GE.19-02332(E)
Human Rights Council
Working Group on the Universal Periodic Review Thirty-third session
6–17 May 2019
National report submitted in accordance with paragraph 5 of the annex to Human Rights Council resolution 16/21*
Norway
* The present document has been reproduced as received. Its content does not imply the expression of any opinion whatsoever on the part of the Secretariat of the United Nations.
General Assembly Distr.: General 13 February 2019 Original: English
Contents
Page
Abbreviations ... 3
I. Introduction ... 4
II. Follow-up of recommendations and developments in the human rights field ... 4
Legal framework ... 4
Norwegian National Human Rights Institution ... 5
Equality and non-discrimination ... 5
Integration of immigrants ... 8
Hate speech and other hate crime ... 8
Domestic violence and sexual abuse ... 9
Human trafficking ... 10
Prevention of torture... 10
Deprivation of liberty ... 10
Asylum and immigration ... 11
Self-determination and participation ... 12
Freedom of expression, assembly and association ... 12
Privacy protection ... 13
Elections ... 13
Children and families ... 13
Work, social security and an adequate standard of living ... 15
Health ... 15
Education ... 17
Indigenous peoples and national minorities ... 17
Human rights in Norwegian development policy ... 19
Human rights and the business sector ... 19
Abbreviations
CAT Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
CEDAW Convention on the Elimination of All Forms of Discrimination against Women
CRC Convention on the Rights of the Child
CRPD Convention on the Rights of Persons with Disabilities ICCPR International Covenant on Civil and Political Rights
ICERD International Convention on the Elimination of All Forms of Racial Discrimination
ICESCR International Covenant on Economic, Social and Cultural Rights Istanbul Convention Convention on Preventing and Combating Violence against
Women and Domestic Violence
Lanzarote Convention Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse
NAV Norwegian Labour and Welfare Administration
I. Introduction
1. The Government attaches importance to fulfilling Norway’s human rights obligations, and cooperates with international monitoring mechanisms. Norway reports to UN treaty bodies, and the Special Procedures of the Human Rights Council have a standing invitation to visit Norway. The Universal Periodic Review (UPR) provides a good basis for constructive dialogue between countries, national human rights institutions, other independent institutions and civil society on the implementation of human rights.
The reporting process
2. In its second review in April 2014, Norway received 203 recommendations.1 Norway fully accepted 150 of these, and partially accepted 23.2 These recommendations have been followed up by the relevant ministries.
3. The Ministry of Foreign Affairs has coordinated the preparation of this report with eleven other ministries, consulted the Norwegian National Human Rights Institution (NHRI) on the process and held two open meetings to provide information and gain input. The open meetings have been announced on the Ministry’s website, and anyone who has wanted to provide input has had the opportunity to do so. The report gives an account of follow-up of the recommendations Norway accepted after the previous review, and of other developments in the human rights field, including issues raised by the Sámediggi (Sami parliament), NHRI, and other independent institutions and civil society organisations in their input. The recommendations are referred to in endnotes. The Annex contains a table showing the status of efforts to follow up the recommendations.
II. Follow-up of recommendations and developments in the human rights field
Legal framework
Acceptance of international human rights instruments
4. Norway is party to a large number of human rights instruments within the framework of the UN and the Council of Europe. These include seven of the UN core international human rights instruments and most of their optional protocols, including the protocols to the Convention on the Rights of the Child (CRC) on the involvement of children in armed conflict and on the sale of children, child prostitution and child pornography.3 Further information on Norway’s acceptance and implementation of human rights instruments is available in reports to UN treaty bodies,4 including the common core document5.
5. Since its previous UPR report, Norway has ratified the Council of Europe Istanbul6 and Lanzarote conventions7. In December 2018, the Government presented a proposition to the Storting (Norwegian parliament) on consent to ratification of the International Convention for the Protection of All Persons from Enforced Disappearance.8
6. Norwegian authorities have considered acceptance of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.9 In 2002, Norway decided not to become party to the convention, and the decision was upheld by a later government in 2007.
7. In autumn 2016, the Government presented a white paper on the individual communications mechanisms under the International Covenant on Economic, Social and Cultural Rights (ICESCR), the CRC and the Convention on the Rights of Persons with Disabilities (CRPD). Before this, the Government commissioned three independent reviews.
After thorough consideration, the Government concluded that it would not at that time propose acceptance of these three mechanisms.10 This was because of considerable uncertainty about the consequences. Certain aspects of these three communications mechanisms distinguish them from those Norway has already accepted. The ICESCR and
CRC contain several vague, aspirational rights, particularly in the economic and social domain, that entail far-reaching positive obligations for states. One example is the right to the enjoyment of the highest attainable standard of health. The Government considers that such provisions are in principle not well-suited to international consideration of individual communications because they give states considerable room for discretion. The main reason for not accepting the CRPD communications mechanism, was that in some areas, the CRPD Committee has a broad interpretation of the convention that is not in line with the understanding of the states parties. In January 2017, a broad majority in the Storting supported the Government’s decision. The Government does not plan to reassess this matter.
8. On ratifying the CRPD in 2013, Norway made interpretative declarations as regards Article 12 (equal recognition before the law) and Articles 14 and 25 (liberty and security of the person, and health). Norway recognises that persons with disabilities enjoy legal capacity and a right to respect for physical and mental integrity on an equal basis with others, without discrimination. Disabilities do not in themselves justify restrictions on these rights. However, it is Norway’s understanding that the Convention allows for withdrawal of legal capacity and/or compulsory guardianship, and compulsory care or treatment of persons, when this is necessary as a last resort and subject to safeguards.11
Human rights in Norwegian legislation
9. In May 2014, the Norwegian Constitution was strengthened with the adoption of a separate chapter on human rights.12 The chapter starts with a general provision requiring the authorities to respect and safeguard human rights as they are expressed in the Constitution and in the human rights treaties that are binding for Norway. It then lists various civil and political rights and some economic and social rights.
10. The following key human rights conventions have been incorporated into Norwegian law through the Human Rights Act: the European Convention on Human Rights, ICESCR, ICCPR, CRC and CEDAW. The Act gives precedence to the provisions of these conventions over other Norwegian law in the event of conflict. Other human rights conventions have been implemented in other legislation. For example, ICERD has been incorporated into the Equality and Anti-Discrimination Act and CAT through provisions in the Penal Code.13 Whether and how to implement a convention in Norwegian law is considered on a case-by- case basis.14
11. There is a general principle that Norwegian law should be interpreted in accordance with Norway’s obligations under international law. This principle has a particularly strong position in the human rights field. The procedures for drafting and consultations on new legislation also help to ensure that Norwegian legislation is in accordance with Norway’s human rights obligations. A thorough consideration of which human rights obligations will be affected by proposed legislation is required.
Norwegian National Human Rights Institution
12. The Norwegian National Human Rights Institution was established in 2015 with a broad-based mandate to promote and protect human rights. In 2017 it received ‘A status’
accreditation from GANHRI, meaning it is in full compliance with the Paris Principles. Its annual budget has increased considerably since 2015.15
Equality and non-discrimination
13. The principle of non-discrimination is enshrined in the Constitution. The Equality and Anti-Discrimination Act, in force since January 2018,16 prohibits discrimination on the basis of gender, pregnancy, leave in connection with childbirth or adoption, care responsibilities, ethnicity, religion, belief, disability, sexual orientation, gender identity, gender expression, age or combinations of these factors. The Act includes provisions on universal design and accommodating the individual needs of people with disabilities. Public authorities, employers and employer and employee organisations must make active, targeted and
systematic efforts to promote equality and prevent discrimination. Proposed amendments to strengthen this duty have been circulated for comment.17
14. The Equality and Anti-discrimination Ombud is an independent body that promotes equality and prevents discrimination in all areas of society. The Ombud provides guidance on the anti-discrimination legislation and ensures that Norwegian legislation and administrative practice are consistent with CEDAW, CERD and CRPD. The authorities continuously monitor the situation to ensure that the Ombud has sufficient resources.18 Complaints concerning breaches of the legislation are dealt with by the Anti-Discrimination Tribunal, an independent administrative agency authorised to make decisions on redress in workplace-related cases and on compensation in straightforward cases.
Gender equality
15. Norway has a high degree of gender equality and ranks second place out of the 149 countries evaluated in the World Economic Forum’s Global Gender Gap Report. The employment rate is nearly as high for women as for men. There are good parental benefits, extensive flexible working arrangements, a statutory right to leave to look after sick children, and an entitlement to work part-time in connection with care of children under 12. Parents also have a statutory right to daycare for young children with a price cap, and to daycare for young schoolchildren outside school hours.
16. The proportion of women in part-time employment has fallen from 40% in 2013 to 36% today. In the public sector, 56% of managers are women. Women account for the majority of those leaving universities with degrees, including doctorates. The Government consists of ten women and twelve men; the Prime Minister, Foreign Minister and Finance Minister are all women. The President of the Storting is a woman.19
17. Despite the progress, Norway still needs to do more. The gender balance in education and the labour market is uneven. More women with minority backgrounds need to enter the labour market, and more women need the opportunity to work full-time. More women leaders are needed in the business sector. Domestic violence, the use of force and negative social control must be combated. The #Metoo campaign has shown that sexual harassment is far too common. All government ministries have a responsibility for promoting equality within their area.20
18. The Government has appointed a committee to analyse gender equality issues in relation to children and young people, including gender-typical education and career choices and gender stereotypes.21 Another government-appointed committee has examined gender disparities in schools. The Government will draw up a strategy for a more gender-balanced education system and job market.22 A proposal for a low-threshold system for reporting sexual harassment has been circulated for comment.
Equal pay23
19. The gap between women’s and men’s pay has been reduced over the last decade, and is smaller than in most other countries. Gender differences in employment status (full- time/part-time), industry/sector, education, work experience, and skills and expertise are important reasons for the pay gap. Pay discrimination on the basis of gender is prohibited by law. Anyone who suspects discrimination against them on the basis of gender can require information about the pay of the person they are comparing themselves with. Employers have a duty to promote gender equality, including equal pay, and to report on their gender equality work. The social partners are responsible for wage negotiations. The Council for Working Life and Pension Policy has set up a working group to look at issues relating to equal pay.
Sexual orientation, gender identity and gender expression
20. Since 2009, lesbian and gay couples have had the same right to marry as heterosexual couples. As a general rule, lesbians and gay people can adopt children along the same lines a heterosexuals. Social attitudes towards and living conditions for LGBTIQ people are improving, but research shows that targeted, systematic efforts in this field are still needed.
The Norwegian Government`s action plan against discrimination based on sexual orientation, gender identity and gender expression (2017–2020) lists action in these areas: safe social
environments and public spaces; equal access to public services; and better quality of life for particularly vulnerable groups. The Government will review the protection against discrimination provided by the Penal Code, and consider whether protection against discrimination on the basis of gender identity and gender expression should be included.
21. Since 2016, people whose gender identity differs from their registered gender have had the right to alter the registration. The number of referrals to the National Treatment Centre for Transsexualism has increased in recent years, and its capacity is being increased.
In addition, national guidelines for treating gender incongruence and a comprehensive health service for this group are being developed. This work is to be completed by the end of 2020.
Persons with disabilities24
22. Disability discrimination arises because of attitudinal barriers and poor accessibility.
The authorities are developing good information and statistics about people with disabilities and working to improve knowledge of the CRPD at regional and municipal level.
23. The Government is working systematically to implement universal design throughout Norwegian society. The Government’s Action Plan for Universal Design 2015-2019 identifies the following priority areas: ICT; welfare and everyday technology; construction;
planning and outdoor areas; and transport. Universal design requirements apply to all new buildings, means of transport, infrastructure, websites and self-service terminals. The authorities are giving priority to universal design of schools and child daycare centres and have developed a roadmap for upgrading school buildings. Norway is participating in work on the European Accessibility Act, which covers products and services, and is implementing the EU Web Accessibility Directive.
24. Norway has several schemes designed to help people with disabilities and their families live independent and active lives, like other people. These include practical assistance with and training in daily activities, home care services, daytime activity programmes, respite care, pay for caregivers, individual support services, individual plans, individual coordinators and residential care homes. User-driven personal assistance (BPA) became a legal right in 2015. Under this scheme, those eligible can hire an assistant of their choice and decide when, where and what kind of assistance is provided.
25. A number of loan and grant schemes are available to make housing more accessible.
New housing must meet high standards of accessibility. Respect for the normalisation and social integration principles is a condition for granting funding for residential care homes.
Institutional settings should be avoided, and residential units should be located in ordinary residential areas.
26. In December 2018, the Government presented a strategic plan for 2020–2030 to promote equal opportunities for people with disabilities in order to ensure a more coordinated and integrated approach. The plan covers all age groups, including children with disabilities, who are particularly vulnerable.25 The Storting has requested the Government to present a white paper on the rights of people with disabilities.
Ethnicity, religion and belief26
27. A forum on ethnic discrimination has been established as a meeting place for state actors responsible for ensuring that public services do not discriminate against ethnic minorities. The authorities are developing indicators for monitoring equality for ethnic minorities.27
28. The Democratic preparedness against racism and anti-Semitism programme (DEMBRA) offers learning resources for schools and competence development for teachers relating to the prevention of anti-Semitism, racism and undemocratic attitudes. The Government is drawing up a new action plan against racism and discrimination based on ethnicity and religion and will implement measures to counter discrimination in the workplace, the health sector, the housing market and in restaurants, bars etc.
29. Under the Immigration Act, the police may stop a person and request proof of identity when there is reason to assume that the person in question is a foreign national and the time, place and situation give grounds for this. The fact that someone belongs to a particular ethnic
group or religion or has a foreign appearance or foreign features is never in itself grounds for an immigration check. The police work continually to improve training and awareness- raising relating to procedures for immigration checks. Norwegian Customs has also taken various steps to combat discrimination based on ethnicity in its control activities.28
30. The Norwegian Constitution states that the Church of Norway is the Established Church of Norway and will therefore be supported by the State, and that all religious and belief communities should be supported on equal terms. The Church of Norway became an independent legal entity in 2017. Following this, a public consultation has been held on a bill bringing together all legislation on religious and belief communities.29 The Government is also preparing a white paper on religion and belief policy.
Integration of immigrants
31. A key aim of Norway’s integration policy is to ensure that immigrants find employment or study, and take part in Norwegian society. The Government’s most important integration measures are education, Norwegian language training and other courses to give immigrants basic qualifications to take part in society. The Government is amending the Introduction Act with the aim of improving the results of the Introduction Programme. The Government has launched an integration strategy focusing on basic qualifications and education; labour market participation and integration into daily life; and combating negative social control.30
32. In the fourth quarter of 2017, 65% of immigrants aged 20–66 years were employed, compared to 77.7% of the rest of the population. The employment rate for immigrants in Norway is high in international terms. Various schemes are available to help people to find work. These schemes give priority to immigrants from outside the EEA, and the proportion of immigrant women who participate is higher than that of immigrant men and Norwegian women.31
Hate speech and other hate crime
33. The Penal Code prohibits hate speech motivated by a person’s skin colour, ethnic or national origin, religion or life stance, homosexual orientation, or disability. This provision is interpreted in a way that takes into consideration the right to freedom of expression.32 The Penal Code also states that if an offence is motivated by the factors above or by other circumstances relating to groups with a particular need for protection, this is an aggravating factor to be considered in connection with sentencing. All police districts are expected to use the same definitions and registration routines for hate crime, and the National Police Directorate has issued guidelines.
34. The Penal Code does not contain penal provisions on blasphemy, nor are there plans to introduce such provisions. However, it is a criminal offence to subject any person to hatred or persecution for reasons of religion.33 Registration of anti-Semitism as a motive for hate crime was introduced in 2018, and 12 cases were registered during the first eight months of the year.
35. The Government has provided funding for the Council of Europe’s Young People Combating Hate Speech Online campaign since 2014,34 and in 2016, it presented a strategy against hate speech for the period 2016–2020. The objective of the strategy is to combat hate speech on the basis of ethnicity, religion, gender, disability, sexual orientation, gender identity and gender expression. Its main focus areas are: forums for discussion, children and youth, the legal system, employment, the media sector, and knowledge and research.35
Domestic violence and sexual abuse36
36. Domestic violence remains a challenge. More incidents are being reported and a large proportion of children are affected. The Government will continue to strengthen efforts to combat domestic and sexual violence. Specific action plans on combating violence and abuse,
forced marriage, and female genital mutilation guide this work. In 2016, the Government presented a plan to step up efforts against violence and abuse, reduce the number of incidents, and improve care for children who have been exposed to violence and abuse.37
37. Various measures have been implemented:
• Support centres for victims of crime have been established in all police districts.
• 11 children’s houses in different parts of the country provide treatment and follow- up, including child-friendly facilities for police interviews, for children who have suffered violence and abuse.
• From 2010, all municipalities are obliged to provide crisis centre services free of charge to women, men and children.
• Research programmes on domestic violence, negative social control, forced marriage and female genital mutilation have been established.
• A committee has been appointed to review intimate partner homicides and recommend ways of preventing new cases.
• Cooperation has been established with the Sámediggi on research into, and measures to prevent, violence in Sami communities.
• There is a training programme for adults who work with children, and digital information resources are available for children, victims, family members, perpetrators and the support services.
• The health service and school health services have been strengthened as an important means of exposing violence.
• A new national plan for child daycare centres states clearly that personnel must know how violence against children can be prevented and how to identify signs of abuse.
• NGOs’ efforts to combat forced marriage, female genital mutilation and restrictions on young people’s freedom have been strengthened.
38. In addition, the Government will:
• establish groups with expertise on domestic violence and sexual abuse in all police districts.
• establish a national cyber crime centre to strengthen the fight against internet-related abuse.
• draw up an action plan on combating rape.
• develop a national strategy on competence-building in the field of violence and abuse.
39. People who need help to rebuild their lives after experiencing sexual violence, negative social control, forced marriage, trafficking or other traumatic experiences receive assistance from NAV to start studying or find work and to assure a satisfactory standard of living.38
40. In 2015, the maximum sentence for abuse in close relationships was increased to six years, and to 15 years for aggravated abuse. To meet the obligations of the Istanbul Convention, a penal provision on stalking has been introduced and the penal provision on forced marriage has been amended. The provisions on sexual abuse of minors have also been amended in line with the obligations set out in the Lanzarote Convention.39
41. The definition of sexual assault in the Penal Code is intended to apply to sexual activity without consent. The definition does not include wording to the effect of ‘without consent’. However, circumstances that imply a lack of consent are described.40
Human trafficking
42. Asylum reception centres are required to have routines in place for identifying and following up possible victims of human trafficking. If there is a danger of children becoming
victims of trafficking, the child welfare services are to be notified.41 A grant scheme provides funding for measures to help victims of human trafficking. In 2018, the amount allocated for accommodation, follow-up and vocational training schemes was increased significantly. All police districts are to establish specialist groups for combating human trafficking, and work is under way to establish a National Referral Mechanism.42 Victims of human trafficking who have been forced into prostitution or other forms of sexual exploitation are offered accommodation at crisis centres. In 2016, a special residential facility was established for men who have been exploited for forced labour.43 The Government’s action plan against human trafficking contains several measures that will strengthen international cooperation in this area.44
Prevention of torture
43. The Penal Code’s provision on torture ensures that Norway fulfils its obligations under CAT. A public official who, for specific reasons, causes another person injury or serious physical or mental pain is to be subject to a penalty of imprisonment. An act of this kind is considered to be torture if, for example, the pain or injury is inflicted because of the person’s religion or life stance, skin colour, national or ethnic origin, homosexual orientation, or gender. Unlike in previous versions of the Penal Code, disability has now also been added to this list. The Government will consider whether any other prohibited grounds of discrimination should be included.45
44. Police interviews in criminal cases are based on new questioning techniques, where the main focus is not on securing a confession from a suspect. There are almost no cases of physical or psychological mistreatment by the police.
45. The Parliamentary Ombudsman has established a National Preventive Mechanism (NPM), which since 2014 has exercised the OPCAT mandate. The NPM visits facilities where people are deprived of their liberty, and makes recommendations aimed at preventing torture and inhuman treatment. The NPM’s work also includes public outreach, dialogue with public authorities and civil society, and collaboration with international human rights bodies.46
Deprivation of liberty
46. Under Norwegian law, people placed in police custody must be transferred to an ordinary prison within 48 hours. In recent years, the number of breaches of this limit has been significantly reduced, from 4,250 in 2013 to 639 in 2017. To make time spent in custody less onerous, a legal framework that makes it easier for detainees to have contact with others in police custody, and to receive visitors is being introduced.47
47. Since 2014, the correctional services have had a computer system that can collect and analyse data on exclusion of prisoners from company with other prisoners. The statistics are more detailed than before, and now also include information about the length of the exclusion. Efforts are being made to improve the quality of the statistics.48
48. A number of measures have been implemented to ensure that minors are detained only as a last resort and for the shortest possible period of time. The number of people under the age of 18 remanded in custody has been reduced, and is now at its lowest level ever; only 11 cases were registered in 2017.49 To ensure that minors are only imprisoned as a last resort, a new non-custodial sanction was introduced in 2014. This is an alternative to prison for minors who have committed serious and/or repeated crimes. Another sanction was introduced at the same time for less serious crimes. Both sanctions are based on the principles of restorative justice.50 The pilot project using separate prison units for minors has been made permanent, and two units have now been established to keep minors segregated from adult prisoners, as well as to better safeguard the needs of young offenders. If there is room in a unit for young offenders, minors must – as a general rule – not be placed in ordinary prisons. However, in certain situations, minors may nevertheless be placed in ordinary prisons, e.g. if it is important to keep them close to home, or if, for other reasons, it is considered to be in their best interest.51
49. The Government aims to ensure safe and equal conditions for women and men in prison. Mixed gender prisons can pose a threat to the safety of female prisoners. The correctional services therefore have three prisons for women-only, and two prisons that have separate wings for women. When women are held in mixed prisons, there must be separate, women-only wings with adapted services.
50. There has recently been considerable criticism of conditions for prisoners with serious mental health problems, for example that healthcare services are inadequate and that prisoners are subjected to coercive measures and isolation instead of being offered healthcare.
Prisoners are entitled to the same healthcare services as the general population. The Government intends to improve mental healthcare services in prisons, and limit the use of isolation. In the 2019 budget, funding has been allocated for the establishment of a national prison wing with a higher staffing level, where health service and prison staff will cooperate closely to improve conditions for prisoners with serious mental health problems.
Asylum and immigration
51. The Government pursues a restrictive, responsible immigration policy that ensures due process within the framework of Norway’s international obligations. Norway’s asylum practice is based on the principle of fair and humane treatment of all applicants, in accordance with the Immigration Act.52 All asylum applications are considered on an individual basis by the Norwegian Directorate of Immigration (UDI) and the Immigration Appeals Board (UNE). Foreign nationals who are entitled to protection, including against return (non- refoulement), will be granted protection.53 Foreign nationals who are not legally resident are obliged to leave Norway. If they do not do so voluntarily, they will be forcibly returned by the police.This is necessary to ensure the effectiveness and legitimacy of the asylum system.
52. Autumn 2015 saw a marked increase in migrant flows to Norway and the rest of Europe. In response, and to limit the number of arrivals, the legislation was amended to tighten Norway’s immigration rules, within the framework of Norway’s international obligations. In 2016, the UDI was instructed to withdraw refugee status and residence permits in cases where the conditions for granting protection in Norway no longer exist and the foreign national has not been granted permanent residence.
Minors
53. The CRC is of vital importance for dealing with immigration cases concerning children, and children’s best interests are highlighted as a primary consideration several times in the legislation. Both the UDI and UNE have established separate units for dealing with cases concerning children to increase expertise in this area and ensure that cases are processed properly.54
54. In recent years, funding has been provided to enable children in asylum reception centres to attend child daycare centres. Children aged 6–16 have the right and duty to attend school, regardless of the status of the family’s asylum application. Young people over the age of 16 have the right to attend upper secondary school if they are legally resident in Norway.
55. Unaccompanied asylum-seeking minors under the age of 15 are offered accommodation at special reception centres for minors and are the responsibility of the child welfare authorities. The immigration authorities are responsible for housing and care services for unaccompanied asylum-seeking minors over 15. The Government has implemented various measures in recent years to ensure adequate care for unaccompanied minors in reception centres, such as increasing the number of professional care workers. Reception centres must for example report any suspected mistreatment or crime against a child to the child welfare services.55
56. The authorities have procedures for dealing with the disappearance of unaccompanied minors from reception centres. This includes reporting the matter to the child welfare services, the child’s representative (guardian) and lawyer, and the police. In many cases, there are grounds for believing that children leave reception centres by choice. However, the
possibility that some may be victims of human trafficking, exploitation or other crimes cannot be excluded.56
Detention
57. New, clearer statutory provisions on the arrest and detention of minors entered into force in May 2018. These are designed to ensure that minors are arrested or detained only as a last resort and for the shortest possible period of time. The Immigration Act sets out maximum time limits, and the legality of a detention must be examined regularly by a court.
Children’s best interests must always be assessed as a primary consideration in cases of arrest and detention, including when considering alternative measures. Court rulings must specify how children’s best interests and the possibility of alternative measures have been assessed.
58. A number of improvements have been made in recent years at the Trandum police immigration detention centre to improve detainees’ security and welfare. These include the establishment of a new security section, where different levels of security can be provided.
A separate family detention unit has also been established for families with children awaiting deportation, where the level of security is lower and the employees do not wear uniforms.57
Self-determination and participation
59. Under the guardianship act, guardianship is a modern form of assistance that respects the individual’s integrity, will and wishes. All decisions on establishing legal guardianship must limit its scope to what is strictly necessary. Most legal guardians are guardian for only one or a few individuals. Most guardianships do not entail restrictions on legal capacity and are voluntary. Guardians provide necessary assistance and support for people who are ill or disabled. As a general rule, a guardian must not take any action against a person’s will. An exception is made if the person is unable to understand the consequences of their actions, but the guardian must nevertheless listen to and take into consideration the person’s wishes.
Ensuring that the individual’s wishes form the basis for legal guardianship is an ongoing process.
60. A decision to restrict a person’s legal capacity may only be made by a court, on strict conditions, and not solely on the basis of disability. The act states that a guardian must nevertheless give weight to the person’s views, even if his or her legal capacity has been restricted. If a person whose legal capacity has been restricted disagrees with a decision by their guardian, the matter may be brought before a county governor and examined by a court.
Restricting someone’s legal capacity may in certain cases be strictly necessary to prevent them from seriously harming themselves, and to safeguard their other rights.
Freedom of expression, assembly and association
61. The Constitution protects freedom of assembly and association, and freedom of expression, regardless of form or medium. The right to express political views, including views on human rights, has particularly strong protection. Whistleblowing in the workplace may be crucial for uncovering cases of corruption and other crimes. In 2018, an expert committee proposed legislative amendments and other measures to strengthen the system for whistleblowing at work.
62. The Constitution also sets out the right of access to public documents and the state’s obligation to facilitate ‘open and enlightened public discourse’. The authorities support the media through direct grants and VAT exemptions for news and current affairs media, and funding for local audio and visual media, Sami news media, and innovation. In 2018, a consultation has been held on the proposed media liability act. Its objective is to support the role of editor-controlled media in defending an open and enlightened public discourse. The bill sets out clear rules governing liability for hate speech and other unlawful content that users post on edited online platforms.
63. A dynamic and diverse civil society is crucial for democracy, human rights and a welfare society. There are more than 100,000 voluntary organisations in Norway. Public funding for voluntary organisations totalled around NOK 9 billion in 2018.
Privacy protection
64. A new Act implementing the EU General Data Protection Regulation in Norwegian law entered into force in July 2018. The Act strengthens privacy protection and sets stricter requirements for how businesses and organisations process personal data. The Government has appointed an expert committee to examine issues and propose guidelines relating to freedom of expression, privacy and confidentiality in connection with visits, photographs, reports etc. in the health and care sector, the child welfare services, child day-care centres and schools.
65. The extent to which the authorities are entitled to gather information and monitor communication in dealing with serious crime is regulated by legislation that is consistent with Norway’s international obligations.
66. The authorities are considering whether the Norwegian Intelligence Service should be authorised to intercept cross-border electronic communications in connection with foreign intelligence gathering to make it possible to detect serious threats to Norway in or via cyberspace. Any such powers must be in line with Norway’s human rights and data protection obligations, including being subject to independent and effective control.
Elections
67. In recent years, extensive changes have been made to the conduct of elections to the Storting, county councils and municipal councils. These include greater use of technology, stricter requirements regarding accessibility, and increased standardisation and professionalism. Voter turnout in the 2017 parliamentary election was 78.2%. In 2017, the Government appointed an Election Act Commission to review the electoral system, including the electoral complaints procedure. This will involve looking at legislation and practice in similar countries.58
Children and families59
The CRC and the Children Act
68. Norway is making targeted efforts to implement the CRC. Since 2009, Norway has been working systematically to introduce a local practice of applying the Convention in municipalities through a programme called the ‘Giant Leap’. The programme consist of an analysis and follow-up tool that municipalities can use to ensure that the Convention is applied actively across their services. All counties have decided to adopt the method.60 The Government has appointed a committee to review and modernise the Children Act, assess the child maintenance system and whether it promotes equal parenthood, and review children’s rights, particularly in an international context and in the light of developments in the human rights field.
National complaints procedures for children
69. It is important that children have easy access to effective national complaints procedures. The Government has made amendments to educational legislation to strengthen national complaints procedures for children.61 Children aged over 12 have an independent right of complaint in health matters they are able to understand. Children who are admitted to a psychiatric unit against their will have special rights of appeal. The Government has appointed a committee to review the legislation on the use of coercion in the health and care sector. It has been asked to consider whether amendments are needed to adapt the rules given children and young people’s particular needs for and rights to protection.
Child welfare62
70. The Child Welfare Act is intended to ensure that children and young people living in conditions that may be detrimental to their health and development receive the necessary assistance, care and protection at the right time. It requires public authorities to inform the child welfare services when there is reason to believe that a child is being mistreated at home, seriously neglected, or has shown persistent serious behavioural problems. Practitioners of professions to which a special duty of confidentiality applies are also subject to this requirement.
71. The 1996 Hague Convention on parental responsibility and protection of children has been incorporated into Norwegian law. Around 80% of interventions by the Norwegian Child Welfare Services are forms of assistance to which parents consent. If this assistance is not sufficient, and it is in the child’s best interests, a decision may be made to take a child into care if he or she is being neglected or abused in the home. The Child Welfare Act was amended in 2018 to strengthen legal safeguards for both parents and children. For example, the right of children to express their views has been strengthened, and the child welfare services are required to cooperate with both children and parents. Unless it would not be in the child’s best interests, efforts are to be made to enable parents to regain care of their children. There is a statutory requirement for the child welfare services to consider whether a family member or someone in the family’s close network could provide a foster home. The child’s background must be taken into consideration when choosing a new home. The Government has allocated funds to increase expertise in the municipal child welfare services to provide better assistance at an earlier stage to children in their care.
Adoption
72. The new Adoption Act entered into force in 2018. It prohibits the use of payments or other benefits to influence anyone whose consent is required or who can express an opinion in connection with an adoption application. When adopted children reach the age of 18, they have the right to know the identity of their original parents, and to receive necessary guidance.
As soon as is advisable, the adoptive parents must tell the child that he or she is adopted and inform the child about his or her ethnic, religious, cultural and linguistic background.63 Family counselling services
73. Family counselling services provide assistance and advice for anyone experiencing family difficulties or conflict. The Government has appointed a committee to review the system as a whole. The aim is to strengthen services so that more families receive the help they need.64
Citizenship for stateless children
74. The Government is seeking to prevent statelessness in accordance with Norway’s international obligations. The legislation applies subject to any restrictions following from Norway’s obligations under international law. In 2016, the Ministry of Justice and Public Security issued instructions to ensure that applications for citizenship from stateless persons are processed in accordance with relevant conventions, so that no child born in Norway remains stateless.
Work, social security and an adequate standard of living
Unacceptable working conditions and work-related crime
75. Norway is pursuing an active policy to combat work-related crime through targeted measures, increased inspection activities, and cooperation between the authorities and the social partners. In the time ahead, the Government will give priority to increasing knowledge and reducing criminal actors’ room for manoeuvre in procurement markets. It will also consider increasing penalty limits to combat work-related crime. In 2015, the Government launched a strategy for combating work-related crime, which was revised in 2017 and will be revised again in 2019. The Government has, for example, established co-located joint
operation groups to fight work-related crime, where the Labour Inspection Authority, the police, the Tax Administration and NAV all cooperate. Other important measures to promote acceptable and decent working conditions include the general application of collective agreements in certain sectors, and information activities targeting foreign workers. Efforts will be strengthened through cooperation between the social partners, follow-up by the authorities, and intensified international cooperation.
An adequate standard of living
76. An adequate standard of living is ensured through a combination of income from work, benefits, a good standard of housing, and free or low-cost public services. Norway’s national insurance scheme ensures that people who are unable to work because of age, illness, injury or family situation still have an income. NAV provides services to ensure that everyone has an adequate standard of living through paid work, acquired social security benefits, or social services.
77. The municipalities are required to find temporary housing for people who are unable to find accommodation themselves. The accommodation offered must be adequate. What is considered adequate will depend on prevailing social conditions and current standards for good practice in the social services.65
Child poverty66
78. Most children in Norway grow up in a secure and financially stable family setting. In the period 2014–2016, 10.3% of all children lived in households with a persistently low level of income, i.e. less than 60% of median income.67 Over half of these children had an immigrant background. The Government’s strategy for combating child poverty, Children Living in Poverty,expired at the end of 2017, but Norway’s efforts in this area are being continued and stepped up. Preventive efforts have been given high priority: for example, there is a new strategy for supporting parents (2018–2021), and improvements have been made to the services offered by health clinics and school health services, in the area of substance abuse treatment, and in efforts to combat violence against and abuse of children.
The Government has introduced cheaper day-care for children from low-income families, a national scheme that provides free core time in daycare centres for all children over the age of three from low-income families, and financial support to enable young people from low- income families to attend upper secondary school. Steps have also been taken to place greater emphasis on the child’s perspective in NAV, and improve follow-up of economically disadvantaged families with children. The Government, NGOs and the Norwegian Association of Local and Regional Authorities (representing the municipalities and counties), have signed a ‘declaration on leisure,’ the aim of which is to ensure that all children have the opportunity to participate regularly in at least one organised leisure activity.
Health
79. Life expectancy in Norway is high and the population’s overall level of health is good.
Everyone living in Norway is entitled to essential health services in the form of preventive healthcare, treatment, rehabilitation, and nursing and care services. Most health services are publicly funded, but people without permanent residence must pay for healthcare themselves.
It is not possible to demand payment in advance for emergency healthcare or urgent healthcare from the specialist health service. This is to ensure that nobody risks being denied healthcare because they are unable to pay.68
80. Ensuring equal access to healthcare is a political goal and a legal obligation. However, there are challenges due to language problems, cultural differences and the fact that certain groups have special needs (e.g. people with minority backgrounds, people with intellectual disabilities and sexual minorities). As of September 2017, health and social care study programmes are required to cover topics such as inclusion, equal opportunities and non- discrimination, irrespective of gender, ethnicity, religion, belief, disability, sexual orientation, gender identity, gender expression and age. The Norwegian Institute of Public Health conducts research and disseminates knowledge on migrant health by providing
guidance, advice and courses for health personnel.69 Work is also being done to develop tailored information for immigrants, including asylum seekers and refugees, for example aimed at raising awareness of health rights.70 The internationally recognised Norwegian Centre for Violence and Traumatic Stress Studies works, among other things, to increase knowledge about the treatment of torture victims. These centres of expertise cooperate closely with the five regional resource centres that have specialist expertise in working with people affected by violence and sexual abuse, traumatic stress, migration or suicide.71 The Government’s efforts to improve mental health and prevent substance abuse – particularly among young people
81. The number of person-years worked in the field of mental health and substance abuse rose from 13,131 in 2015 to 15,894 in 2018. As a result, more people now receive help more quickly. In 2017, the Government presented a new strategy for good mental health, which will be followed up by a plan for intensified efforts to improve children’s and young people’s mental health.72
Mental health treatment73
82. The use of coercion in mental healthcare is to be kept to a minimum. To achieve this, the health authorities work continually to improve relevant legislation, tighten requirements for service providers and strengthen the review bodies. The authorities are following up the service providers closely to improve reporting on the use of coercive measures. In 2017, a number of legislative amendments were made to strengthen patients’ autonomy and legal protection. An evaluation is under way to determine whether these amendments have had the desired effect. In 2016, the Government appointed a legislative committee to review the rules on coercion in the health and care sector, including in relation to Norway’s international obligations. In particular, the use of electroconvulsive therapy (ECT) without the patient’s consent has been criticised in recent years. The committee will also consider the rules on the use of ECT. The committee is to submit its report by June 2019.
Health and care services for people with disabilities74
83. People with disabilities often have a greater need for health and care services than the rest of the population, but nobody can be forced to receive help due to disability. There are legal safeguards in place for situations where coercion is unavoidable because a person, regardless of their functional ability, poses a risk of serious harm to themselves or others.
The conditions for using coercive measures are regulated by separate legal acts for different risk groups. The legislative committee tasked with reviewing the rules on coercion has been asked to consider whether a single act covering all these groups should be drawn up.
84. The authorities are also implementing competence-building measures for personnel working with people with intellectual disabilities. The most recent example is the Norwegian Directorate of Health’s work on a new training programme to improve expertise in this area.
An annual allocation of NOK 6 million has been made to this programme. In addition, a grant scheme of NOK 7.5 million has been established to enhance service development and competence building in connection with services for people with intellectual disabilities. The national competence centre on intellectual disability plays a central role, acting as a link between government agencies, research institutions and other relevant groups.
Education
85. In Norway, primary and lower secondary education is free. All children who are expected to be in Norway for more than three months are entitled to schooling at these levels.
The Education Act was amended in 2016 to make it clear that schooling is to be provided for children within a month of their arrival in Norway. The right to upper secondary education only applies to minors who are legally resident in Norway. Young people who are staying in Norway legally while awaiting a decision on their residence permit application are entitled to upper secondary education up to and including the school year they turn 18.75
