Perusoikeuksien ja rajoitustoimenpiteiden välinen jännite lastensuojelulaitoksissa: historiallinen ja oikeudellinen tarkastelu
Avainsanat:
lastensuojelu, lapsen oikeudet, perusoikeuksien rajoitusedellytykset, rajoitustoimenpide, perusoikeudetAbstrakti
The tension between fundamental rights and restrictive measures in residential care for children: a historical and legal analysis
This article explores the evolving relationship between child protection, children’s fundamental rights, and the legal framework governing restrictive measures in institutional care. Child protection represents the state’s ultimate responsibility to ensure a safe environment and development for children, which may involve interventions such as out-of-home placements. These measures can restrict children’s rights, especially in institutional settings, raising complex legal and ethical questions.
The Finnish child protection system has undergone significant changes, particularly following the reform of constitutional rights in 1995, which strengthened the legal status of fundamental and human rights. This reform required child protection legislation to align with new constitutional standards and international human rights treaties, such as the UN Convention on the Rights of the Child and the European Convention on Human Rights.
Subsequent legislative reforms have aimed to clarify and regulate restrictive measures in institutional care, emphasising principles such as necessity and proportionality. However, practical challenges remain, especially in distinguishing between ordinary upbringing and legally defined restrictive actions. This ambiguity has led to inconsistencies in practice and concerns about children’s rights being compromised.
The article also discusses the ongoing 2025 reform of the Child Protection Act in Finland, which includes a proposal for a new closed rehabilitative institutional service for minors with serious behavioural issues. While the initiative seeks to address gaps in current services, it raises critical questions about children’s rights, legal safeguards, and ethical care practices.
Ultimately, the article argues that fundamental rights should not merely serve as legal boundaries but as active tools for strengthening child protection, participation, and justice. Legal reforms must respond thoughtfully to societal changes, ensuring that children’s rights are upheld even in the face of increasing demands for control and intervention.
