Human rights in Norway

=== The Constitution of Norway === Section E. of the Norwegian Constitution pertains specifically to the maintenance of human rights of all people within the state of Norway. Individual rights are granted by various articles, most notably: • Article 92 assures authorities of the State respect and ensure the relevant human rights outlined in the Constitution • Article 93 guarantees the right to life, and freedom from the death penalty and torture • Article 95 states the right to a fair trial, and makes judges and the courts independent • Article 98 defines all people as equal • Article 108 guarantees the preservation of Sami language, culture, and way of life • Article 109 assures the right to an education Although the Declaration is not legally binding in itself, subsequent international treaties, amendments to constitutions, and economic agreements affirm the declaration. The Universal Declaration of Human Rights (UDHR) is seen as the precursor to the International Bill of Human Rights, which consists of the UDHR, as well as the International Covenant of Civil and Political Rights (ICCPR, 1966) and the International Covenant on Economic, Social, and Cultural Rights (ICESCR, 1996). This extension of the UDHR provided a legal reason for states to ensure the maintenance of human rights, in addition to the moral obligation established by the initial proclamation of the UDHR in 1948. International Treaties As well as the UDHR, and the International Bill of Human Rights, Norway has ratified a variety of other international treaties focused on the maintenance of human rights:, those include: • Convention of the Prevention and Punishment of the Crime of Genocide (1948) • Convention Relating to the Status of Refugees (1951) • Convention on the Political Rights of Women (1952) • Convention Relating to the Status of Stateless Persons (1954) • Supplementary Convention on the Abolition of Slavery (1956) • Convention on the Nationality of Married Women (1957) • Convention on the Reduction of Statelessness (1961) • Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages (1962) • International Convention on the Elimination of All Forms of Racial Discrimination (1965) • International Covenant on Economic, Social and Cultural Rights (1966) • International Covenant on Civil and Political Rights (1966) • First Optional Protocol to the International Covenant on Civil and Political Rights (1967) • Convention on the Elimination of All Forms of Discrimination Against Women (1979) == Civil and political rights ==

These liberties are granted by the Constitution of Norway: Judicial rights A variety of judicial rights are ensured under sections D and E of the Norwegian constitution. The constitution prohibits arbitrary arrest, and supports the detainee should they desire to challenge the lawfulness of an arrest. All persons within the state of Norway are eligible for a fair and public trial, where publicly funded access to a legal counsel of their choice is ensured. An independent and impartial judiciary is required under Norwegian law. Prison conditions in Halden, Norway The Norwegian prison system is praised as an exceptional model with extraordinarily low re-offending rates. The Norwegian model is focused on rehabilitation, rather than retribution, whereby the prison officers' main role is to mentor, not punish. Inside a Norwegian prison, human rights are guaranteed for the prisoners, with healthy food, exercise, and standard living conditions guaranteed. Guards and prisoners occupy the same spaces, eat the same meals, and participate in activities together, allowing personal bonds to develop to aid rehabilitation of the prisoners. This strategy is known as 'dynamic security'. == Economic, social, and cultural rights ==

Women's rights woman, the Sami people are the Indigenous inhabitants of Norway The prohibition of discrimination against women is guarded by law. Penalties can extend to up to 21 years' incarceration for crimes such as rape. Issues including domestic violence and sexual harassment continue to remain a problem in Norwegian society. 27% of women experience physical and/or sexual violence from an intimate partner within their lifetime, and 6% in the last 12 months. The conviction rate for domestic violence sits at 10%, causing criticisms by institutions such as the Oslo Crisis Centre that the government is not doing enough to reduce rates of gender-based violence. The National Coordination Unit of Victims of Human Trafficking (KOM) was initiated to reduce the number of women who fall victim to sex trafficking within Norway, in an effort by the Norwegian government to address the rising number of sex trafficking victims. Despite Norway's welcomed efforts by the UN, the number of victims of sex trafficking in Norway continues to rise, increasing from 203 to 292 victims from 2007 to 2009. The plan has five main goals which Norway aims to promote to reduce discrimination and violence against women. The five aims are: • Inclusive and equitable quality education for all girls and boys • Women's equal participation in political life • Full economic rights for women and equal opportunities for women to participate in the labor market • The elimination of violence and harmful practices against girls and women • Sexual and reproductive health and rights for girls and women Citizenship within Norway is granted through parents; children born in Norway do not automatically become citizens. The European Court of Human Rights ruled that Norway, which disproportionately removes children of immigrant background and argues it gives them a better future, was mistaking poverty for neglect and that there are other ways to help destitute children. Indigenous rights family The Sami people are the inhabitants of the northernmost parts of Norway, Finland, Sweden, and the Kola Peninsula of Russia. Despite the bureaucratic boundaries existing between the four states, the Sami people continue to operate as a single group, bonded through their rich cultural and linguistic connections. 1980 saw the creation of the Sami Rights Commission, which was enacted to address the economic and political issues of the Sami people. It was this that led to the creation of the Sameting, also known as the Norwegian Sami Assembly. This body mainly serves to ensure the rights of the Sami people, and sustain Norway's commitment to accomplish their international obligations. In today's world, the Sami people hold a large amount of autonomy, and have their own parliament to which they elect, called the Samediggi. After years of struggle, their autonomy is also protected by the Norwegian constitution, which states that "the authorities of the state shall create conditions enabling the Sami people to preserve and develop its language, culture and way of life". LGBT+ rights There exists legislation designed to prohibit discrimination based on sexual orientation and gender identity, in the broad scope of housing, employment, citizenship, and access to services provided by the government. Despite this, targeted violence towards transgender individuals is still not considered a hate crime within Norwegian legislation. The Norwegian Association of Gender and Sexual Diversity reported repeated concern about the lack of disclosure of sexual orientation as a reason for hate crimes. The government is attempting to address these concerns through more thorough and consistent training and education for police on LGBT+ discrimination. Disability rights The US Department of State reports that there was effective enforcement of laws which prohibit discrimination against the disabled community within Norway. Anti-semitism There is only a very small Jewish population in Norway, about 1400, half of which belong to Jewish congregations. In an effort to reduce antisemitism, the Norwegian government launched an 'Action Plan against Antisemitism 2016 - 2020', of which the four main points are: • Antisemitism holds a separate category of hate crime in police statistics • Education about antisemitism is integrated into all schools • Increased funding for Jewish museums and cultural institutions • Research into antisemitism and Jewish life is also funded == Human rights abuses ==

Current criticism The UN Universal Periodic Review describes statuses of human rights issues in Norway. In 2015, a Council of Europe Commissioner for Human Rights advocated for more policies advancing the empowerment of people with disabilities and full inclusion of Roma. Norway's parliament has refused to sign the UN Declaration on the Rights of Disabled Persons, and there are several reports of the human rights of various groups of disabled people not being fully recognized. Norway has been criticized for not judicially defining rape on the basis of lack of consent. Land rights of the Sami people The increased demand for natural resources in recent times has led to social conflict between the Sami people and the local communities of Norway. The construction of infrastructure such as buildings, roads, mines, and dams, all preside primarily in areas inhabited by the Sami people. This has led to contention between the land rights of the Sami people, and the employment and development opportunities that would arise from these projects for local communities. The traditional landowner rights granted to the Sami people under the Norwegian legislation allow for their rejection of development proposals should it prohibit their ability to pursue their traditional livelihoods. As well as the Norwegian constitution, this right is guaranteed via various multilateral treaties, including the International Convention on the Elimination of All Forms of Racial Discrimination, the International Covenant on Civil and Political Rights, and the United Nations Declaration of the Rights of Indigenous Peoples. Standards established via institutions such as the International Labour Organisation (ILO) and the Tribal People's Convention explain that in order for development on Indigenous land, such as the creation of infrastructure on Sami territory, must have the 'free, prior, and informed consent' of the party involved. In response to the land rights crisis in Northern Norway, the Norwegian government published the Finnmark Act of 2005, which provided partial protection of the Sami land in Finnmark Country. The act elucidated that ownership of land and natural resources would be changed from state ownership to local ownership, meaning that Finnmark Estate owned its own land. The Special Rapporteur of the United Nations provided a report praising the Norwegian response to the land rights crisis. ==References==