In her recent article, professor Elina Pirjatanniemi explores the effects of fundamental and human rights on Finnish criminal law. The requirements for restrictions and extensions that such rights put on criminal law have led to concerns about the inflation of criminal law, particularly with regard to sexual offences. Pirjatanniemi examines the Finnish criminalisation discussions around rape and the purchase of sexual services between 1997 and 2020, concluding that the Finnish criminal law has shown resistance against criminalisation pressures and that the national review margin has been used to the greatest extent possible. However, she argues, rights thinking has contributed to a more analytical and contextual discussion within the criminalisation debates, with more focus being put on the victim’s rights and contributing to the reform of legislation regarding sexual offences.
Elina Pirjatanniemi, ‘Om sex, samtycke och mänskliga rättigheter’, JFT 4-5 (2021) 308-332.