Restorative justice in Finnish constitutional law: reconciling Sámi rights and ecology

This paper examines the application of environmental restorative justice within constitutional frameworks, addressing both ecological degradation and historical injustices experienced by the Sámi People in Finland. It investigates the intersection of Sámi rights and environmental regulation, proposing a model of justice that respects Indigenous autonomy while safeguarding ecological integrity and contributing to long-term sustainability. Through the study of the Finnish environmental legal framework, including recent case law, legislative reforms, and the growing relevance of international instruments, this research highlights the evolving ecological perspective of the Finnish Parliamentary Committee of Constitutional Affairs. The study also evaluates how constitutional interpretation has shifted towards a more rights-based and ecological understanding of Sámi cultural practices, especially with regard to land use and traditional livelihoods. Ultimately, the paper argues that environmental restorative justice advances the fulfilment of Sámi rights within their Homeland by reconnecting ecological restoration with social healing, democratic participation, and respect for cultural continuity across generations.

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Publication Details

Journal
The Polar Journal
Published
2025-12-26
DOI
https://doi.org/10.1080/2154896x.2025.2603868
Primary Topic
Historical Legal Studies and Society
Type
article
Field-Weighted Citation Impact
0.00
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article

Restorative justice in Finnish constitutional law: reconciling Sámi rights and ecology

Sara Fusco
The Polar Journal
Historical Legal Studies and Society
article

Restorative justice in Finnish constitutional law: reconciling Sámi rights and ecology

Sara Fusco
article en

Abstract

This paper examines the application of environmental restorative justice within constitutional frameworks, addressing both ecological degradation and historical injustices experienced by the Sámi People in Finland. It investigates the intersection of Sámi rights and environmental regulation, proposing a model of justice that respects Indigenous autonomy while safeguarding ecological integrity and contributing to long-term sustainability. Through the study of the Finnish environmental legal framework, including recent case law, legislative reforms, and the growing relevance of international instruments, this research highlights the evolving ecological perspective of the Finnish Parliamentary Committee of Constitutional Affairs. The study also evaluates how constitutional interpretation has shifted towards a more rights-based and ecological understanding of Sámi cultural practices, especially with regard to land use and traditional livelihoods. Ultimately, the paper argues that environmental restorative justice advances the fulfilment of Sámi rights within their Homeland by reconnecting ecological restoration with social healing, democratic participation, and respect for cultural continuity across generations.

The Polar Journal
University of Akureyri (IS), University of Lapland (FI)
Peace, Justice and strong institutions
Openalex Percentile: Top 21%
Historical Legal Studies and Society
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