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

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

1. Prohibited grounds of discrimination. Further to its observation, the Committee recalls its previous comments concerning the absence of “social origin” as one of the prohibited grounds in the national legislation concerning discrimination in employment and occupation. It notes that section 4 of the Anti-Discrimination Act of 2005 prohibits direct and indirect discrimination based on a number of grounds, including descent. The Committee recalls that within the meaning of the Convention, discrimination based on social origin “arises when an individual’s membership in a class, socio-occupational category or caste determines his or her occupational future, either because he or she is denied certain jobs or activities, or because he or she is only assigned certain jobs. […] Social origin may be viewed mainly in terms of social mobility, defined as the possibility of an individual to move from one class or social category to another.” (See Special Survey on equality in employment and occupation, 1996,
paragraph 43.) The Committee asks the Government to clarify whether the prohibition of descent-based discrimination in the Anti-Discrimination Act is intended to encompass protection against discrimination based on social origin within the meaning of the Convention. Please also provide information in future reports on the practical application of the Act, including any judicial or administrative decisions concerning complaints relating to descent-based discrimination.

2. Article 1(2). Inherent requirements of the job. The Committee notes that section 13-3 of the Working Environment Act of 2005 provides that “discrimination that has a just cause, that does not involve disproportionate intervention in relation to a person or persons so treated and that is necessary for the performance of work or profession shall not be regarded as discrimination pursuant to this Act”. Recalling that the Convention only allows for exceptions to the principle of non-discrimination as far as they are based on the inherent requirements of the job, the Committee hopes that this new exception clause will be interpreted and applied narrowly, in accordance with the Convention. The Committee requests the Government to provide information in its future reports on the practical application of this provision, including decisions by the Equality and Anti-Discrimination Ombud and Equality and Anti-Discrimination Tribunal.

3. Scope of legislative protection. Further to its previous comments, the Committee notes that the Working Environment Act of 2005 continues to exclude certain categories of workers including those in the shipping, hunting and fishing sectors, but that workers in these sectors are protected against discrimination pursuant to the Gender Equality Act and the Anti-Discrimination Act of 2005. However, these Acts do not protect against discrimination on the basis of political opinion, a ground of discrimination referred to in section 13-1 of the Working Environment Act of 2005. The Committee further notes that domestic workers and homeworkers can be partly or wholly excluded from the application of the Act through regulations (section 1-5). The Committee therefore asks the Government: (1) to indicate in its next report how workers excluded from the scope of the Working Environment Act are protected against discrimination on the basis of political opinion; and (2) to provide information on any regulations adopted under section 1-5 of the Working Environment Act of 2005.

4. Equality of opportunity between men and women. The Committee notes the information provided by the Government in its reports on Conventions
Nos 111 and 122 on the increasing participation rates of women in the labour market. It notes that, despite similar employment figures for women and men, wide gender differences continue to exist in terms of working hours, pay, sectors and pensions. The number of women engaged in part-time work, especially undesired part-time work, continues to be much higher than the number of men. In 2005, women represented only 22 per cent of senior managers in the private sector and 23 per cent in the state sector. In addition, the Committee notes from the Government’s report that immigrant women face particular obstacles in working life (see also point 6 of this direct request). The Committee notes with interest the various measures taken and results achieved by the Government, in cooperation with the social partners, to address occupational segregation, to reduce undesired part-time work and to promote female entrepreneurship and women in decision-making and management positions. The Committee notes in particular the initiatives such as “Female Future” and “Women, Quality and Competence in the State Sector” aimed at improving women’s representation in middle and senior management positions and on boards of directors in the private and state sectors. It further notes the project “Top 10 International Women” aimed at increasing awareness and promoting recognition in Norwegian working life of the competence and skills of immigrant women, especially from non-Western countries. The Committee asks the Government to continue to provide information on the specific measures taken and the results achieved to eliminate the gender differences in the labour market, including with respect to male and female immigrants, to improve the employment situation of those engaged in undesired part-time work, and to increase the representation of women in senior management positions in the private and state sectors.

5. Employment of men and women in non-traditional occupations. With respect to its previous comments on the number of men employed in education and childcare occupations, the Committee notes that, between 2003 and 2005, the number of male employees in kindergartens increased from 4,606 to 5,712. Despite this positive result, the percentage of men working in kindergartens remained at only 8.8 per cent in 2005. The Committee however notes with interest that, under the Plan of Action for Equality (2004–07), the revised Framework Plan for the Content and Tasks of Kindergartens was adopted in 2006. The Framework provides binding goals for the sector and states that gender equality shall be reflected in the education and activities in kindergartens. The Committee asks the Government to provide information on the implementation and the results achieved under the Framework Plan for Kindergartens, as well as on any other measures to increase the percentage of men as well as women in non-traditional occupations.

6. Equality of opportunity and treatment with respect to race, colour and national extraction. The Committee notes the employment statistics by origin and sex provided by the Government in its reports on Conventions Nos 111 and 122 for the immigrant population in Norway. The statistics show that employment rates vary according to gender and origin, with the employment rate for male immigrants generally higher than for female immigrants, except for young second-generation immigrants. The Committee notes that the employment rates for immigrants from Western Europe are the highest (with 73 per cent for men and 61 per cent for women), with the lowest being for those from Africa (with
46 per cent for men and 36 per cent for women). The Committee further notes the various measures taken by the Government to integrate immigrants into the labour market and society, especially those coming from non-Western countries. It notes in particular the following: the establishment in 2006 of the Directorate for Integration and Diversity, the main task of which is to contribute to equality in living conditions and diversity through employment, integration and participation; the Act relating to introductory schemes for newly arrived immigrants (the Introductory Act) which aims to ensure that new immigrants are integrated into the labour market and society; and the measures to counteract exclusion on the basis of ethnic origin and to encourage persons with immigrant backgrounds to apply for government jobs. The Committee asks the Government to provide information on the impact of the measures taken to integrate immigrants into the labour market and, in particular, the impact of the Introductory Act and of the activities of the Directorate for Integration and Diversity on attaining equality in employment and occupation irrespective of race, colour and national extraction.

7. Enforcement. Parts II and IV of the report form. The Committee notes that the Equality and Anti-Discrimination Ombud and the Equality and Anti-Discrimination Tribunal have the authority to make recommendations and pass rulings with respect to decisions by, or general practices of, governmental and state institutions, including regarding those laws that might contravene equality and anti-discrimination legislation. The Ombud has the competence to investigate alleged non-compliance with the law and make recommendations, which can be appealed before the Tribunal. The rulings of the Tribunal are administratively binding but may be overruled by a court of law. The Committee also notes the specific responsibilities of the Ombud to promote equality with respect to the grounds set out in Article 1(1)(a) of the Convention and other prohibited grounds of discrimination, as well as its additional responsibilities to initiate and promote efforts to advance gender equality. The Committee asks the Government to provide information on the following: (1) the activities of the Equality and Anti-Discrimination Ombud to promote equality with respect to the grounds contained in Article 1(1)(a) of the Convention, as well as on the specific activities carried out in the context of its responsibilities to promote and advance gender equality; (2) the number of complaints received and their outcomes; and (3) any recommendations and rulings made by the Ombud and the Tribunal on the application of the equality and anti-discrimination legislation.