| For a summary of Norway’s review at the first cycle please click here. |
19th UPR session
Date of review: 28 April 2014
Date of report adoption: 4 July 2014
Document number: A/HRC/27/3
|
SUMMARY SOGIESC issues during Norway’s 2nd UPR review |
I. SOGIESC issues/recommendations identified by NGOs
Equality and non-discrimination
26. Joint Submission 1 (JS1) stated that same-sex couples have a right to marry but that it was not possible for such marriage to take place in the church. JS1 indicated that it awaited new regulation within the Lutheran church, in which the majority of the population were members.
27. With regard to transgender persons, JS1 noted the requirement for applicable persons to undergo a complete castration in order to obtain the correct legal gender. It called for a model where the affected persons decided on the nature and scope of the treatment they wished to undergo, without such treatment having implications on the correction of their gender.
Right to health
56. JS 1 stated that there was only one centre that legally offered treatment to transgender people, including hormonal and surgical treatment. This denied transgender people the opportunity of getting a second opinion.
Migrants, refugees and asylum seekers
87. JS1 stated that it has become increasingly difficult for asylum seekers to prove their sexual orientation following the ruling of the Norwegian Supreme Court that LGBT asylum seekers should not be sent to their home country if they would be required to hide their sexual orientation to avoid persecution, and the introduction of new regulations in The Norwegian Directory of Immigration. It called for a review of the existing practices.
II. Excerpts on SOGIESC issues from the national report
15. Human rights and democracy are key elements of the Norwegian value base. A long-term overarching objective is to ensure that universal human rights and fundamental freedoms become a reality for everyone in Norway, regardless of ethnicity, gender, religion, belief, age, sexual orientation, gender identity, gender expression, disability or other status.
Equal opportunities and non-discrimination
17. The Storting has also enacted into law the right to obtain information about other employees’ pay if one suspects pay discrimination on the basis of gender, ethnicity, belief, disability, sexual orientation, gender identity or gender expression. The new provisions aim to increase transparency with regard to pay in the workplace, and thereby make existing prohibitions against pay discrimination more effective. Amendments to the Anti-Discrimination Ombud Act have also been made to improve case-management capacity at the Equality and Anti-Discrimination Tribunal. The Government intends to submit a draft universal equality and non-discrimination act to the Storting.
Sexual orientation, gender identity and gender expression
21. Under the recent act relating to a prohibition against discrimination on the basis of sexual orientation, gender identity and gender expression, the protection against discrimination based on sexual orientation applies to all areas of society with the exception of family life and other purely personal relationships. The act also provides all transgender persons with clear protection against discrimination.
22. The action plan Improving quality of life among lesbians, gays, bisexuals and trans persons (2009–2012) was extended to the end of 2013. The action plan’s purpose was to prevent discrimination against – and promote better living conditions and quality of life for – lesbian, gay, bisexual and trans persons. One result has been the establishment of a national centre of expertise on sexual orientation and gender identity. This centre identifies, addresses and raises awareness about various challenges related to sexual orientation and gender identity, and keeps up-to-date on developments in the field at national and international level. The evaluation of the plan showed that its objectives in research and knowledge management was or would be reached by the end of the extended period. More expertise will still be needed, though. When it comes to developing services and building expertise among administrators and service providers, more work needs to be done before it can be said that the goals have been achieved.
23. Under Norway’s sex-change policy, persons who wish to undergo surgical gender confirmation treatment must agree to be sterilised as part of the treatment. The sterilisation requirement has been criticised by, among others, the Commissioner for Human Rights in the Council of Europe and by user groups. Users have also called for better treatment services for transgender persons in general. In the autumn of 2013, Norway’s Ministry of Health and Care Services instructed the Directorate of Health to appoint an expert panel to evaluate the criteria for changing gender, including whether the sterilisation requirement should be abandoned. The Directorate of Health will also submit a plan of action for improving health services in general to the group. Other relevant directorates will be invited to collaborate.
Refugees and asylum seekers
49. In 2012, the Ministry of Justice and Public Security issued instructions to the Norwegian Directorate of Immigration on processing asylum applications pertaining to lesbian, gay, bisexual, trans or intersex (LGBTI) persons. These instructions set out that it should not be expected, required or assumed that, if returned, LGBTI persons will be able to adapt to social, cultural and legal norms in the public sphere, or hide their sexual identity to avoid persecution.
Norway’s international priorities
Continue efforts to promote and protect human rights internationally, including empowerment of women, protection of human rights defenders, freedom of speech, efforts to end the death penalty, anti-discrimination measures, decent work, corporate social responsibility, support for children in general and girls in particular, and support for minorities including lesbians, gays, bisexuals and trans persons (LGBT) as well as indigenous peoples and persons with disabilities.
III. Excerpts on SOGIESC issues by UN agencies
Equality and non-discrimination
14. CAT noted, with concern, allegations of cases of ill-treatment, harassment, incitement to violence and hate speech towards minorities and other vulnerable groups, including persons belonging to the lesbian, gay, bisexual and transgender community.
Right to life, liberty and security of the person
24. CAT noted that the definition of torture in the Penal Code was not in full compliance with the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. While noting that Norway was drafting a new Penal Code, which would include discrimination based on political views and sexual orientation, CAT recommended that Norway consider amending its current definition of torture to include any form of discrimination as an element of the definition.
Migrants, refugees and asylum seekers
78. CEDAW urged Norway to take specific measures to address difficulties faced by lesbian and transgendered asylum seekers
IV. References to SOGIESC issues during the Working Group review
91. Australia observed that the UPR report highlighted the consistent promotion by Norway of human rights and democratic principles. Norway had introduced four new anti-discrimination acts in January 2014, covering sexual orientation, gender equality, ethnicity and persons with disabilities.
111. Estonia said that Norway had taken positive steps in ratifying international human rights instruments and in protecting the rights of indigenous peoples and minorities, including lesbian, gay, bisexual, transgender and intersex persons (LGBTI).
V. Conclusions and/or recommendations
Norway accepted the following recommendations:
131.36 Continue to take steps to ensure the rights of LGBT persons, women, ethnic minorities, and persons with disabilities are protected, including through implementation of the four new anti-discrimination acts that entered into force in January 2014 (Australia).
VI. Further information
You will find all documents relating to Norway’s second review at UPR-Info and OHCHR’s websites.