Legal framework

Until the end of the 19th century every Finn had to belong to either the Lutheran or the Orthodox Church. It was not until the Nonconformity Act of 1889 was passed that the position of other Protestant churches was made official, and that is was permitted to become a member. The Baptists and the Methodists were the first religious denominations to gain official recognition.

The new constitution of independent Finland came into effect in 1919. It included the notion of freedom of religion and strengthened the autonomy of the Lutheran Church. The constitution was built on neutral and non-confessional principles. Nevertheless, the relations between Lutheran Church and Finnish state stayed relatively intact, e.g. the president of the Republic had the right to appoint bishops until 1999.

Freedom of religion was guaranteed in 1923, when the Freedom of Religion Act granted citizens the right to found religious denominations freely and to belong to them, or to remain entirely without religious affiliation. The rights and duties of citizens did not depend on the religious denomination to which they belonged, nor on whether they belonged to any religious community at all.

Updated by Kimmo Ketola

D 25 May 2017    AKimmo Kääriäinen

The Freedom of Religion Act that came into effect in August 2003 replaced the previous Act of 1922. Freedom of religion is a constitutional right. It entails the right to profess and practise a religion, the right to express a conviction and the right to belong or not to belong to a religious community.

The rationale behind the new Act is the notion of positive freedom of religion. Religion is considered not only as the individual’s own choice but also as part of community tradition. The function of the State is to ensure freedom of religion and create the conditions for its implementation.

A minimum of 20 individuals is required to found a religious community. Religious groups can organise themselves in several ways. They can officially register either as a religious community organisation under the Freedom of Religion Act or they can organise a registered association under the Associations Act (1989). The criteria for the former are stricter, but such official recognition brings various benefits, such as the right to school religious education and the right to perform marriages. It is, furthermore, legal to conduct religious activities with no formally recognized organisation at all.

The parents/guardians determine the denomination of a child together. A child aged 15 or older may, with the parents’/guardians’ written permission, join or leave a religious community. The religious affiliation of a child who has turned 12 may be changed only with his/her consent.

Under the 1923 Act, an individual could belong to only one religious community at a time. After the new law of 2003 this provision was in effect for a three-year transitional period, i.e. until 31 July 2006. After that, the Freedom of Religion Act in no way prevents a person from simultaneously belonging to several religious communities. It will be for the religious communities to decide whether or not their members can also belong to other religious communities.

Updated by Tommi Heino

D 25 May 2017    AKimmo Kääriäinen

The Constitution emphasizes the equal treatment of individuals. Gender equality is dealt with in more detail in the Equality Acts of 1986 and 2014. They aim at preventing discrimination on the grounds of gender and promoting gender equality, especially in working life. However, they are not applicable to religious activities of religious communities. Non-religious matters, such as employment and pay, are regulated by this law.

According to the constitutional legislation, there is a certain legislative autonomy for religious communities. They have the right to organize their activities in accordance with their doctrine and confession, and make exemption e.g. from equal treatment provided they have well grounded reasons. However, objective grounds for such exemption in the doctrine and confession of the church are required, and there should be wide unanimity about that. According to these principles, the Orthodox and Catholic Churches for instance can limit priesthood to men only.

Updated by Tommi Heino

D 25 May 2017    AKimmo Kääriäinen