Parents' Responsibility: What Child Rights mean for Parents in Finland?

Finland ratified the UN Convention on the Rights of the Child in 1991, which provides an umbrella of protection and social security for children under 18 years of age. Here are the highlights:

1. Right to education

In Finland, under the Compulsory Education Act (Oppivelvollisuuslaki (1214/2020) ), children have the right to free compulsory education for up to 18 years. It includes basic education, high school, or vocational education. It can also include preparatory education for degree education, or work, and independent living. Parents or guardians must ensure that the young person completes compulsory education, or they could face a fine for failure in supervising education.

In Finland, children can access positive, inclusive services, such as extra educational support, if deemed necessary to maintain school attendance and learning. The renewed Basic Education Law (1090/2024) emphasises the right to adequate learning support and to maintain school attendance throughout basic education.

2. Right to care

Finnish law provides that parents/guardians have the legal responsibility to ensure well-being, healthcare, upbringing, and to make everyday decisions for children. In practical terms, it means a lot more than providing the basic needs, such as providing a shelter, clothing, food, and education. Parents should also contribute to a child’s right to establish and maintain a positive relationship with both parents, even if they may not live in the same household. In the case of families after divorce, the right to custody (lasten huolto) and visitation rights (taapamisoikeus) to children also come into question. Under the Child Custody and Visitation Rights Act(Lasten huollosta ja tapaamisoikeudesta 361/1983), guardians have a duty in the practical care of the child, decision-making in matters concerning the child, and representing the child in matters concerning the child.

The custody responsibility of children can be of many forms, depending on the circumstances. For instance, it could be joint custody or sole custody, or a non-parent caretaker, based on agreement between parents or through a court decision. There can be agreements to provide proper housing and maintenance. The parent with whom the child lives is the primary caretaker. If the district court decides on child custody matters, the court pays attention to many factors, such as whether the parents are able to decide together for the child’s welfare.

3. Right to a safe childhood

Every child deserves a loving and safe childhood. In Finland, parents/ guardians are expected to provide a safe home. Physical or emotional violence against children is strictly prohibited and can be considered an assault crime depending on the severity of the situation. Harmful traditional practices such as honour-based violence and female genital mutilation against children are criminal offenses under Finnish law.

Parents can set boundaries for discipline and safety, but beating children, name-calling, threatening, emotional blackmail, etc, are considered violence on children. Child disciplining based on physical or emotional violence against children is child abuse. For instance, leaving a child under 12 years old for long periods at home alone, elder kids cooking and taking care of younger kids in the absence of parents frequently, unexplained absences at school, etc, would amount to neglect depending on the individual case. Parents should also remember that teenagers have the right to be themselves and can define their sexual orientation, gender identity, and expression, and behave within the Finnish societal common rules. Children should feel safe, accepted, and not be discriminated against.

4. Intervention by Child Protection Services in Finland

As stated above, the primary responsibility for ensuring a child’s welfare is with parents and guardians. The Child Welfare authorities intervene in family matters only when the children’s welfare or safety cannot be otherwise safeguarded. Child Protection Services is a support mechanism with a legal duty to support the parents in fulfilling their parental responsibilities when parents are not in a position to act as legal guardians.

The Child Welfare Act (Lastensuojelulaki (417/2007) provides for the intervention and preventive child welfare measures to ensure the well-being and welfare of children and young people. For instance, the child welfare services can intervene and take children into care when there are deficiencies in the childcare or the child’s life is under threat.

The child protection services can be contacted primarily when there is neglect, abandonment, or violence against children. Also, child protection is required if parents are not in a position to raise children due to reasons such as drug use, mental incapacity, or prolonged serious health issues. Deficiencies in care, such as prolonged absence from school, can also evoke grounds for reporting. Similarly, if children have mental health issues or substance abuse, the child protection services also work with parents to de-escalate situations.

Taking a child into care is a last resort. The decision to take care is to be made by the chief social welfare officer. Under the Child Welfare Act 44 §, if a child above 12 years or a guardian objects to custody, the Administrative Court must issue a decision on the matter. Children also have the opportunity to be heard in all matters concerning them.

In all such decisions and actions concerning an individual child, the best interests are assessed on a case-by-case basis. Considering the best interest in individual cases does not mean only the child’s wishes. The child’s age, the prevailing circumstances of the family, the ability of the parents to take care of the child, the child’s health and behaviour, cultural backgrounds, and the nature of the issues are factors involved in the decision.

If there are circumstances related to intervention in child care and custody, it is good practice to involve legal practitioners to ensure fairness, protection of rights, and the child’s best interests.

Induja Mony

Lawyer,

Lakiasiaintoimisto Jeslor | Law Firm