The Norwegian Gender Equality Act (previously called the Equal Status Act) entered into force in 1979, hereby introducing a Gender Equality Ombudsman and a Board of Appeals.
The background of the Gender Equality Act, was the discrepancy in the respective situations in which women and men found themselves. The presumption was that a special Gender Equality Act would wield great influence when in came to increasing awareness of the injustices which occured then and today. The Gender Equality Act is of a general nature. However, the Act comprises not only working life conditions, but covers all levels of society. Included in the Act are also special provisions for education, for school materials and for organizations.
An ombudsman is a person elected or appointed to take care for other peoples special interests, a person given special powers to receive complaints from individuals or groups, working to bring injustice to an end. The Gender Equality Ombudsman shall, according to the Act, contribute to promote equal status between women and men, and aims in particular at improving the position of women. The Gender Equality Ombudsman shall secure that the Act is enforced in all sectors of society, exept for internal conditions within religious communities.
The Ombudsman receives complaints on breaches to the law, gives information and advice about the law, and suggests settlements between the parties. Anyone can bring a case before the Ombudsman.
The Ombudsman also gives general information on the understanding of the Act. This is done through articles, interviews, lectures, plenary discussions as well as participation in committees.
This Act shall promote equality between the sexes and aims in particular at improving the position of women.
Public authorities shall promote gender equality in all sectors of society.
Women and men shall be given equal opportunities in education, employment and cultural and professional advancement.
This Act applies to discrimination between men and women in all areas, except for internal conditions within religious communities.
With regard to family life and purely personal matters, this Act is not to be enforced by the authorities mentioned in Art. 10.
In special cases the King may determine that the Act shall not apply, in whole or in part, to certain specific sectors. The opinion of the Board (cf. Art. lO) shall be obtained in such cases.
Differential treatment of women and men is not permitted.
The term " differential treatment " means treatment differentiating between men and women because they are of different sexes. The term also covers treatment which de facto results in an unreasonable disadvantage for one sex compared to the other.
Differential treatment which promotes gender equality in conformity with the objective of this Act, is not in contravention with the first paragraph. This also applies to special rights given to women based on the biological differences between the sexes.
The King may issue regulations regarding the kinds of differential treatment which can be accepted pursuant to this Act, including provisions on positive special treatment of men in relation to care for and education of children.
A job vacancy must not be advertised as being restricted to one sex unless there is an obvious reason for doing so. Nor must the announcement give the impression that the employer expects or prefers one of the sexes for the position.
In recruitment, promotion, notice to leave or temporary lay-offs of employees, no difference must be made between men and women in contravention with Art. 3.
A job applicant who has not obtained an announced position may require that the employer state in writing the education, experience and other clearly demonstrable qualifications for the position which are possessed by the person of the opposite sex appointed to the job.
If differential treatment of women and men in recruitment, promotion, notice to leave or temporary lay-offs can be established, the employer must substantiate that this is not due to the gender of the applicants or the employees.
Women and men employed by the same employer shall have equal pay for work of equal value.
The term "pay" includes ordinary remuneration for work as well as other supplements or cash bonuses, and other benefits given by the employer.
The term "equal pay" means that the pay is to be determined in the same manner for men and women regardless of gender.
If differential treatment regarding wages can be established between men and women performing work of equal value, the employer must substantiate that this is not due to the gender of the employees.
The King may prescribe by regulation what is to be considered the same employer in central and local government service.
Women and men shall have equal right to education.
The employer shall consider women and men on equal terms regarding training, further education and in granting leave of absence in connection with education etc.
Regarding admission to courses, schools and studies, and other efforts designed to promote recruitment to a particular trade or profession and when conditions are approximately equal, it will be possible to give priority to one sex if this will help to regulate in the long term any imbalance between the sexes in the trade or profession in question.
If differential treatment relating to circumstances mentioned in the second paragraph of this article can be established, the employer must substantiate that this is not due to the gender of the employees.
In schools and other educational institutions the teaching aids used shall be based on gender equality.
Any association shall be open to women and men on equal terms if
1. the membership of the association is of importance for the individual member's possibility for work or professional advancement, or
2. the object of the association is essentially to contribute to a solution to general problems of a social nature.
The injunctions of the first paragraph does not apply to associations where the main object is to promote the interests of one of the sexes.
The King shall appoint a Gender Equality Council where the authority and the number of members are to be decided by the Storting at any time.
The King shall appoint a Gender Equality Ombudsman and a Board - the Gender Equality Board of Appeals - to collaborate in the implementation of this Act. The competence of the Ombudsman and the Board shall comprise, with the limitations given in the second paragraph of Art. 2, all private enterprise as well as all administrative and commercial activities in the public sector. The Ombudsman is appointed by the King for six years at a time.
The board shall consist of seven members with personal deputies. Two of the members with deputies shall be appointed at the recommendation of the Norwegian Federation of Trade Unions and the Confederation of Norwegian Business and Industry. The King shall appoint the chairperson and the deputy chairperson, one of whom must possess the qualifications specified for a judge.
The King may issue regulations regarding the functions and organization of the Ombudsman and the Board. The opinion of the Board shall be obtained in advance.
With regard to gender equality, the Ombudsman shall ensure that no offences under this Act is committed. The Ombudsman shall on his / her own initiative or on the basis of a request from others, seek to ensure that the provisions of this Act are observed. If a voluntary arrangement cannot be reached, the Ombudsman may bring the case before the Board for a decision, pursuant to Art. 13.
If the Ombudsman decides not to submit a case before the Board, it may be submitted by anyone who is a party to the case or has brought action without being a party. These cases shall be decided by the Board unless the aggrieved party opposes this.
The Board may require the Ombudsman to submit certain specific cases to the Board.
In cases where the Ombud cannot reach a voluntary arrangement and it must be assumed that waiting for a decision from the Board will result in inconvenience or harmful effects, the Ombud may grant a decision as provided for in Art. 13.
The Ombud shall state the grounds for the decision at the time it is made. The Board shall be informed of the decision. An appeal about the decision may be brought before the Board.
The Board may prohibit any act which is in contravention with Art. 3 - 8 of this Act if the Board finds that intervention is required with regard to gender equality. The Board may impose measures necessary to ensure that the said act ceases or is not repeated. If the Board is unable to make a decision pursuant to the second paragraph it shall state its opinion as to whether the situation brought before the Board is in contravention with this Act.
The Board may not repeal or alter administrative decisions made by others. Nor may the Board issue injunctions as to how the authority to adopt administrative decisions must be exercised in order to avoid violation of this Act. The term "administrative decisions" means any decision which is covered by Art. 2 first paragraph. litra (a) of the Public Administration Act. The Board cannot make decisions binding for the King or any Ministry.
The Board shall give the grounds for a decision at the same time it is made.
The decision cannot be appealed to the King or to the Ministry but may be brought before the courts for the full trial of the case within the framework of this Act.
Under this Act if a case, which indirectly raises a question about the validity, interpretation or continued existence of a collective agreement, is brought before the board, with postponic effect, each of the parties to the collective agreement may have this question determined by the Labour Disputes Court. The King shall issue regulations for such lawsuits.
In no circumstances can the Board make decisions which come under the competence of the Labour Disputes Court according to the Act of May 5th 1927 regarding Labour Disputes and the Act of July 18th 1958 No 2 regarding Public Service Disputes.
Regardless of their pledge of secrecy, public authorities are required to provide the Ombudsman and the Board with such information necessary for the implementation of this Act. Such information may also be required of others who have an obligation to give evidence in accordance with the Civil Disputes Act. Article 211 of the Civil Disputes Act applies correspondingly. Decisions referred to in Art. 207 first subsection, second sentence, Art. 208 second paragraph and Art. 209 second subsection cf. Art. 209 third paragraph, third sentence of the Civil Disputes Act shall be rendered by the District or City Court.
The Board and the Ombudsman may undertake such investigations and inspections as they find necessary to execute their duties pursuant to this Act. If necessary, they may demand assistance from the police.
The Board or the Ombudsman may require that information shall be given to, or investigations may be carried out by, other official bodies which are enjoined to be conducive to the implementation of this Act.
Anyone who serves or undertakes assignment for the Board or the Ombudsman must not without just or sufficient cause allow others to aquire knowledge of information emerging in the course of such service or assignment conceming:
1. Any individual's personal affairs
2. Technical devices, production methods, plans and prognoses etc., which other enterprises could exploit in their own operations to the detriment of the undertaking to which the information refers.
In addition such information may not be exploited by the person in question in his own activities.
By wilfully or negligently violating the provisions of this Act the tort-feasor shall be liable for damages according to the ordinary rules.
The Court may modify liability under the first paragraph if the effect would be unreasonably onerous or if other considerations indicate so.
Anyone who wilfully or negligently, violates decisions made in pursuance with Art. 12 or 13, or who aids and abets therein, shall be fined.
Violations committed by persons in subordinate positions shall not be punished if the violation is due mainly to the offender's subordinate relation to the person for whom the act is carried out.
Enterprises, associations or foundations on whose behalf such violation has been committed or whose interests the said violation was intended to promote, or which have derived considerable benefit from the violation, may be fined.
The wilful or negligent violation of injunctions pursuant to Art. 15 shall be punished by fines or by imprisonment up to three months, or both. Violations of Art. 16 first paragraph, shall be punished pursuant to Art, 121 of the Penal Code even if the guilty party is not a public servant. Violation of Art. 16 second paragraph shall be punished by fines or imprisonment up to one year, or both.
Violations of Art. 18 first to third subsection shall not be subject to public prosecution, except at the request of the Board, unless it is required in the public interest.
The prosecuting authority, in connection with the criminal case, may request judgement in respect of measures to ensure the unlawful act to cease and to prevent its repetition.
This Act applies in the Realm, in Svalbard and on board Norwegian vessels and aircraft in areas not subjected to any State's sovereignty. This Act also applies to activities on installations and devices on the Norwegian part of the continental shelf.
The King may make exceptions to the provisions of the first paragraph and of the Act. The opinion of the Board shall be obtained before such a decision is made.
Each sex shall be represented with at least 40% of the members when a public body appoints or elects committees, governing boards, councils, etc. with 4 members or more. Both sexes shall be represented in committees etc. with 2 or 3 mernbers. These provisions also apply to deputy members.
Exceptions from the first paragraph may be granted if special circumstances make it evidently unreasonable to demand that the requirements are fulfilled.
Committees etc. which pursuant to statutory law consist only of members from directly elected bodies need not fulfill the requirements of this article.
For committees etc. elected by local, municipal or county democraticly elected authorities, the provisions of the Act on local and county authorities will apply.
The King adopts rules regarding the enforcement and reporting and may issue supplementary provisions in accordance with this article.
The provisions in this article do not restrict any provisions otherwise applicable concerning representation on official committees etc. pursuant to the provisions of this Act concerning discriminatory treatment.
1. This Act enters into force at the time decided by the King.
2. From the same time, the second paragraph (new) of Art. 1 in Act No 47 of 16th June 1972 regarding Marketing Control reads:
An advertiser and anyone who creates advertising matter shall ensure that the advertisement does not conflict with the inherent parity between the sexes and that it does not imply any derogatory judgement of either sex or portray a woman or a man in an offensive manner.
E-mail: iori@……
Anschrift ; Iori Ishikawa,
UNIVERSITY OF NIIGATA PREFECTURE,
471 EBIGASE NIIGATA-City,
950-8680 JAPAN
新潟県立大学国際地域学部国際地域学科・石川研究室
950-8680新潟市海老ケ瀬471番地
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最終更新日：2013/07/24