The Constitution guarantees children equitable treatment as individuals and gives them the right to influence, to the degree that their level of development permits, matters that concern them.

The UN Convention on the Rights of the Child is another important document in this respect. It contains provisions concerning children's social, economic, cultural and societal rights. It prohibits discrimination and exploitation. It requires that the interest of the child be taken into consideration and prioritised in all official decisions with a bearing on children either as individuals or collectively.

States must report to the UN Children's Rights Committee on how the rights of children are being implemented in their jurisdictions. It was adopted in 1989 and came into force in Finland in 1991.

An area of emphasis in the Ombudsman's work

Children's rights have been one of the areas of special emphasis in the Ombudsman's oversight since 1998.

In accordance with a wish expressed by the Eduskunta, the Ombudsman oversees the legality of actions taken by the authorities in children's affairs. In his work of overseeing legality, the Ombudsman takes children's rights into consideration when assessing all official actions with effects on children.

Protection of children and social services

Children's rights most often arise in the sectors of child protection and social services.

The complaints received by the Ombudsman often relate to disputes between parents over custody of children and visitation rights or to measures taken by the child welfare authorities.

Children's rights are also the subject of complaints concerning procedures followed by the health care and education authorities,  the police and courts.

Investigations and studies

The Ombudsman also carries out investigations on his own initiative into how children's rights are being implemented in the actions of various authorities.

In 2000, for example, the Ombudsman Paunio examined how the rights of refugee children arriving unaccompanied in Finland were being implemented. Other focuses of investigation have included psychiatric care for children.

The most extensive study in 2002 focused on how the fundamental rights of children placed in State residential schools were being implemented. The Ombudsman conducted on-site inspections in all State residential schools and evaluated their practices.

In 2002 Paunio also studied services intended to prevent court cases arising between parents over custody and visitation rights.

On-site inspections

In the course of his on-site inspections the Ombudsman has traditionally paid special attention to the conditions under which children live in institutions.

The family affairs conciliation services organised and overseen by municipalities, conciliation in relation to custody and visitation rights and the implementation of these rights are likewise a focus of inspections. Also, inspections are carried out to determine what possibilities municipalities have of arranging supervised meetings with children. 

The Ombudsman has also examined how measures by the authorities can prevent children being subjected to violence in their families.