Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Norway (Ratification: 1959)

The Committee notes with interest the adoption of new legislation in the field of equality and non-discrimination. It notes in particular the following: the Act (No. 33 of 2005) on the prohibition of discrimination based on ethnicity, religion, etc. (Anti-Discrimination Act); the Act (No. 38 of 2005) to amend the Act (No. 45 of 1978) respecting equality between the sexes, etc. (Implementation of Directive 2002/73/EC of the European Parliament and of the Council and incorporation into Norwegian law of the United Nations Convention on the Elimination of All Forms of Discrimination against Women and its Optional Protocol); the Act (No. 40 of 2005) on the Equality and Anti-Discrimination Ombud and the Equality and Anti-Discrimination Tribunal (Anti-Discrimination Ombud Act); and Chapter 13 concerning protection against discrimination of the Act (No. 62 of 2005) relating to working environment, working hours and employment protection, etc. (Working Environment Act). The Committee notes that the Anti-Discrimination Act of 2005 prohibits and defines direct and indirect discrimination on the grounds of ethnicity, national origin, descent, skin colour, language, religion or belief, and prohibits harassment and instructions to discriminate on the basis of these grounds, as well as acts of reprisal. The Act also provides for positive action and the shifting of the burden of proof on the person allegedly responsible for breaching the provisions of the Act. The Committee further notes the new provisions pursuant to the amendments to the Gender Equality Act of 1978 concerning the obligation of employers, organizations and institutions to prevent sexual harassment, the shared burden of proof and the objective liability for damages in cases of infringements of the law. Finally, it notes that Chapter 13 of the Working Environment Act prohibits direct and indirect discrimination on the basis of political views, membership of a trade union, sexual orientation, disability or age, as well as harassment and the instruction to discriminate on the basis of these grounds. With respect to discrimination based on gender, the Working Environment Act specifies that the Gender Equality Act will apply and, with respect to discrimination on the basis of other grounds, the Anti-Discrimination Act will apply. The Working Environment Act further provides for protection against discrimination in all aspects of employment and contains provisions on the burden of proof and preferential treatment. The Committee asks the Government to provide information in future reports about the application in practice of the Gender Equality Act, the Anti-Discrimination Act, the Working Environment Act and the Anti-Discrimination Ombud Act.

The Committee is raising other points in a request addressed directly to the Government.