Finland
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Since 1919, when Finland adopted its first constitution as an independent State, the jus sanguinis tradition for
acquisition of nationality has remained dominant in law.
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The Nationality Act and Nationality Decree of 1968 contained a safeguard that allowed for children born in
Finland who would otherwise be stateless to acquire Finnish nationality automatically.
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The 2000 Constitution made the prevention of statelessness a constitutional principle.
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The Nationality Act of 2003 established a statelessness determination procedure and granted nationality
automatically to foundlings and children born in Finland to parents of unknown nationality.
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An effective nationality determination procedure ensures that stateless children and children of unknown
nationality are confirmed to hold Finnish nationality.
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The Finnish Immigration Service is responsible for citizenship matters and for improving the consistency of
information regarding nationality in the different registries maintained by the authorities.
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The Supreme Administrative Court, Finland’s highest Administrative Court, has heard a number of cases that
relate to statelessness among children born in Finland. It has consistently delivered judgements that favour
an interpretation of nationality law that prevents statelessness among children.
The first Constitution of independent Finland in 1919 established citizenship based on descent, and this jus
sanguinis tradition has remained dominant since that time.37 Following the promulgation of laws dealing with
nationality in the 1920s and in 1941, a new comprehensive Nationality Act and a Nationality Decree were
adopted in 1968, with the constitutional provisions amended at the same time.38
In an important provision for the prevention of statelessness among children, the new Act stipulated that all
children born in Finland who would otherwise be stateless would automatically acquire Finnish nationality at
birth, in line with the 1961 Convention on the Reduction of Statelessness (even though Finland had not at this
time acceded to the treaty). Amendments to the Act adopted in 1984 provided that a woman could transmit
nationality to her child in all circumstances, added a provision on the nationality of adopted children, and
created protections against statelessness in case of loss of nationality.39
A new Constitution adopted in 2000 established the framework for acquisition of nationality and elevated the
prevention of statelessness to a constitutional principle: Section 5 provides that voluntary or involuntary loss
of nationality is possible only if the person concerned is in possession of or will be granted the nationality of
another State. A new Nationality Act was passed in 2003 (2003 Act) and remains in force.40 The Act preserved
much of the existing framework. It also introduced for the first time full acceptance of multiple citizenship
and, crucially for the prevention of statelessness, established a procedure for the determination of citizenship
37
This section is based especially on UNHCR, Mapping Statelessness in Finland, November 2014, and Jessica Fagerlund and Sampo Brander, EUDO
Citizenship Observatory Country Report: Finland, revised and updated January 2013.
38
Kansalaisuuslaki, 401/1968; Kansalaisuusasetus, 402/1968.
39
Act amending the Nationality Act, Laki kansalaisuuslain muuttamisesta, 584/1984.
40
Kansalaisuuslaki, 359/2003. In Finnish the same word, kansalaisuus is used to translate both “nationality” and “citizenship” and both words
are used in the English translation used by the Ministry of the Interior. The name of the 2003 Act is translated as the Nationality Act. Several
amendments have been made to the 2003 Act since its adoption.
10
CAMPAIGN TO END STATELESSNESS WITHIN 10 YE ARS