The Norwegian Government has decided not to combine the Gender Equality Act, the Anti-discrimination Act and the Anti-discrimination and Accessibility Act. Instead, the Government will draft a new law that will provide protection against discrimination based on sexual orientation, gender identity and gender expression. This was announced by Minister Audun Lysbakken when he opened Pride Park at Rådhusplassen in Oslo 22 June.
In the summer of 2009, the so-called Graver Committee submitted its investigation of a comprehensive anti-discrimination law to the Ministry of Children, Equality and Social Inclusion. The purpose of the Committee's investigation was to combine protection against discrimination in one law and to facilitate a more comprehensive approach to anti-discrimination. The Government has now chosen a different path than the Committee suggested. Instead of a comprehensive anti-discrimination law, another separate law will be enacted.
Current anti-discrimination laws include the prohibition of discrimination based on sexual orientation only in the Work Environment Act and in the legislation governing housing. The new law will apply to all areas of society. As of today, the Gender Equality Act protects transgender people, but only those who have undergone surgery. Post-operative transgendered persons may be included under the prohibition of discrimination based on gender. Other transgendered people have not had any protection, which is a shortcoming that needed to be corrected.
The leader of the Norwegian LGBT Association, Bård Nylund, would have preferred a joint and comprehensive anti-discrimination legislation. He believes this would have provided the best protection for those discriminated against on several grounds.
"We believe the time has come for a comprehensive approach to discrimination", Nylund told the Norwegian Broadcasting Corporation (NRK) when the Government's decision was announced.
Wrong signal
During the consultation round, it emerged that some of those consulted were concerned that all groups would receive less protection under a comprehensive law, and the proposal was voted down. Those who opposed the merger of existing anti-discrimination laws included women's groups and Minister of Children, Equality and Social Inclusion, Audun Lysbakken.
"There has been a great commitment shown to maintain the Gender Equality Act, and I share many of the objections that have emerged regarding the potential repeal of the Gender Equality Act. I think it would have sent the wrong signal. Norway must emphasize gender equality policies, and we need a separate law to do so", Audun Lysbakken said to NRK.
Bård Nylund said he understands that abolishing the Gender Equality Act in favour of a comprehensive protection against discrimination might be perceived as threatening. However, he sees the combination of the various anti-discrimination laws as a way to further the best protection in the Gender Equality Act and make it applicable to more groups.
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| Minister Audun Lysbakken and Bård Nylund, leader of the Norwegian LGBT Association, during the opening of Pride Park in Oslo 22.6.2011. Photo: E. Johansen, BLD |
But the Government has decided against a comprehensive law against discrimination, and believes that separate legislation for different discrimination grounds is the best solution.
"Now, gays and lesbians, transpeople and people with a diagnosis of transsexualism will have a legal protection against discrimination which is much stronger than they have in current law. It is the last major milestone remaining before we have the same protection for our gay population as we have for others who face discrimination", said Audun Lysbakken to NRK.
Similar Finnish debate
In Finland, work to revise the laws that protect against discrimination is ongoing. The Equality Act is focused on gender equality while the Equal Treatment Act deals with other grounds of discrimination. It has been suggested that the laws should be combined, but following strong opposition to a combination of the laws, Finland has chosen to keep them separate.
The Ministry of Justice formed a committee that in 2007 suggested that the laws should be combined. The committee argued that under a comprehensive anti-discrimination law, discrimination cases would be handled in a uniform and consistent manner. It also argued that a comprehensive anti-discrimination law would be better able to handle cases in which someone is discriminated against on several grounds simultaneously. The majority of the official players in the field of gender equality and many women's organisations said that gender equality is best promoted by keeping the Equality Act and the Equal Treatment Act separate. It was argued that discrimination on grounds of gender is different and requires its own law, because it protects the majority of the population, while the other grounds of discrimination typically affect minorities. There was also fear that a merger would mean that gender based discrimination would be sidelined in favour of fighting other forms of discrimination.
Separate laws in Finland, comprehensive law in Sweden
In the end, the Finnish committee suggested that the laws should not be combined. Finland is now working on a revision of the Equal Treatment Act, including broadening its scope and adding new prohibitions on discrimination. Discrimination on several simultaneous grounds, discrimination on the basis of assumptions made about a person, and discrimination based on something affecting a person's relatives or friends will be prohibited.
Also, the scope of the Gender Equality Act will be expanded and the law revised so as to encompass transsexuals and intersexed persons.
A proposal suggests that the Minority Ombudsman, who today deals only with ethnic discrimination, should be given a broader mandate as an Equal Treatment Ombudsman. The Occupational Safety and Health Administration would continue to monitor the enforcement of equality laws in the workplace, while the Ombudsman for Equality would continue to monitor gender discrimination.
Among the Nordic countries Sweden has chosen another solution. A new Discrimination Act came into force on 1 January 2009, in which the previous laws were combined and two new grounds for discrimination were added: age and gender crossing identity or expression. At the same time, an Office of the Ombudsman against Discrimination (DO) was formed by the combination of the four former anti-discrimination ombudsmen.
Despite the fact that Norway maintains separate discrimination laws, since January 2006 the comprehensive Equality and Anti-discrimination Ombud has been responsible for monitoring all grounds of discrimination.
