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Basic conceptions of Women's Law in Finland
April 1997 (english, french)
Anu Pylkkänen and Kevät Nousiainen (Helsinki University)
E-Mail : anu.pylkkanen@helsinki.fi
& kevat.nousiainen@helsinki.fi
Gender
Gender is a principle whereby people are categorised into two groups which are hierarchically ranked with men in the topmost position. Gender differences are produced and reproduced in cultural practices and in the production of knowledge. According to recent feminist theory, our understandings of female biology are also culturally constructed, so that there actually is no distinction between conceptions of "natural" sex and "cultural" gender. In the Nordic countries, "gender" is nowadays understood more as a relation between men and women and less as an essentialist, ontological conception. Thus feminist studies aim at analysing the varying ways in which gender is culturally constructed.
Citizenship
In the Nordic countries and especially in Finland, women were integrated into the concept of citizenship at a relatively early date. Their political rights date back to the beginning of this century being concurrent with a general democratisation process. On the other hand, feminist scholars talk about a concept of double or dual citizenship: women were understood to earn their citizenship as mothers. Their actual input in Parliament, or in the civil service was made in home-related and social security issues. Unlike many other countries, this did not, however, mean a deepening public/private polarisation but a stronger integration of women and women's (families') interests in the early welfare state and creation of parallel working roles for men and women.
State
In the Nordic countries, especially in Finland and Norway, state and civil society are superimposed. In addition, the family and intimate sphere are weakly developed, so that the public/private distinction is less clear than in other European countries. The Scandinavian welfare state originated in the agrarian society, and social rights/social citizenship are of significant importance in the Scandinavian political discourse. Both individual social security and services are provided on a large scale irrespective of people's family status. There is strong support for the welfare state which is expected to anticipate and provide for the needs of the people.
Equality
The basic principle of the liberal rule of law, equality irrespective of social status (age, gender, race, ethnic origin...), has been the guiding principle of Scandinavian legal systems since the late l9th century. On the other hand, not just equality of opportunities, but equality of outcome has been adopted as the leading principle in the more recent welfare policies and social rights discourse. The definition of gender equality has nevertheless been relatively restricted. Although positive action is possible, it has not been used to any great extent.
