Implementation issues

• Author: Løvdal, Lene
• Pages: 85-89

85

8 IMPLEMENTATION ISSUES

8.1 Dissemination of information, dialogue with NGOs and between social

partners

a) Dissemination of information about legal protection against disc rimination (Article

10 Directive 2000/43 and Article 12 Directive 2000/78)

The Ombud had a specific duty to disseminate information about legal protection against

discrimination,299 but this is no longe r specified anywhere. The current mandate of the

Ombud is:

• to promote equality an d prevent discrimination on the basis of sex and gender,

pregnancy and, parental leave, care work, ethnicity, religion, life stance, disability,

sexual orientation, gender identity, gender expression and age, in all areas of

society;

• provide advice about discrimination law; and

• monitor the implementation of the UN conventions CEDAW, CERD and CRPD. 300

Additionally, public authorities have a general p roactive duty according to A rticles 24-26

of the GEADA, to ma ke active, t argeted and systematic efforts to promote non-

discrimination policies and measures regarding ethnicity, sexual o rientation and disability

in al l sectors of society. This includes dissemination of information. The department for

equality and universal design in the Directorate f or Children, Youth and Family Affairs

(BufDir), plays a major role in fulfilling this duty. The department’s recently developed

strategy has five aims:

1. contribute to an equal and inclusive educational and working life;

2. increase knowledge and awareness about discrimination within the areas of

responsibility of the various ministries and in the population at large ;

3. provide available, up to date and applicable statistics, indicators and knowledge

about equality and universal design;

4. promote cooperation and coordination for a holistic and targeted effort; and

5. develop their work with inclusion and equality as an employer.301

A proactive duty is also required from employers wit h more than 50 employees.

However, since there is no duty for employers to report on their efforts regarding

grounds other than sex and gender, this proactive duty has limited effect.

b) Measures to encourage dialogue with NGOs with a view to promoting the principl e

of equal treatment (Article 12 Directive 2000/43 and Article 14 Directiv e 2000/78)

Although there are no formal rules in the anti-discrimination legislation on dissemination

of information, social dialogue or dialogue with NGOs by the authorities, there is a broad

tradition in Norway to regularly undertake public consultations with NGOs and social

partners. NGOs and social partners are in general invited to participate in referee g roups

when new legal proposals are being drafted, and are also recipients of wh ite papers and

law proposals for consultative purposes before legislation is enacted. The various action

plans (see chapter 9 below) are usually drafted and implement ed in close collaboration

with NGOs and social partners.

The Directorate for Children, Youth and Family Affairs (BufDir), and esp ecially the

Ombud, cooperate with NGOs systematically.302 Although recommendations from NGOs

299 AOT regulations, Article 1.

300 EAOA, 2018, Article 5.

301 Email to the author from BufDir (12 April 2019).

302 Emails to the author from BufDir (12 April 2019) and the Ombud (12 April 2019), translated by the author.