Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

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

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Article 1(1)(a) and (b) of the Convention. Legislative developments. The Committee notes the Government’s indication, in its report, that in July 2020 the Anti-Discrimination Tribunal was empowered to handle cases of unlawful retaliation against whistle-blowers (except in cases of termination or dismissal). It also notes the amendments to the Working Environment Act (WEA, already amended in 2015 and 2019) introducing, as of 1 January 2023, new regulations to strengthen the right to full-time work. In reply to the Committee’s previous comment, the Government indicates that a guide for the employer’s activity and reporting duties has been developed and that the Norwegian Labour Inspection Authority, the Equality and Anti-Discrimination Ombud and some employers’ and workers’ organizations compiled a guide to prevent and address sexual harassment at work. The Committee asks the Government to continue to provide information on any legislative development and its implementation in practice.

Article 1(1)(a). Discrimination on the basis of sex. The Committee notes the Government’s indication that an evaluation of the action plan against discrimination based on sexual orientation, gender identity and gender expression 2017–20 was carried out in 2021. The evaluation found that the impact of the measures linked to working life was not particularly high. Consequently, it recommended that measures targeting the world of work be continued in a new plan in a more concrete and binding way than previously. The action plan was renewed for 2021–23 but, in February 2023, a new action plan for gender and sexual diversity (2023–26) was launched, replacing the former action plan. The Committee also notes that a white paper on sexual harassment should be submitted to Parliament in 2024. The Government adds that 36 cases of alleged sexual harassment were brought before the Anti-Discrimination Tribunal during the reporting period: six were heard in full by the Tribunal and in four cases the Tribunal found in favour of the complainant. The Committee further notes that the United Nations (UN) Committee on the Elimination of Discrimination against Women (CEDAW) recommended that Norway ensure the effective implementation of criminal and administrative legislation for the prevention of sexual harassment in the workplace, with special attention to sectors with an increased risk, such as the fishing industry or the armed forces (CEDAW/C/NOR/CO/10, 28 February 2023, paragraphs 42-43). The Committee asks the Government to continue to provide information on: (i) the cases of sexual harassment, in employment or occupation, brought before the Anti-Discrimination Tribunal and their outcomes; and (ii) the implementation of the action plan for gender and sexual diversity (2023–26), in so far as it involves action against discrimination and harassment in employment and occupation.

Discrimination on the basis of social origin. In previous comments, the Committee noted that the anti-discrimination legislation does not explicitly provide for the prohibition of discrimination based on social origin. It explained that, contrary to what a Norwegian law commission established in 2007, the discriminatory ground of social origin, as defined in the Convention, is not fully covered by the concepts of “descent” and “ethnicity”. The Committee wishes to recall, once again, that 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 for an individual to move from one class or social category to another (1996 General Survey, Equality in Employment and Occupation, paragraphs 43-44). The Committee notes the information provided by the Government, in reply to its previous comment, on the number and outcomes of cases handled by the Anti-Discrimination Tribunal but highlights that all those cases are related to discrimination based on ethnicity in the strict sense of the term, and not on “social origin” within the meaning of the Convention. The Committee asks the Government to provide information on: (i) any measures taken or envisaged to prohibit explicitly discrimination based on social origin; and (ii) any cases handled by the Anti-Discrimination Tribunal specifically addressing discrimination related to social origin within the meaning of the Convention, including information on the number, nature and outcome of such cases.

Discrimination on the basis of political opinion. Domestic workers. Previously, the Committee noted the Government’s commitment to ensure that domestic workers are protected against discrimination on the basis of political opinion. The Committee notes the Government’s statement that Norway ratified the Domestic Workers Convention, 2011 (No. 189) in July 2021. The Committee asks the Government to provide information on any measures taken to ensure that all domestic workers are protected against discrimination on the ground of political opinion.

Article 2. Equality of opportunity and treatment for men and women. The Committee notes the data provided by the Government, showing that, in 2022, the proportion of men and women between 20 and 64 years of age in part-time employment was, respectively, 12.6 and 31.2 per cent. The Government emphasizes that the above-mentioned amendments to the WEA specified that “as a rule, an employee shall be employed full time” and that a need for part-time employment must be documented by the employer and discussed with the workers representatives (sections 14-1(a) and (b)). The Committee also notes the Norwegian Gender Balance Scorecard 200 published by the Centre for Research on Gender Equality (CORE) for 2022. According to this publication, within the 200 largest companies in the country, women represented only 15.5 per cent of Chief Executive Officers, 13 per cent of Board Chairs, 27 per cent of Executive Committee members, and 32 per cent of Board members. It further notes the concerns expressed by the CEDAW that: (1) women carry a disproportionate care burden (for children as well as for older family members), which hampers their career prospects; (2) the labour market remains highly segregated based on gender, with women being overrepresented in certain lower-paying sectors and in public and part-time positions and underrepresented in the private sector and in managerial posts; (3) there was no plan to systematically address discriminatory stereotypes concerning women and girls belonging to certain racial, ethnic and religious groups, resulting in intersecting forms of discrimination; and (4) girls’ and boys’ educational and occupational choices continued to be gendered. It recommended that the Government to adopt gender equality legislation which would require large companies to have at least 40 percent of their boards be women; extend this quota to medium-scale companies and to women’s representation at the executive level; and conduct a study on the underrepresentation of women in managerial posts, with a view to identifying potential gender bias and developing strategies to address it (CEDAW/C/NOR/CO/10, paragraphs 24, 36, 40, and 41(b)). The Committee asks the Government to continue to provide information on the initiatives taken to promote gender equality in employment and occupation, and to address the vertical and horizontal dimensions of labour market gender segregation. Please provide information, including labour market statistical information, on the progress achieved. The Committee also asks the Government to continue to provide information on cases dealt with by the Anti-Discrimination Tribunal concerning gender discrimination in employment.

Equality irrespective of race, colour, national extraction and religion. The Committee notes the Government’s statement that Norwegian working life is, to a certain extent, characterized by an ethnic division and that prohibition of discrimination is not sufficient: active equality efforts from many different actors (public authorities and private employers, in collaboration with workers and their representatives) are necessary. It also notes the information provided by the Government in reply to its previous comment, notably on: (1) the submission to Parliament, in December 2020, of a white paper on national minorities (that is, namely Kvens (Norwegian Finns), Forest Finns, Jews, Roma, and Tater/Romani); (2) the launch in 2020 of a web-based data hub on ethnic and religious minorities with statistics and research in areas such as work, education and economy; (3) the adoption of a new Integration Act that entered into force on 1 January 2021 which is aimed at, inter alia, supporting immigrants to integrate into Norwegian society and to become economically independent by acquiring formal qualifications and a stable connection to work life; (4) the “Job Opportunity” programme aimed at immigrants between 18 and 55 years of age who require basic qualifications and are currently not likely to get a job in the labour market (the main goal of this programme is to increase employment among immigrant women who are far from the ordinary labour market); (5) a grant to develop an existing online guide providing help and information to persons who have experienced racism and discrimination, so that it also applies to working life; (6) the presentation to Parliament, during the spring session of 2024, of a white paper on integration policy; and (7) the action plan against racism and discrimination on the grounds of ethnicity and religion (2020–23) comprising measures in relation to work life, education and public service (some of which take account of differences between genders), with a new plan expected by the end of 2023. The Committee also notes: (1) the information on the website of the Directorate of Immigration and Diversity (IMDi) that “Norwegian-born persons with immigrant parents are more often employed than immigrants but to a somewhat lesser extent than persons without an immigrant background” (according to an OECD report, in 2019 the, overall employment rates of immigrants’ offspring remained 10 percentage points below their peers with native-born parents, and gaps increase with qualification levels (OECD (2022), Skills and Labour Market Integration of Immigrants and their Children in Norway, page 8)); and (2) the CEDAW’s concerns that women belonging to underrepresented groups, who are disadvantaged and marginalized because of discriminatory structures, institutions and systems, including migrant women, Sami women, women with disabilities and women victims of gender-based violence, face barriers to integrate into the labour market (CEDAW/C/NOR/CO/10, paragraph 40(e)). The Committee asks the Government to continue providing information on: (i) any measures taken to fight racism and discrimination in the world of work and to facilitate the integration and access to employment and occupation of migrant workers and national minorities; (ii) how gender equality concerns are specifically taken into account in the formulation and implementation of such measures; and (iii) the measured impact and progress achieved.

Enforcement. The Committee notes the Government’s information about the initiatives (guidelines and templates, trainings, information campaigns, and so on) taken by the Directorate for Children, Youth and Family Affairs (Bufdir) as well as the Equality and Anti-Discrimination Ombud and the social partners, to support employers and public authorities in carrying out their obligations. The Government recognizes, however, that the strengthened obligations of employers with regard to equality are still not well known. In reply to the Committee’s previous comment, the Government also indicates that the Equality and Anti-Discrimination Ombud has been tasked with following up on the activity and reporting duty of public authorities and employers, and that it can appeal the employer’s equality report to the Anti-Discrimination Tribunal if it considers that it is flawed. In 2023, it appealed an equality report (that of the Police) to the Tribunal for the first time. The complaint has not been considered yet. The Committee also notes that the information provided by the Government on all the cases filed with and handled by the Anti-Discrimination Tribunal on various grounds (sexual harassment; ethnicity; religion and belief; political opinion; and gender, pregnancy, parental leave and care responsibilities) shows that only 40 per cent are examined in full by the Tribunal (150 out of 373 cases filed), and in only 37 cases (that is, namely 24 per cent of those examined and 10 per cent of all cases filed) the Tribunal concluded that there had been discrimination. The CEDAW had also expressed concerns about the low percentage of cases examined on the substance, adding that there are reports that there is no system in place to ensure that the Tribunal’s decisions lead to systematic and sustainable change. It had also recommended that the Government provide capacity-building programmes to judges and law enforcement officials to facilitate effective access to protection and independent and confidential complaint mechanisms for victims of sexual violence and discrimination in the workplace (CEDAW/C/NOR/CO/10, paragraphs 16 and 43(b)). In its 2022 country report on non-discrimination for Norway (page 61), the European network of legal experts in gender equality and non-discrimination also underlined that the total number of court cases on discrimination remained sparse, especially compared with the volume of cases brought before the Equality and Anti-Discrimination Ombud. The Committee asks the Government to continue providing information on: (i) any measures taken to enforce the duty of employers related to equality, and the results achieved; (ii) cases handled by the Anti-Discrimination Tribunal and the courts and their outcome; and (iii) measures taken to facilitate access of victims of discrimination to remedial procedures.