| For a summary of Norway’s review at the second cycle please click here. |
6th UPR session
Date of review: 2 December 2009
Date of report adoption: 4 January 2010
Document number: A/HRC/13/5
|
SUMMARY SOGIESC issues during Norway’s 1st UPR review |
I. SOGIESC issues/recommendations identified by NGOs
Right to privacy, marriage and family life
33. Grimstad MPAT-Institute, Norway and the Sexual Rights Initiative recommended, inter alia, that the Norwegian State: allow transsexuals the same access to a second medical opinion that is currently enjoyed by all others in the Norwegian health system; establish centres of competence where people with transtalents can meet skilled therapists who can meet their needs. It added that they must also fund and support the various needs of other transpeople; the options of identification must be made varied enough to encompass all genders; identification options must be based on self-perception and gender expressions, and not require any bodily changes; the offers to children who do not perform gender in accordance with the one assigned to them at birth, must be decentralised in order for these children to be met by networks that have the knowledge and capacity not to be disturbed by the children’s gendered expressions and; the offers of treatment to all transtalented must be a right enforceable by law.
II. Excerpts on SOGIESC issues from the national report
Institutions
22. The Equality and Anti-Discrimination Ombud is charged with monitoring the nature and scope of discrimination. The Ombud’s task is to strengthen efforts in the field of discrimination and equality and combat discrimination based on such factors as gender, ethnicity, disability, sexual orientation and age. III. IMPLEMENTATION OF HUMAN RIGHTS IN NORWAY, BEST PRACTICES AND CHALLENGES
A. Introduction
27. Human rights and democracy are key elements of the fundamental values of Norwegian society. Ensuring that the universal human rights and fundamental freedoms are enjoyed by everyone in Norway is a long-term, overarching goal. Everyone must have the same rights, obligations and opportunities, irrespective of ethnic background, gender, religion, age, sexual orientation or functional ability. Openness and tolerance are crucial to a multicultural society like Norway.
B. Non-discrimination and equality
The rights of gays and lesbians
42. Recent years have seen major developments in legislation relating to the rights of gays and lesbians in Norway. The Storting recently adopted a Common Marriage Act for homosexual and heterosexual couples. Same-sex couples also have the same rights as other couples to adopt children. Lesbian couples have the right to assisted conception.
43. A particular effort is being made to improve conditions for young gays and lesbians living outside large cities, gays in multicultural communities, gays engaged in organised team sports and gays/lesbians in the workplace.
44. In April 2009 the Government proposed amending the Working Environment Act. Under the proposal, religious communities will still have the right to treat gays and lesbians differently, provided that the differential treatment is objective, necessary and proportionate in relation to the communities’ religious practices.
45. In June 2008, the Government launched an action plan entitled Better Quality of Life for Lesbians, Gays, Bisexuals and Trans Persons 2009-2012 with a view to eliminating the discrimination experienced by many people in different phases of life and social contexts. The plan aims to improve the living conditions and quality of life of these groups.
Forced marriage
73. Forced marriage and aiding and abetting a forced marriage are punishable under Norwegian law. There are no certain statistics on the number of girls and boys in Norway, who are forced to marry, but forced marriage is known to occur among certain immigrant groups and there is reason to believe that the number of unreported cases is high. Feedback from various agencies that provide assistance shows that homosexuals from certain immigrant communities are also subjected to forced marriages and threats of forced marriage.
IV. NATIONAL HUMAN RIGHTS PRIORITIES
B. Implementation of human rights in Norway
Discrimination: make efforts to combat racism and all forms of discrimination, including discrimination on the basis of gender, ethnicity, religion, sexual orientation or disability; […]
III. Excerpts on SOGIESC issues by UN agencies
No references.
IV. References to SOGIESC issues during the Working Group review
57. Norway noted that hate crimes must be handled with great seriousness. Crimes will be considered as attended by aggravating circumstances if the offence is motivated by religion, national or ethnic origin, homosexual orientation, reduced physical or psychological ability or other circumstances. The police have since 2006 registered reports on hate crimes, resulting in better monitoring.
72. Colombia underscored Norway’s commitment to non-discrimination and its leadership on the issue of sexual orientation, Colombia asked Norway to provide more information on the equality and anti-discrimination ombudsman. […] Colombia congratulated Norway for putting in place the 2009-2012 action plan to promote equality and prevent discrimination, and in that context made a recommendation.
V. Conclusions and/or recommendations
Norway accepted the following recommendations:
105.21. Improve, with more in-depth efforts, the conditions of young gays and lesbians who live outside large cities and for those who live in multicultural communities (Colombia).
VI. Further information
You will find all documents relating to Norway’s first review at UPR-Info and OHCHR’s websites.