Demande directe (CEACR) - adoptée 2013, publiée 103ème session CIT (2014)

Convention (n° 111) concernant la discrimination (emploi et profession), 1958 - Norvège (Ratification: 1959)

The Committee notes the observations made by the Confederation of Unions for Professionals (UNIO) and the Confederation of Norwegian Enterprise (NHO), which were submitted with the Government’s report.

Legislative developments. The Committee notes the adoption, on 13 June 2013, of a new Act prohibiting discrimination on the grounds of sexual orientation, gender identity and gender expression, which will come into force on 1 January 2014. The Committee also notes the Government’s indication that amendments to the Gender Equality Act, the Anti-Discrimination Act and the Anti-Discrimination and Accessibility Act were adopted on the same occasion and will be effective as of January 2014. The Committee asks the Government to provide a copy of the new Act prohibiting discrimination on the grounds of sexual orientation, gender identity and gender expression, as well as of the amended Acts referred to above. Please also provide information on the implementation of these legislative changes and on any further legislative developments with regard to the application of the Convention.

Article 1(1)(a) of the Convention. Social origin. In its previous comments, the Committee noted that the anti-discrimination legislation does not explicitly provide for the prohibition of discrimination based on social origin. The Committee notes the Government’s indication that the Law Commission established in 2007 concluded that the discriminatory ground of social origin, as defined in the Convention, is covered by the concepts of “descent” and “ethnicity, which are enumerated as prohibited grounds of discrimination in section 4 of the Anti-Discrimination Act. The Government further indicates that no new grounds of discrimination have been added in the context of the amendments to the Anti-Discrimination Act adopted in June 2013. The Committee requests the Government to provide detailed information on any cases handled by the Equality and Anti-Discrimination Ombud and the Tribunal specifically addressing discrimination on the grounds of descent and ethnicity, including information on the number, nature and outcome of such cases.

Discrimination on the basis of political opinion. The Committee previously noted that the regulations issued under section 1-5 of the Working Environment Act regarding domestic workers and home-based workers do not appear to provide protection from discrimination based on political opinion. The Committee notes the Government’s indication that it is currently evaluating national regulations concerning domestic workers in light of the Domestic Workers Convention, 2011 (No. 189), and that it will ensure that domestic workers are fully protected against discrimination on all the grounds set out in the Convention. Noting that the Government’s report contains no information with regard to home-based workers, the Committee asks the Government to indicate how it is ensured in practice that this category of workers is protected against discrimination on the basis of political opinion. Please also provide information on the concrete steps taken to ensure that domestic workers are protected against discrimination on all the grounds enumerated in the Convention, and on the progress made in this respect.

Article 2. Equality of opportunity and treatment of men and women. The Committee notes the extensive information provided by the Government and the NHO with regard to measures taken or envisaged to address both vertical and horizontal segregation in the labour market. It notes, in particular, the adoption of “Equality 2014”, an action plan for gender equality (2011–14), which sets out a number of objectives, measures and indicators to be taken in collaboration with the social partners, aimed at ensuring gender equality in all aspects of employment and occupation. The Committee also notes the Government’s indication that a new mapping-study will assess the distribution of men and women by profession, occupation, industry and working hours in order to analyse gender-segregation in the labour market. The Government indicates further that the Ministry of Education and Research will study new measures to address gender disparities in educational choices. The Committee notes further the statistical information provided by the Government regarding the number of male employees in kindergartens, as well as the rates of men and women in part-time employment. The Committee asks the Government to continue to provide information on the specific measures taken or envisaged to address the vertical and horizontal dimensions of labour market segregation. Please provide updated statistical information on the distribution of men and women in the various sectors, positions and occupations in both the public and private sectors, as well as on the results obtained in the gender-segregation mapping study.

Equality of opportunity irrespective of race, colour and national extraction. The Committee notes the information provided by the Government regarding measures to increase the employment rates of the immigrant population, in particular inactive migrant women and immigrants with limited work experience. It also notes the statistical information on the employment rate of immigrants. In this connection, the Committee notes that, in its concluding observations of 11 March 2011, the UN Committee on the Elimination of Racial Discrimination expressed concern about the discrimination faced by immigrants, asylum-seekers, and refugees, as well as the Roma community, and recommended, among others, that the Government take active measures to improve their access to the labour market (CERD/C/NOR/CO/19-20, paragraphs 9 and 20). The Committee asks the Government to continue to provide detailed information on the measures taken, in collaboration with workers’ and employers’ organizations, to address discrimination based on race, colour or national extraction, and to promote equality, including with regard to the Roma and those with an immigrant background, in employment and occupation. The Government requests the Government to provide detailed statistical information on the labour market situation of the Roma, as well as men and women with an immigrant background.

Articles 2 and 3. Collective agreements and cooperation with employers’ and workers’ organizations. The Committee notes the Government’s indication that, pursuant to the 2011–14 Action Plan on Gender Equality, a forum has been established in order to strengthen cooperation with the social partners. The Government indicates further that one of the main focuses of the tripartite cooperation will be the exchange of good practices in combating discrimination in employment and occupation. The Committee requests the Government to continue to provide information on any action taken in cooperation with employers’ and workers’ organization to develop and implement measures to combat discrimination and promote equality in employment and occupation. The Committee once again asks the Government for examples of non-discrimination clauses in collective agreements, and for information on whether such causes cover grounds other than gender.

Enforcement. The Committee notes the information provided by the Government with regard to the nature and number of cases handled by the Equality and Anti-Discrimination Ombud and Tribunal. It notes, in particular, the Government’s indication that the Anti-Discrimination Tribunal handled 35 cases regarding discrimination in employment and occupation, between January 2012 and May 2013. It also notes the Government’s indication that the majority of cases of discrimination in employment and occupation handled by the Ombud between 2007 and 2012 related to discrimination on the ground of disability (51 out of 163 cases in 2012). In this connection, the Committee notes that, according to the comments provided by UNIO, the Commission appointed to report on Gender Equality Policy highlighted the need to strengthen the role of the Ombud, especially with regard to its capacity to re-examine decisions handed down by other administrative authorities and to grant free legal aid and advice. Noting that the Ombud recommendations are not legally binding, the Committee requests the Government to indicate the extent to which Ombud recommendations are implemented and what remedies are provided in cases of discrimination, including where workers are dismissed. The Committee asks the Government to continue to provide information on the number and outcome of cases handled by the Anti-Discrimination Ombud and the Tribunal, including the remedies provided. Please also provide information on any cases handled by the authorities regarding the duty of public authorities and employers to make active and systematic efforts to prevent discrimination and promote equality provided for in the anti-discrimination Acts