In addition,
members of the Committee wished to know whether legal or
other measures had been adopted to remedy the specific
violations
of the
rights of individuals
on which the Committee had cotnmentadr what was the
position of the Covenant in relation
to domestic legislation
in aase of a
conflictt
what legal remedy could be sought for alleged violations
of
articles
of the Covenant which had not been incorporated
into domestic law: how
remedies were coordinated in practice and whether all remedies were equally
available
to aliens and nationals:
what was the legal difference
between a
decree as opposed to a law ; whether the review of legislation
before the
ratification
of the European Convention on Human Rights had included
consideration
of the situation
of people deprived of their freedom; how the
independence of the judges in the Provincial
Administrative
Courts was
guaranteedr whether any changes had been considered to chapter II of the
Constitution
inasmuch as the enumerated rights appeared to be applicable
to
Finnish citizens
only; whether there were any plans to make the Committee on
International
HumanRights Issues an interministerial
bodyj what attitude
was
taken by that Committee and the Government regarding the use of development
aid to promote human rightst
and what activities
were undertaken by Finnish
non-governmental organizations
in promoting human rights.
106.
107. In his reply, the representative
said that since its establishment,
the
Committee on International
HumanRights Issues had held about 10 meetings
annually for the effective
monitorirg
of developments relating
primarily
to
the international
dimension of human rights;
all the national aspects had
simultaneously been given critical
consideration.
There were four main areas
of interest which the Committee kept under scrutiny:
the activities,
respectively,
of the United Rations, the Council of Europe and the Conference
on Security and Co-operation in Europe (CSCE), and the relationship
between
development aid and human rights.
It had held a seminar on the last topic and
planned to publish a new Finnish version of a compilation of international
human rights instruments and to o’ganize research on human rights questions
once the necessary financial
resources had been allocated.
The Committee’ had
also given its opinion on Finnish draft reports to various United Nations
bodies, such as the present report,
and had proved to be an expert body whose
opinions had been most valuable for the work of the Ministry
of Foreign
Affairs.
It was not considered necessary to create a new interministerial
committee, and cooperation between the Ministries
of Justice
and Foreign
Affairs
was considered adequate.
108. In reply to the question concerning the application
of the Covenant in a
domestic court of law, the representative
explained that the 1988 decision of
the Supreme Administrative
Court had concerned the cancellation
of a passport,
a matter which at that time had been regulated by government; decree only, not
by law, The court had argued that there was no conflict
of norms in the case
because the restrictions
set forth in article
12 of the Covenant were
applicable.
The basic attitude
of the judiciary
and the courts of law was
becoming increasingly
ftlvourable
to making the Covenant directly
applicable,
but the question was still
under discussion.
Referring to the question on the
Parliamentary
Ombudsman,he stated that the Ombudsmandid not normally refer
to international
human rights standard6 if there was an equivalent
provision
in Finnish law. He did occasionally
cite international
instruments in order
to promote grsater awareness of their provisions.
For example, the Qnbudsman
had in the past made references to the rights of non-citizens
and of persons
deprived of their liberty
as well as to the independence of judges, as
contained in various articles
of the Covenant.
No suits had been filed under
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