Children's Access to Justice for Environmental Rights | Finland

This report looks at whether the laws and policies in Finland make it possible for children to access their environmental rights.

In Finland, the environmental fundamental rights provisions create a constitutional mandate. There is also a binding obligation for public authorities to develop environmental legislation in such a way that a healthy environment, and people’s opportunities to influence decision making regarding their own living environment, are secured and developed through active measures of public authority. Although the constitutional right to the environment is not systematically used by courts, the Supreme Administrative Court's rulings have steadily emphasised the development of participatory rights in environmental matters. While the concept of intergenerational equity has not been directly mentioned in court cases, the ‘Constitutional Law Committee’ has stated that the “responsibility for the environment” stated in the Constitution is strongly linked to the rights of the future generations and the intrinsic value of nature.

The importance of a chemical-safe environment and of limiting exposure, especially to protect the health of children and young people is recognised in the ongoing National Chemicals Programme (2022–2035). Further, it considers families with children and young people a target of communication by public authorities on issues relevant to chemical safety. A specific act applies to work performed by persons under 18 years of age, providing protection against hazardous work.

Although there are no restrictions against children engaging in peaceful assembly, children must be at least 15 years old to organise one. Children’s unauthorised absences from school may lead to certain consequences, such as the notification of one’s parents. However, on the occasion of the strikes held as part of the Friday's For Future movement in 2019, the instructions varied depending on the municipality and/or the school and, in some instances, for example, it was interpreted that the strike did not apply to elementary school students, who were invited to take alternative initiatives/actions. 

Finland has recognised that sufficient participatory rights must also be secured, including access to information and access to court. The consultation of children and young people in Finland is common-place and is explicitly included as a guiding principle in the Constitution. The reform of the Climate Act (423/2022) included a consultation process in which children, young people and Sámi people were selected as a target group for consultation because they are the ones that will face the impacts of climate change most strongly in the long-term.

The Finnish National Agency for Education launched the ‘Sustainable Future’ website, which provides information and support on the various dimensions of sustainability, and how to carry out their training activities for guidance and professionals in education and training, from primary schools to secondary education. The Finnish National Agency of Education also advocates for ‘Sustainability of the Learning Environment’ which includes making the practice of sustainable development a natural part of the entire educational institution and the education and learning environment.

This report was published in August 2023 and developed with the support of Professor Niina Mäntylä from the University of Vaasa as well as finalised based on any feedback from the State. To learn more read the full report below, and please get in touch if this information was useful and you want to talk more.