Strengthening the institutional mechanisms
for equality:
A joint machinery against all forms of
discrimination
May
2005 the Parliament approved a government proposal for a joint machinery
against all forms of discrimination. This new institutional mechanism was
established 1 January 2006.
The
new machinery integrates the task of the Gender Equality Ombud, the Gender
Equality Board of Appeals and the Gender Equality Centre and the Centre against
Ethnic Discrimination, as well as performing tasks related to new acts and
areas.
The
machinery consists of to parts
- the
Equality and Anti-discrimination Ombud, and
- the
Equality and Anti-discrimination Tribunal
The
Ombud (one person) and the Tribunal – consisting of totally eight members and
four substitutes, preferably judges and lawyers – are appointed by the
government.
Both
the Ombud and the Tribunal are state funded, but they are by parliamentary law
made independent of governmental instructions in their work. The main reason
for this, is that the Ombud and the Tribunal also shall be free to make
recommendations and pass rulings over incidents which involve the government
and state institutions (even though they cant annul or alter other public
authorities decisions).
The
new Ombud and Tribunal are, designed to be fully accessible to the general
public and all service is free of charge.
The
new Equality and Anti-discrimination Ombud shall enforce the various Norwegian
anti-discrimination acts and prohibitions;
- the Gender Equality Act
- the
new Act relating to prohibition of discrimination on the basis of ethnicity,
national origin, ancestry, skin colour, language, religious and ethical
orientation (Discrimination Act)
- the
anti-discrimination regulations in the Labour Environment Act (These are regulations
that protect against labour market related discrimination on the basis of
gender and ethnic origin etc. as well as on the grounds of disability, sexual
orientation, age and political conviction)
- the
anti-discrimination regulations in the habitation legislation.
- Very
likely, the new Ombud will also enforce a probable new Act relating to
prohibition against discrimination on the basis of disability (Discrimination
and Accessibility Act)
The
Ombud has competence to investigate incidents where alleged breaches of the law
have taken place. Following investigations of complaints the Ombud may then
make a recommendation. The parties are
not legally bound to comply with the recommendation, but they are
normally accepted and followed. If one party can not accept the Ombuds
recommendation, he or she can complain to the Equality and Anti-discrimination
Tribunal.
The
Equality and Anti-discrimination Tribunal deals with complaints over the
Ombud’s recommendations. The Tribunal can confirm or change the recommendations.
The Tribunal’s rulings are legally binding.
If a decision is not followed within a certain time limit given by the
Tribunal, the Tribunal can give the discriminating party a daily fine until the
decision is followed. There is no upper limit to the fine.
The
Ombud shall also look after the implementation of the UN Convention on the
Elimination of All Forms of Discrimination against Women (CEDAW) and the UN
International Convention on the Elimination of All Forms of Racial
Discrimination in Norwegian law and public governance (CERD).
The
Ombud shall also actively promote equality for all discriminated groups under
its scope of action, and to develop new knowledge through documentation and
monitoring.
The
Ombud represents a broad and integrated approach to discrimination. It has a
potential to tackle multiple discrimination and discrimination at the
intersection of gender and other axes of discrimination. One example is labour
market discrimination of women wearing religious headscarf, hijab. Finally, the
decisions and opinions of a joint mechanism will hold more authority.
More information:
The Act on the Equality
and Anti-Discrimination Ombud and the Equality and Anti-Discrimination Tribunal
(The Anti-Discrimination Ombud Act).
The Act on prohibition of
discrimination based on ethnicity, religion, etc. (the Anti-Discrimination Act)
(unofficial translation)
The Act relating
to Gender Equality (the Gender Equality Act)
Act relating to
worker protection and working environment
Regulations - Equality and
Anti-Discrimination Ombud
Gender Budgeting
