Comprehensive protection against discriminiation (NOU 2009:14)

 

The Anti-Discrimination Act Commission’s report on a comprehensive protection against discrimination

The Commission to propose comprehensive anti-discrimination legislation was appointed by the Norwegian Government on 1 June 2007.

The Commission has submitted a proposal for a compiled and more comprehensive anti-discrimination Act. According to the mandate, the Commission has considered the following issues:

• A compiled Act against discrimination, including the question of whether new groups should be protected by the anti-discrimination legislation.
• The abolition of the special exemptions of religious communities from the prohibition against discrimination on the basis of gender or homosexual cohabitation stipulated in the Gender Equality Act and Working Environment Act.
• The ratification and implementation of The European Convention on Human Rights’ Protocol no. 12 on discrimination.
• Anti-discrimination provisions in the Constitution.
The nine members of the Commission were experts in anti-discrimination law, politics, human rights, labour law, etc. The chairman was Professor Hans Petter Graver LLD.

To make sure that affected interests and groups were included in the discussions, the Commission had a reference group consisting of representatives of different groups subject to discrimination, the social partners in the labour market and the Ministry of Government Administration and Reform (which is responsible for the state’s central employer function).

The Commission submitted its recommendations on 19 June 2009 (Official Norwegian Report (NOU) 2009: 14 “Et helhetlig diskrimineringsvern”). A partial recommendation regarding the exemptions for religious communities was submitted on 11 January 2008 (NOU 2008: 1 “Kvinner og homofile i trossamfunn”).

The Commission’s recommendations consist of five parts. Part I explains the background for the appointment of the Commission and contains a presentation of the Commission’s members, mandate, reference group and work, etc. An overview of the prevailing regulations, international regulations and foreign law is also given. In Part II, the Commission presents its proposal regarding a comprehensive Anti-Discrimination Act. In Part III, the Commission discusses the question of whether Norway should ratify Additional Protocol no. 12 to the European Convention on Human Rights. In Part IV, the Commission discusses the question of including an anti-discrimination provision in the Norwegian constitution and presents a draft constitutional provision. Finally, in Part V, the Commission presents a draft text of the Act and amendments to other Acts, with comments and an assessment of the financial and administrative consequences of the proposal.

A summary of the Commission’s assessments and proposal is given here, as well as an English translation of the Commission’s proposed Act relating to a prohibition against discrimination.