4.2 National legal framework
Finland is a party to a number of international and regional treaties relating to prevention and reduction
of statelessness. Finland acceded to the most significant one of these in 2008, the 1961 Convention. The
Convention was ratified without reservations and at the time of the accession, no amendments to the
Nationality Act or other national legislation were deemed necessary, as the authorities considered them to
be in compliance with the Convention already.159
In 2008, Finland also became a party to the European Convention on Nationality.160 Finland made two
reservations to the Convention, in respect of Article 21 and Article 22.161 Finland is not party to the 2006
European Convention on the Avoidance of Statelessness in Relation to State Succession. Finland ratified the
CRC in 1991,162 the CEDAW in 1986,163 the ICCPR in 1976,164 and the ECHR in 1989.165
The most important national legal instruments concerning the prevention and reduction of statelessness are
the Constitution and the Nationality Act. The acquisition of Finnish nationality is regulated in the Nationality
Act. It is to a large extent based on the principle of jus sanguinis, complemented by a few provisions reflecting
the principle of jus soli.
4.3 Acquisition and loss of nationality
under the national legal framework and the
compatibility with international standards
4.3.1 Avoidance of statelessness at birth
4.3.1.1 BIRTH ON THE STATE’S TERRITORY
Acquisition of Finnish nationality at birth is regulated in Section 9 of the Nationality Act. The Finnish
nationality is always automatically acquired at birth from a Finnish mother. The Finnish nationality is also
automatically acquired at birth from a Finnish father if the father is married to the (non-Finnish) mother of
the child or if the child is born in Finland (to a non-Finnish mother) and the man’s paternity of the child is
established. The Finnish nationality is also acquired from the father if the father has died but at the time of
his death was a Finnish national and married to the (non-Finnish) mother of the child or if the child was born
in Finland (to a non-Finnish mother) and the man’s paternity of the child is established.
46
159
FTS 96-97/2008.
160
FTS 93-94/2008.
161
FTS 95/2008. With regard to Article 22, paragraph 3, sub-paragraph g, Finland made a reservation to the effect that the obligations
based on Article 21 are not binding on Finland when, by virtue of the Conscription Act, units are called up for extra service, which
means service in serious disruptive situations under normal conditions or in exceptional circumstances with the aim of raising and
maintaining the defence preparedness and training formations in their pre-planned composition, so that the unit may be called
up for service during service times of mobilization. In respect of Article 22, sub-paragraph a according to which persons who have
been exempted from military service in relation to one State Party shall not be deemed to have performed their military service in
Finland. A person may, however, be exempted from military service under section 74 or 76 of the Conscription Act.
162
FTS 60/1991.
163
FTS 68/1986.
164
FTS 7-8/1976.
165
FTS 18/1990.
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