinion to prevent actions contrary to this Act, or to prevent continuation or repetition thereof, unless the matter pertains to the supervision of the Occupational Safety and Health Authority, or concerns the interpretation of a collective agreement or a collective agreement for central government.

(3) The provisions of the Non-Discrimination Ombudsman's other tasks related to the promotion of equality and the prevention of discrimination are laid down in the Act on the NonDiscrimination Ombudsman (1326/2014).

 

Section 20

Tasks and powers of the National Non-Discrimination and Equality Tribunal

(1) The National Non-Discrimination and Equality Tribunal confirms the reconciliation between the parties in matters concerning discrimination or victimisation, unless the reconciliation is contrary to law or clearly unreasonable or infringes upon a rights of a third party. Reconciliation confirmed by the Tribunal shall be enforced similarly as a legally valid judgment.

(2) The National Non-Discrimination and Equality Tribunal may, on request of a court, the NonDiscrimination Ombudsman or other authority or community promoting equality, issue a statement on a matter significant for the interpretation of this Act, unless the matter pertains to the powers of the Occupational Safety and Health Authority or concerns the interpretation of a collective agreement or a collective agreement for central government. Provisions on the right of the Occupational Safety and Health Authority to request a statement from the Tribunal are laid down in section 22.

(3) The National Non-Discrimination and Equality Tribunal may, in other matters than those pertaining to the authority of the Occupational Safety and Health Authority pursuant to section 22, forbid the party in question from continuing or repeating the discrimination or victimisation, or order the person to take action within a reasonable time to fulfil the obligations provided for in this Act. The Tribunal may impose a conditional fine to enhance its prohibition or order.

 

Section 21

Bringing the matter for handling by the National Non-Discrimination and Equality Tribunal

(1) The parties to the reconciliation together, or the Non-Discrimination Ombudsman with the consent of the parties, may seek confirmation of reconciliation from the National NonDiscrimination and Equality Tribunal in a matter relating to actions contrary to the prohibition of discrimination or victimisation.

(2) The person who considers that they have been discriminated against or victimised may bring a matter concerning discrimination or victimisation to be handled by the National NonDiscrimination and Equality Tribunal for measures provided for in section 20(3). The NonDiscrimination Ombudsman or a community fostering equality may also bring such a matter to be handled by the Tribunal, with the consent of the injured party referred to above.

(3) The Non-Discrimination Ombudsman may bring a matter concerning neglect of planning obligations provided for in sections 5 and 6 to be handled by the National Non-Discrimination and Equality Tribunal for measures provided for in section 20(3).

(4) Provisions on the handling of the matter in the National Non-Discrimination and Equality Tribunal are laid down in the Act on the National Non-Discrimination and Equality Tribunal of Finland (1327/2014).

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Section 27

Hearing of the Non-Discrimination Ombudsman

A court must, in a matter handled by it concerning the application of this Act, reserve an opportunity for the Non-Discrimination Ombudsman to be heard insofar as the matter pertains to the authority of the Ombudsman. The prosecutor must reserve an opportunity for the Ombudsman to be heard prior to bringing charges for an offence referred to in chapter 11, section 11 of the Criminal Code.

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