2 Human rights, the law and society
In short
In this chapter, you will read about what Norway and the UN says about persons with intellectual disabilities:
- The UN says that persons with disabilities have the same rights as everyone else.
- The government wants the UN convention to be a part of Norwegian law.
- Norway has its own Equality and Anti-Discrimination Act.
- Some people need help to get the same rights as others.
2.1 The Constitution and the CRPD
It is said in the Constitution of Norway that the Norwegian state is responsible for everyone’s human rights being respected. Human rights apply to everyone. However, society must take extra care to ensure that the human rights of persons with disabilities are respected. This is what the UN wanted to achieve when it created the CRPD.
What does the CRPD say?
The CRPD states that society shall ensure that everyone’s human rights are respected. The countries should ensure that rules and laws give persons with disabilities their rights. The authorities should listen to persons with disabilities and their organisations. If the state does not act as it should under the CRPD, it is failing in its duties.
More people should know about the CRPD in Norway
The government wants employees at the state and municipal level to know more about the CRPD. Bufdir has created a project to improve the way municipalities understand human rights and equality. This can improve the services and the cooperation between services.
The government wants CRPD to be a part of Norwegian law. The government is receiving help from experts to find out how they can do this in the best way possible.
Boks 2.1 The Equality and Anti-Discrimination Act
The Equality and Anti-Discrimination Act is a law saying that there must be equality in society. It also says that it is illegal to discriminate against people.
It is not legal to treat people differently due to
- a disability
- the gender they have, feel they are or want to be
- who they love
- how old they are
- their religion or beliefs
- a pregnancy or being on parental leave after having given birth or adopting a child
- someone looking after sick or ageing family members
- where someone’s family comes from
In addition to this law, there are also what are known as regulations. These regulations give more detail about the obligations to help people and use universal design.
When the law says something about persons with disabilities, this also applies to persons with intellectual disabilities.
2.2 Society’s view of persons with intellectual disabilities
Before the 1900s
Very little is written about persons with intellectual disabilities in world history. There was lots of prejudice, and many people were hidden away.
Up to the 1940s
Persons with intellectual disabilities were viewed as being different. They did not have the same rights as others.
1950s and 1960s
Norway created institutions for persons with intellectual disabilities. Those living in institutions lived differently than everyone else. They were not allowed to decide over their own lives.
1980s
Norway discovered that it was not good for people to live in institutions. The state decided that municipalities should manage services for persons with intellectual disabilities. This is called the Responsibility Reform (ansvarsreformen).
1991
The institutions were shut down. Municipalities were given responsibility for ensuring a good life for persons with intellectual disabilities. This was a positive step for equality and human rights.
People believed that persons with intellectual disabilities were sick
In the past, persons with intellectual disabilities did not have the same rights as others. At that time, this was not seen as discrimination. Instead, people believed that it was natural because persons with intellectual disabilities were sick or damaged. This way of thinking is known as the medical model.
We think differently today. Today the goal is that everyone shall have the same rights. Society must help to make this happen. This way of thinking is known as the human rights model.
How can persons with intellectual disabilities be heard in a democracy?
In a democracy, it is important that persons with intellectual disabilities get to express themselves, and to be heard. Democracy is a way of governing a country where everyone can take part in the decision-making process. Norway is a democracy.
Many people need extra help in order to be heard. Organisations for persons with intellectual disabilities can help more people to be heard. These organisations can tell politicians about issues that are important for persons with intellectual disabilities.
Many persons with intellectual disabilities need extra help to understand issues in society. Adapted information can make it easier to understand. When someone understands what an issue is about, they can tell their organisation and those around them what they think about the issue.
2.3 What rights do people in Norway have?
Everyone who lives in Norway has many rights whether or not they have any disabilities.
Equality
Equality means that everyone is able to participate in society in the same way and have the same rights. This is because each individual has the same worth as everyone else.
Real equality exists when everyone is seen and accepted for who they are.
The CRPD says that the countries shall work to make sure that people with disabilities are treated equally.
Deciding for oneself
Everyone has the right to decide over their own life. This is called self-determination.
Every person knows what they like and do not like. Also, what they think is important and unimportant. Therefore, no one should lose the right to decide for themselves because of an illness or injury nor if there is something they are not able to do themselves.
Contributing and being included
It is important for people to be a part of society, and to do something meaningful together with others. When everyone is included in society, more people are able to speak up if their rights are not being respected.
It is difficult for people to take part in society if they live, work and spend their entire time in an institution. Persons with intellectual disabilities must have the opportunity to live and work in the same places as others.
There are various reasons for discrimination
Persons with intellectual disabilities are just as different as everyone else. They can be discriminated due to different reasons. For example, a person can be discriminated due to both an intellectual disability and the colour of their skin.
It is important to remember that everyone is different when helping persons with intellectual disabilities. Also, it is important that groups working against discrimination make sure that persons with intellectual disabilities are not discriminated. For example, those working against discrimination against Sami people must also think about Sami people with intellectual disabilities.