Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

Article 1(1)(b) of the Convention. Legislative developments. Discrimination based on disability. The Committee notes with interest the adoption of Act No. 42 relating to a prohibition of discrimination on the basis of disability (the Disability and Accessibility Act) on 20 June 2008, which entered into force on 1 January 2009. The Act applies to all areas of social life, including employment and occupation. It defines and prohibits direct and indirect discrimination, harassment and victimization. It also contains provisions on reasonable accommodation and the burden of proof. The Act provides for an obligation of public authorities, as well as public and private employers to make active, targeted and systematic efforts to prevent discrimination and ensure equal opportunities, and to report thereon (section 3). Employers’ and workers’ organizations have a corresponding duty in their field of activity. The Committee asks the Government to provide information on the implementation of the Disability and Accessibility Act, including information on the implementation of section 3 thereof, as well as any relevant decisions issued by the Equality and Anti-Discrimination Ombud or Tribunal, or the courts.

Anti-Discrimination Act. The Committee notes that the amendments to the Anti-Discrimination Act which entered into force on 1 January 2009 provide, similar to the Disability and Accessibility Act and the Gender Equality Act, for an obligation to make active, targeted and systematic efforts to prevent discrimination and ensure equal opportunities, and to report thereon. It also notes that some of the main objectives of the Action plan to promote equality and prevent ethnic discrimination 2009–12 are to ensure proper implementation of this new duty, as well as to increase knowledge of the nature, scope and causes of discrimination. The Committee asks the Government to provide information on the implementation in practice of these new obligations under the Anti-Discrimination Act, and on the implementation of the Action plan 2009–12.

Article 1(1)(a) and Article 2 of the Convention. Prohibited grounds of discrimination. Social origin. The Committee previously noted that the non-discrimination legislation does not cover the prohibited ground of social origin, which is one of the grounds listed in Article 1(1)(a) and, accordingly, must be covered by the national policy to promote equality of opportunity and treatment in employment and occupation to be adopted and implemented in accordance with Article 2. The Committee also emphasizes that, when legislative expression is being given to the provisions of the Convention, all the grounds set out in the Convention should be included. With a view to determining the extent to which the legislation covers discrimination based on social origin, within the meaning of the Convention, the Committee reiterates its requests to the Government to elaborate on the meaning of the term “descent” which is referred to as a prohibited ground of discrimination in section 4 of the Anti‑Discrimination Act of 2005, including by providing any relevant interpretations given by the courts. The Committee also asks the Government to provide information on the results of the work of the Law Commission established in 2007 with a view to proposing consolidated anti-discrimination legislation and trusts that steps will be taken to ensure that the ground of social origin is covered by the legislation.

Scope of legislative protection. The Committee notes that the regulations issued under section 1-5 of the Working Environment Act with regard to work performed at the home of the employee or the employer do not appear to provide specific protection from discrimination based on political opinion, while protection for these workers against discrimination based on other grounds is available under the Gender Equality Act and the Anti-Discrimination Act. The Committee requests the Government to take measures to ensure that home‑based workers and domestic workers are protected against discrimination on all the grounds listed in the Convention, like all other workers, and to indicate any steps taken in this regard.

Article 1(2). Inherent requirement of the job. The Committee notes the information provided with regard to the application of the exceptions clause set out in section 13-3 of the Working Environment Act which allows discrimination “which has a just cause”. The Committee notes that most of the discrimination cases brought under the Act relate to age and that the Equality and Anti‑Discrimination Ombud has not yet found in any case that differential treatment was justified. However, the Government indicates that, in principle, the Ombud’s opinion is that for an exception to be just cause it must be related to the inherent requirements of the job. The Committee asks the Government to continue to provide information on the application in practice of section 13-3 of the Working Environment Act.

Article 2. Promoting and ensuring equality of opportunity and treatment of men and women. The Committee notes with interest that the requirement for public limited companies to ensure balanced representation of men and women on their boards, introduced in 2004, resulted in achieving a 40 per cent share of women on the boards of these companies, compared to 7 per cent representation in 2003. The Committee asks the Government to continue to provide information on the measures taken by the Government to ensure that men and women are equally represented on company boards, as well as in management positions in the private and public sectors, more generally.

The Committee notes the information provided by the Government with regard to the specific measures taken under the Plan of Action for Equality
(2009–10) with a view to reaching the target of 20 per cent male employees in Norwegian kindergartens. The Committee asks the Government to provide information on the measures taken or envisaged aimed at the reduction of horizontal segregation of the labour market by gender and on the results achieved by such action, including information on the progress made in reaching the objective of 20 per cent male employees in kindergartens. Please provide updated statistical information on the position of men and women in the labour market, including their share in part-time work.

Equality of opportunity and treatment irrespective of race, colour and national extraction. The Committee notes the information provided by the Government regarding the registered unemployment of immigrants which increased more rapidly than for the rest of the population between May 2008 and May 2009. It also notes some of the reasons explaining the low employment levels of female immigrants, especially from Somalia, Pakistan, Afghanistan and Iraq, including language skills and education, care-giving responsibilities and attitudes towards labour force participation as well as structural barriers. The Committee also notes, that according to the report, multiple discrimination faced by immigrant women can be particularly serious and that substantial variations in the manifestations of discrimination exist between immigrants with different backgrounds. The Committee notes the information provided by the Government regarding measures to increase employment rates of the immigrant population, and to improve their recruitment and integration in the government sector, as well as regarding the implementation of the Introductory Act aiming at the integration of newly arriving immigrants, including through language training schemes. The Committee also notes that, according to the report, targeted measures taken by public and private employers, including the establishment of plans and goals with regard to achieving diversity at the workplace, have resulted in increased access of persons with immigrant background to employment. The Committee requests the Government to continue to provide detailed information on the measures taken to promote equality of opportunity and treatment irrespective of race, colour or national extraction, as well as information on results achieved. In this regard, the Committee requests the Government to provide detailed statistical information on the position of men and women with immigrant backgrounds in employment and occupation.

Articles 2 and 3. Collective agreements and cooperation with employers’ and workers’ organizations. The Committee notes the observations of the Organization for Trade and Private Enterprise in Norway (HSH), indicating that collective agreements under the responsibility of the HSH contain provisions aimed at preventing discrimination and promoting equal treatment regardless of gender. The HSH also notes that it is part of a group initiated by the largest employers’ and employees’ organizations in Norway together with the Norwegian Government, with the aim of preventing certain groups from being excluded from the labour market due to irrelevant individual considerations. The Committee welcomes this information and requests further information on the tripartite initiative to combat exclusion in the labour market, and the results obtained. It would also be grateful for examples of the non-discrimination clauses in collective agreements, and for information on whether such clauses cover grounds other than gender.

Enforcement. The Committee notes the support provided to the Equality and Anti-Discrimination Ombud through the European Union’s framework programme PROGRESS 2007–13, for the undertaking of the campaign “Fostering good practices in the workplace”, which resulted in an increased demand for guidance by social partners regarding their obligation to promote equality. The Committee asks the Government to continue to provide information on the activities carried out by the Equality and Anti‑Discrimination Ombud and Tribunal with regard to discrimination in employment and occupation, including information on the number, nature and outcomes of cases relating to such discrimination.