All states parties, in accordance with national legislation, should prevent, investigate and punish acts of violence against women, whether perpetrated by the state or private persons. Harassment on the basis of gender and sexual harassment shall be prohibited. The same shall apply to private undertakings that ordinarily employ between 20 and 50 persons if requested by the employees or employee representatives. It applies whoever the victim: women, men or children and whatever the form of exploitation: sexual exploitation, forced labour or services, etc. Universal design and individual accommodation, Section 18. They introduced the Norwegian Gender Equality Act in 2002, aiming to promote gender equality and remove gender discrimination in large. Right to individual accommodation in respect of municipal services, Section 21. Activity duty of public authorities and duty to issue a statement, Section 25. In 1978, Parliament adopted the Gender Equality Act, and it was last revised in 2013. The commission was established in 1946 in order to prepare reports and to make recommendations to the United Nations Economic and Social Council (ECOSOC). Pay shall be set in the same way, without regard to gender. 61 relating to a prohibition against discrimination on the basis of disability shall be repealed. A non-discriminatory society is a … elected by proportional representation are exempted. “Sexual harassment” shall mean unwanted sexual attention that is troublesome to the person receiving the attention. This provision binds the Norwegian universities to develop institutional gender equality action plans, while a related stipulation in the Norwegian Gender Equality Act obligates the institutions to report recent gender This shall include the following: cessation of the employment relationship. the actual state of affairs as regards gender equality in their undertaking, and. The collection of information on ethnicity, religion, belief, disability and living arrangements is nevertheless permitted if the information is of decisive significance for the performance of the work or the pursuit of the occupation. Adopted and opened for signature, ratification and accession by UN General Assembly resolution 39/46 of 10 December 1984, entry into force 26 June 1987, in accordance with article 27(1). The research explores the encounter between LGBTI persons´ right to gender identity under the Norwegian Gender Recognition Act from 2016, their protection against discrimination on the grounds of sexual orientation and gender identity under the Equality and Anti-Discrimination Act and other acts in areas like refugee law, family- and child law . Found inside – Page 2180... 24–25, 126, 151 Equality Act 34 Equal Treatment Act (ETA) 101–105 Estonia 90–112; Gender Equality Index 98, 107, ... European Union (EU): board representatives in public and private limited companies in Norway 53; equality between ... The act also ensures employees the entitlement to leave of absence during pregnancy and childbirth. Opened for signature and ratification by General Assembly resolution 640(VII) of 20 December 1952, entry into force 7 July 1954. In the assessment, particular weight shall be given to. This section shall apply correspondingly in connection with other types of leave linked to pregnancy and childbirth; see sections 12-2 to 12-8 of the Working Environment Act. Found inside – Page 233See http://ec.europa.eu/justice/gender-equality/files/documents/eurobarometer_ report_2015_en.pdf (accessed 9 September 2015). 2. ... For the Norwegian Gender Equality Act, see https://www.regjeringen.no/en/ ... However, there is still a gap between women's entry into careers historically dominated by men. 115 (in force 1 January 2018), L21.06.2019 No. contains no explicit provision of gender equality or prohibition … Katarzyna Jezierska (b. «Harassment» means acts, omissions or statements that have the purpose or effect of being offensive, frightening, hostile, degrading or humiliating. This Act regulates the marriage contract in Norway. The municipality shall ensure the provision of a crisis centre service that may be used by persons who are subjected to domestic violence or threats of such violence, and who need counselling or safe, temporary accommodation. Section 18. All public undertakings, regardless of size, and private undertakings that ordinarily employ more than 50 persons shall, in the context of their operations. The Nordic countries - Denmark, Finland, Iceland, Norway and Sweden, and the autonomous territories Greenland, Åland and the Faroe Islands - have made great progress on gender. Victims of human trafficking who are not lawfully resident in Norway may be granted a period of reflection of six weeks. The UN Charter states: "to achieve international cooperation in (...) promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction to race, sex, language, or religion". The first paragraph does not apply to the setting or amendment of pay and working conditions as a result of circumstances other than parental leave. The King may issue regulations containing further provisions on the delimitation of the scope and content of the duty to ensure universal design of ICT solutions. Adopted at the Fourth Conference on Women in 1995. The Convention is a comprehensive treaty mainly focussed on the protection of victims of trafficking and the safeguard of their rights. The law was ratified by the Parliament in … The Convention applies to all forms of trafficking; whether national or transnational, whether or not related to organised crime. Norway has … Employees of the undertaking and their representatives, the Anti-Discrimination Tribunal, the Equality and Anti-Discrimination Ombud and researchers shall have a right to disclosure of the results of the pay review, including when the results cannot be anonymised. As a result of regulations issued pursuant to the Local Government Act, the provisions on representation of both sexes on official committees at municipal and county levels are now to be found in the Local Government Act. Norway supports the promotion of gender equality internationally. A person who receives information about pay pursuant to this provision is subject to a duty of confidentiality and shall sign a confidentiality declaration. This shall apply in the case of breaches of the provisions in chapter 2 and sections 17, 18, 20 and 21. This shall not apply in the case of information covered by the Freedom of Information Act. Right to individual accommodation of pupils and students, Section 22. This also applies in connection with extension of a temporary position. Gender equality as a central aspect of national identity is evident also in Sweden ( Dodillet 2009 ) and the Netherlands ( Roggeband and Verloo 2007 ), and may be seen as a feature of the self-understanding of several European welfare states, in particular the Nordic welfare . It substituted the four past correspondence acts and presumably won't be the last time Norway changes their gender equality laws to fit the ever-changing norms. An employer who provides pay information about a worker pursuant to this provision shall simultaneously inform the worker of what information has been provided, and to whom. Differential treatment shall not breach the prohibition in section 5 if: it is necessary to achieve the purpose, and. The Norwegian Gender Equality Act of 1978 established that "women and men shall be given equal opportunities in education, employment and cultural and professional advancement" (1978:1). Even though gender equality has been a part of Norwegian legislation for decades, the topic is still relevant as ever. Authority of the Anti-Discrimination Tribunal to enforce this Act, Section 36. Found inside – Page 343123 Norwegian Ministry of Foreign Affairs, 'Women, Peace, and Security, Norway's Strategic Plan 2011-2013', 7, stating compliance required with section 21 of the Norwegian Gender Equality Act ... The most important convention is the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), adopted in 1979. The provisions of section 13, first to third paragraphs, of the Equality and Anti-Discrimination Ombud Act apply correspondingly. The right to equal pay for the same work or work of equal value shall apply irrespective of whether the work relates to different professions or pay is governed by different wage agreements. «Direct differential treatment» means treatment of a person that is worse than the treatment that is, has been or would have been afforded to other persons in a corresponding situation, on the basis of factors specified in section 6, first paragraph. (UN 2001) Women and military, women and security, women and peacekeeping are all current Employers shall make active, targeted and systematic efforts to promote the purpose of this Act in their undertakings. CEDAW is the most authoritative UN human rights instrument to protect women from discrimination. Found insideThis report presents study findings on how women and men are represented in the news in the Nordic countries, and to what extent women and men occupy the decision-making positions in the media. An employer who releases pay information about an employee under this provision shall simultaneously inform the person in question of what information has been released, and to whom. pregnancy or plans to have or adopt children. Norway is obliged to submit regular reports on measures that have been carried out and on the progress that has been made in fulfilling the obligations imposed by CEDAW. Found inside – Page 265Norway. Gender Equality Ombudsman. n.d. Gender Equality by Law: The Norwegian Model. QO: 510. Oslo. ———. Gender Equality Ombudsman. 1978. The Norwegian Act on Gender Equality: Act No. 45 ofJune 9th, 1978, on Gender Equality. QO: 0507. This Act shall help to dismantle disabling barriers created by society and prevent new ones from being created. Employer's disclosure duty to job seekers, Section 32. If the committee has nine members, each gender shall be represented by at least four members. Gender equality is also made explicit in other Norwegian acts and regulations. If the statement is issued in another document available to the general public and the undertaking has a duty to issue an annual report, the annual report shall specify where the document can be found in a form available to the general public. A person who receives information about pay pursuant to this provision shall be subject to a duty of confidentiality and shall sign a confidentiality declaration. This framework is put forward as a tool to be applied on a voluntary basis. The prohibition also applies if a person is harassed on the basis of his or her connection with another person, when such harassment is based on factors specified in section 6, first paragraph. The statement shall be formulated such that no personal circumstances of individual employees are revealed. The arrangement, since its introduction in 1998, has been a much and vehemently debated matter. Lawful differential treatment on the basis of pregnancy, childbirth or breastfeeding and leave in connection with childbirth or adoption, Section 11. The Act requires that 40% of both genders must be represented on publicly appointed boards, councils and committees. In particular, the act aimed to improve the position of women in all aspects of society. Chapter 5. In other sectors of society, liability shall exist if the person who has committed the discriminatory act can be blamed for doing so. Further, Norway was the … The prohibition covers harassment on the basis of actual, assumed, former or future factors specified in section 6, first paragraph. Purpose The purpose of this Act is to promote equality … If not addressed, the policy itself, despite its potential, can bring about the unintended effect of sustaining and reproducing discrimination against women and girls. Section 12. Any person who has previously been penalised for breach of this provision may be penalised even if the breach is not aggravated. What does this legislation imply for Norway as an EEA state? Found inside – Page 358The five Nordic countries have adopted somewhat different approaches when devising the appropriate organizational structures to promote gender equality . In Norway , Sweden and Finland , a Gender Equality Ombudsman ensures that the ... Positive differential treatment on the basis of factors specified in section 6, first paragraph, is permitted if. Norway reports regularly to the CEDAW committee on the current situation concerning gender equality in the country, and on measures being implemented by the government for promoting gender equality. 45 relating to gender equality shall be repealed. The Protocol enables women, subject to gender discrimination, to submit complaints both in groups or as individuals, to the Committee on the Elimination of Discrimination against Women. Norway girls are some of the greatest brides Europe has to offer, but what precisely makes them such a popular choice amongst single men everywhere […] The Human Rights Act relates to the strengthening of human rights in Norwegian law. Due to the media’s normative power to reflect daily life and to shape our understanding of gender, media plays a vital role in constructing – or deconstructing – gender equality. At its heart are the 17 Sustainable Development Goals (SDGs), which are an urgent call for action by all countries - developed and developing - in a global partnership. Such efforts shall encompass the areas of recruitment, pay and working conditions, promotion, development opportunities, accommodation and the opportunity to combine work with family life. Differential treatment does not breach the prohibition in section 6 if it: In employment relationships and in connection with the selection and treatment of self-employed persons and hired workers, direct differential treatment on the basis of gender, ethnicity, religion, belief, disability, sexual orientation, gender identity or gender expression is only permitted if the characteristic in question is of decisive significance for the performance of the work or the pursuit of the occupation and the conditions in the first paragraph are met. Difi may demand the information it requires to perform its tasks pursuant to this Act, and demand access to ICT solutions specified in section 18. Title of the Act amended by the Act of 10 June 2005 No. The late 1800's were a turning point in Norwegian policy concerning gender equality. Prohibition against instructions. Job applicants who consider themselves to have been disregarded contrary to this Act shall be entitled to demand that the employer provide written information about the person who has been appointed. «Equality» means equal status, equal opportunities and equal rights. Pay shall be set in the same way for women and men without regard to gender. The Ministry may issue regulations containing further provisions on the assessment of coercive fines and on implementation of an administrative decision to impose a coercive fine. Juster tekststørrelseHold inne Ctrl-tasten (Cmd-tasten på Mac). Date: 20/04/2007 In this assessment, particular weight shall be given to. Both the new Immigration Act and Flemmen and Lotherington's research point to concerns regarding whether these couples are complying with Norwegian norms concerning gender equality. In fact, this was the main goal of the Norwegian Gender Equality Act of 1978. The United Nations International Convention on the Elimination of All Forms of Racial Discrimination of 21 December 1965 shall apply as Norwegian law. Amendment act not yet incorporated in this text:Act 11 June 2021 No. Section 15. Section 19. Despite the decision, Argentina has shown itself as a democracy with room for female voices, according to researcher Camila Gianella. Minimum representation 1981, first regulation, 1988, 40 per cent of each gender, included in the local government act, 1995 Minimum 40 % of each gender should be It contains no explicit provisions on gender equality or prohibitions against gender discrimination. The first paragraph does not apply to committees, etc. The former UN Commission on Human Rights in resolution 1994/45, adopted on 4 March 1994, decided to appoint a Special Rapporteur on violence against women, including its causes and consequences. The duty pursuant to the first paragraph is deemed to be met if the undertaking fulfils universal design requirements in laws or regulations. A new report on the issue concludes that a gender-neutral approach rather than initiatives aimed at women only seems to be more successful in achieving gender balance. The Norwegian Gender Equality Act imposes 'active, goal-oriented and systematic equal opportunity activities' on company management, but the progress on gender balance … The Norwegian Government is focused on promoting equality and improving anti-discrimination safeguards for all persons. Workers' rights in connection with parental leave, Section 34. It shall be prohibited to retaliate against anyone who fails to follow an instruction that breaches section 10. The Act relating to Gender Equality (the Gender Equality Act) was adopted by the parliament in 1978. This step forward in the Norwegian feminist movement brought gender to the forefront of politics and discussion (Equality). A person who receives pay information pursuant to the fourth paragraph shall be subject to a duty of confidentiality and shall sign a confidentiality declaration. While Norway has a good record on equal opportunities for women, the proportion of women in management is relatively low. Adopted by the General Assembly resolution 46/91 of 16 December 1991. If the committee has more members, each gender shall be represented by at least 40 per cent of the members. Following the Gender Equality Act 3/2007 (Article 75), in 2015, the Code of Corporate Governance of the CNMV established its fourteenth recommendation to reach a 30 per cent of female board members in 2020, and that the board of directors should approve a policy of selection of directors that, among other things, should favor gender diversity. This Act also applies on fixed and mobile installations in operation on the Norwegian continental shelf, and aboard Norwegian ships and Norwegian aircraft irrespective of their location. «Equality» means equal status, equal opportunities and equal rights. Public undertakings shall make active, targeted efforts to promote universal design in their operations. The provisions on the burden of proof in section 37, first paragraph, do not apply in connection with enforcement of this provision. NO Constitutional provision. This Act shall apply as of the date determined by the King. It was gradually expanded up to 14 weeks (for each parent), reduced to 10 weeks in 2013, and expanded to 15 weeks again in 2018. The prohibition shall also apply to discrimination on the basis of the gender of a person with whom the person who is discriminated against has a connection. Norwegian society emphasises that ideally gender should not limit educational or career choices, something that is stressed in § 1 of the Norwegian Gender Equality … Prohibition against instructing a person to discriminate, harass or retaliate, Section 16. The first paragraph shall not apply to committees, etc. The selection of committees, etc. An individually adapted introductory programme for newly arrived immigrants provides basic skills in Norwegian and gives insight into Norwegian society. Adopted by UN General Assembly resolution A/54/4 on 6 October 1999 and opened for signature on 10 December 1999, Human Rights Day, entry into force 22 December 2000. which pursuant to law shall only have members taken from directly elected assemblies. return to the same, or a corresponding, position, benefit from improvements in working conditions to which the worker would otherwise have been entitled during the absence, and. Breach of the duty to ensure universal design or individual accommodation, Section 13. The main tasks of the Commission is the promotion of women's rights in a broad range of fields, as well as to develop recommendations and proposals for action on urgent problems in the field of women's rights. Erna Solberg is the prime minister of Norway who has been serving the office since 2013. Yet, although Norway has a strong focus on egalitarianism, the labour market is characterised by strong patterns of vertical sex segregation. In cases processed by the Equality and Anti-Discrimination Ombud and the Anti-Discrimination Tribunal, an organisation that has anti-discrimination work as its sole or partial purpose may be used as an authorised representative. The fight for equal … The employer shall provide information about education, experience and other formal qualifications. The grounds for this resolution are the increasing problems posed by international prostitution and the trafficking of women and children for sexual purposes. In cases before the courts, a person appointed by and associated with an organisation that has anti-discrimination work as its sole or partial purpose may be used as counsel. Whereas the Norwegian Gender Equality Act (June 9, 1978) had a general scope from the outset covering all areas of social life except the internal affairs of religious communities, the Swedish Equal Opportunities Act (1979:1118/1991:433) covered gender equality in the labor market only, and only later the legal scope expanded to other areas of . In 2018, it was merged with three other laws, into the Equality and Anti-Discrimination Act. The first paragraph shall also apply in connection with the selection of deputy members. Legal authenticity remains with the Norwegian version as published in Norsk Lovtidend. Social Politics.11 (1): 4-29 3. A person who is the subject of treatment in breach of: In employment relationships and in connection with an employer's selection and treatment of self-employed persons and hired workers, employer's liability exists irrespective of whether the employer can be blamed. Existing ICT solutions shall be universally designed as of 1 January 2021. Section 5. Section 5. Found inside – Page 453capabilities of gender + equality promotion in the Norwegian context did not succeed as the political will to anchor ... Since 1981, as part of a revision of the Gender Equality Act, the Act has stated that both genders should be ... The Norwegian Gender Balance Law (GBL) w as proposed in June 14th 2003, made into a law on Decem ber 9th 2005, and implemented from Jan- uary 1st 2006 with a two-y ear … The present article provides data from a study of 2 cases in which new protected areas have recently been established. Prohibition against harassment. If the committee has six to eight members, each gender shall be represented by at least three members. The King shall issue regulations on enforcement and reporting. Design and development: Snapper Net Solutions, Norwegian Equality and Anti-Discrimination Act, Equality and Anti-Discrimination Ombud Act, Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), Read more at United Nations / The Office of the United Nations High Commissioner for Human Rights, The Commission on the Status of Women (CSW), Read more at ECOSOC / UN Division for the Advancement of Women, Security Council Resolution 1325 on Women, Peace and Security. In Norway, there is a law on equality and a ban on discrimination, with effect from 1.1.2020, which requires all Norwegian employers to work actively, purposefully, and systematically to promote equality and prevent discrimination. Adopted by the Security Council at its 4213th meeting, on 31 October 2000. Photo: IStock by Getty Images. There is to be an even gender balance among Norwegian participants in peace and reconciliation processes. Adopted and opened for signature, ratification and accession by UN General Assembly resolution 44/25 of 20 November, 1989, into force on 2 September, 1990, in accordance with article 49. Right to individual accommodation of pregnant job seekers, workers, pupils and students, Section 24. Among Holst's research interests are democratic and political theory, the role of expert knowledge in policy-making and gender-equality policy. A worker who suspects discrimination in the setting of pay shall be entitled to demand that the employer provide written confirmation of the pay level and the criteria for the setting of the pay of the person or persons with whom the person in question is making a comparison. A penalty of a fine or imprisonment for a term not exceeding three years shall be applied to any person who jointly with at least two other persons commits an aggravated breach of the prohibition against. Section 7. The King may issue regulations containing supplementary provisions on the content and conduct of the pay review. 59 relating to gender equality, the Act of 21 June 2013 No. Section 17. This duty shall include an obligation for public authorities to preclude harassment, sexual harassment and gender-based violence, and to counter stereotyping. Section 9. The Act gives relatives preference with respect to farm property and gives the eldest child, regardless of gender (until 1974 the eldest boy) first choice in taking over the farm. Efforts as specified in the second paragraph of the provision shall be made on an ongoing basis and in cooperation with employee representatives. The provisions of this Act may not be varied by agreement. These bodies shall include the reports in their annual budgets. If such information will be requested, this must be stated in the announcement of the position. Legal proceedings concerning the validity of an administrative decision made by Difi or by the appeals body must be instituted within three months of receipt of notice of the administrative decision. The first paragraph applies correspondingly to employers' selection and treatment of self-employed persons and hired workers. the person responsible fails to substantiate that discrimination did not in fact occur. This Act shall apply in all sectors of society. As a result of the change, the gender equality act no longer exists, and this has stirred up a storm of protests in the women's movement. Individuals may contact the crisis centre service without a referral or an appointment. The duty does not apply to ICT solutions whose design is regulated by other laws or regulations. Gender equality features as an integral part of the Act on Education, within the general part of the curriculum, as well as within/ the different aspects of the education curricula. Workers and job seekers with disabilities have a right to suitable individual accommodation in respect of recruitment processes, workplaces and work tasks, to ensure that they have the same opportunities as other persons to secure or sustain employment, benefit from training and other skills development measures, and carry out and have the opportunity to progress in their work. This right is limited in time, and is valid until the end of the twelfth week of the pregnancy. Differential treatment on the basis of pregnancy, childbirth, breastfeeding or leave in connection with childbirth or adoption is never permitted in connection with recruitment and dismissal. The Gender Equality Act applies to both women and men, and it is viewed as an instrument to. A worker who is or has been on parental leave pursuant to section 12-5 of the Working Environment Act is entitled to. This quote presents gender equality as a particular Norwegian value. This does not apply before the Supreme Court. 12. Changes to the Public Limited Liability Companies Act entered into force in 2006, requiring that both sexes shall be represented on company boards by 40 per cent. In 1878, the Norwegian Gender Equality Act was passed, aiming to equalize the treatment of women and men. In Norway, since 2003, publicly listed companies have been required to have 40 percent of each sex on their boards. The information may only be disclosed to the extent necessary to investigate whether the employer has complied with its activity duty and duty to provide documentation pursuant to section 26 of the Equality and Anti-Discrimination Act. The former UN Commission on Human Rights adopted decision 2004/110, by which it decided to appoint, for a three-year period, a Special Rapporteur on trafficking in persons, especially women and children, to focus on the human rights aspects of the victims of trafficking in persons. Norway has been developing gender equality policy for several decades. The Ombud has identified 5 main issues regarding the Norwegian gender equality policy, which we think is relevant when assessing Norway's compliance with the CEDAW Convention. The 18th principle states that: Older persons should be treated fairly regardless of age, gender, racial or ethnic background, disability or other status, and be valued independently of their economic contribution. The Convention also establishes a specific monitoring mechanism in order to ensure effective implementation of its provisions. General rule regarding the prohibition against discrimination. County chief administrative officers have been given the authority to enforce the provisions. 8 In 2002, the Norwegian Minister of Trade and Industry, Ansgar Gabrielsen, made a public announcement that a law regulating gender balance on corporate boards should be made. Gender equality is also made explicit in other Norwegian acts and regulations. 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