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Countries: Finland
The Constitution of Finland (1999)
Chapter 2 – Basic rights and liberties
Section 2 - Equality
“No one shall, without an acceptable reason, be
treated differently from other persons on the ground of sex,
age, origin, language, religion, conviction, opinion, health,
disability or other reason that concerns his or her person”
The Basic Education Law (1998)
Related to integration this law (17 §) says that “Pupil,
who has slight learning or adaptation problems, has right
to have special education integrated to mainstream education.
... if a pupil can not be taught normally due to a disability,
disease, delay in development or a disorder in emotional life
or for some other reason, she/he should be given special education.
S.E. has to be organised integrated to normal teaching or
otherwise in a special class or other place convenient for
the purpose."
The Basic Education Law gives some clear obligations to municipalities.
Here is a short extract from those concerning support:
(3 §) “The teaching has to be
organized according to pupils age-level and abilities. In
teaching there has to be co-operation with families.”
The statute of this law (15 §) adds, that "before
a pupil is moved to special education there has to be negotiations
with family" and some (medic/psychol..) investigations
as well.
(30 §) “A pupil has a right during
schooldays to get teaching according to curriculum and educational
counselling as well.”
(31 §) “Teaching and all the
books, tools, materials and other stuff needed in education
are free for a pupil. A pupil with disability or in need with
other special support has in addition to this a right to get
the services that make it possible to participate in the education
free of charge. These services are: interpretation and transportation
services, other teaching and pupil care services, special
helping aids and the services that will be organized according
to paragraph 39.”
(39 §) Taking care of the supportive
tasks of special education "The ministry involved can
decide, that the organizer of education has to take care ...
... of rehabilitation given associated with special education
and developmental- , instructive- and supportive tasks that
are connected with special education" (In practise this
means at the moment, that there are three special schools
in the country, where pupils get accommodation, conditioning
etc services that the state pays (the school applies and the
Ministry decides).
Even if there is this “Basic Education Law”, quite
few parents use this right to get their child into integrated
settings. It is possible, that the law is not very well-known
by the parents.
This legislation is not too effective, most of pupils with
a disability are still in segregrated settings. Pupils with
mental retardation are practically all in segregated settings,
even though their special class is often in the same building
or area with mainstream classes (“physical integration”).
Pupils with a physical disability are more often integrated
and pupils with sensory disability (visual/auditive) are quite
often integrated. There are no exact numbers available.
Children in integrated settings have the right to additional
services in order to make the education free of charge like
interpretation or transportation services, teaching and pupil
services, helping aids, ...
According to the law, Physical Education is compulsory for
all children. Pupils in integrated settings should be integrated
in PE classes as well. There are no figures available on integration
in PE. In practice, integration is dependent on decisions
of single schools.
To the authors perception, integrated PE is developing positively
with the improved basic education and in-service training
of PE teachers.
Inclusion in Sports and Physical Activity
The Sports Act (1999)
1 § The purpose of the law
... “In addition ... the purpose of the law is –
by means of physical activity - to promote equality and tolerance
and to support the diversity of cultures and sustainable use
of the environment.”
2 § Responsibilities and obligations
to co-operation...
“The municipality is responsible for creating the necessary
conditions for physical activities of the residents ... also
taking the special populations (the disabled) into consideration.”
4 § National Sports Council
“As an expert organ of the ministry – in the tasks
in accordance with this law - acts the National Sports Council.
The National Sports Council is appointed by the Government
for the parliamentary term (4 years). The National Sports
Council has three subcommittees for sports policy, adapted
physical activity, and sport science ...”
The Sports Act has had a big effect on the organisation sports
in municipalities, especially the organisation of recreational
physical activities. For competitive or elite sports there
is no specific legislation.
Act on the services and support for the disabled and people
with special needs (1987)
7 § Developing of the services
... “The municipalities have to take care, that the
public services are suitable also for the disabled”
Employment of youngsters with a disability
Employment Contracts Act 2001
2.2 § Prohibition of Discrimination
and Equal Treatment
…”The employer shall not exercise any unjustified
discrimination against employees on the basis of age, health,
disability, national or ethnic origin, nationality, sexual
orientation, language, religion, opinion, belief, family ties,
trade union activity, political activity or any other comparable
circumstance. Provisions on the prohibition of discrimination
based on gender are laid down in the act on Equality between
Women and Men (609/1986).”
There is a financial support system available for employers
that engage employees
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