CEDAW/C/2003/I/CRP.3/Add.2/Rev.1
Advance unedited copy
31 January 2003
Original: English
03-22025 (E) *0322025*
Committee
on the Elimination of Discrimination against Women
Twenty-eighth session
13-31 January 2003
Draft report
Rapporteur: Ms. Christine Kapalata
Consideration
of reports of States parties Norway
Fifth and
sixth periodic reports
1. The Committee
considered the fifth and sixth periodic reports of Norway (CEDAW/C/NOR/5
and CEDAW/C/NOR/6) at its 597th and 598th meetings, on 20 January
2003 (see CEDAW/C/SR.597 and 598).
I. Introduction
by the State party
2. In introducing
the fifth and sixth periodic reports, the representative of Norway
stressed that her Government highly valued the monitoring by treaty
bodies of States parties' human rights obligations and the constructive
dialogue that ensued for the promotion and protection of human
rights.
3. Many measures
had been taken to promote women's rights and gender equality in
Norway, and more than 90 per cent of the population viewed gender
equality as a core value of society. The Government had placed
these issues high on its agenda and had sought new measures tailored
to the needs of modern society. Although all goals had not yet
been attained, considerable achievements had been made. By the
end of 2003, the Ministry of Children and Family Affairs would
submit a concrete proposal on how to strengthen implementation
of the Convention on the Elimination of All Forms of Discrimination
against Women.
4. The representative
said that in Norway there was a close link between family policy
and gender equality policy, with the objective of giving both
women and men equal opportunities to combine work and parenthood.
Strong emphasis had been placed on improving conditions for families
with young children. The family policy addressed the role of fathers
and the importance of strengthening that role for the good of
the children, while also promoting equality and the value of family
life. Since 1978 fathers had been entitled to take parental leave
after the birth of a child, but few had exercised that right.
Therefore, in 1993 a paternity quota was introduced whereby, if
both parents qualified for parental benefits, four weeks of leave
were reserved for the father. The paternity quota had proved very
effective, as 8 out of 10 men took advantage of the leave.
5. She explained
that in 1998 a scheme was introduced entitling certain families
with children between the ages of one and three to a cash benefit.
The purpose of the benefit was to give families more time to care
for their children and freedom of choice in deciding childcare
arrangements. Norway faced a shortage of day-care centres for
young children and was addressing this issue as a high priority,
including through increased budgetary allocations.
6. The representative
indicated that one of the challenges facing Norway was that few
women participated in decision-making in the economic field, especially
in large corporations and firms. In 2002, only 6.6 per cent of
members of Boards of public stock companies were women. In an
effort to address this situation, in 2002 the Government adopted
a directive to the effect that both sexes should be represented
by a presence of at least 40 per cent on executive Boards of public
joint stock companies and in State-owned companies. It is hoped
that this goal will be reached by the end of 2003 with regard
to State-owned companies. Private companies had until the end
of 2005 to reach the goal. Initially, this directive had met with
considerable resistance, but there was growing recognition that
more diversity on executive boards would be an asset for companies.
The number of women elected to executive boards of private companies
had increased, although their number was still very low. The representative
highlighted the fact that Norway was the first country in the
world to propose legislation concerning the representation of
women and men on executive boards.
7. She stated
that equal pay for work of equal value was another top priority
of her Government. During the last 20 years, the gap in wages
between women and men had decreased and, compared with that of
other countries, was generally small; however, more needed to
be done. New legislation was adopted in 2002 on this issue, and
the equal pay provision of the Gender Equality Act was revised
to cover work of equal value across professions and occupations
under the same employer. The representative stressed that in order
to eliminate the pay gap, in addition to legislation primarily
aimed at securing individual rights, the Government wished to
focus on wage formation, social norms, market systems and pay
policies.
8. The representative
outlined a number of projects addressing the gender pay gap, including
a project funded by the European Commission's Community Framework
Programme, which carried out case studies of three occupations
in Norway and five other European countries. Those studies showed
that job segregation was a major explanation for differences in
wages. The representative pointed out that the gender pay gap
arose from the segregation of women and men in different occupations,
firms and positions, and wage differences that favoured male-dominated
jobs. A Nordic project on equal pay, to be carried out from 2003
to 2006, would explore means of obtaining better statistics, analyse
the relationship between wage formation and the pay gap and examine
pay policies and the relationship between gender segregation in
the labour market and differences in pay. Another project was
aimed at developing a gender-neutral job evaluation system in
Norway.
9. One of
the Government's highest priorities was to combat violence against
women. Assistance to women victims of violence had greatly improved.
However, progress in preventing abuse and violence against women
was difficult to determine. Underreporting of violence against
women was still common. In September 2003, the Commission on Violence
against Women was scheduled to submit a report that would provide
an overview of measures taken and their results. This report would
be taken into account in the Government's revision of its plan
of action to combat domestic violence. The representative reported
on the number of women taking refuge in shelters and indicated
that the number of foreign women in shelters had been steadily
rising.
10. The representative
stated that trafficking in women and children was a fairly new
problem in Norway and related mainly to sexual exploitation, involving
mostly foreign women. The Government attached great importance
to preventing trafficking in human beings, including criminalizing
all aspects of trafficking, and supporting and protecting victims,
and would launch a plan of action to prevent and combat trafficking
in women and children in the spring of 2003. Non-governmental
and other organizations and partners were involved in the preparations
of the plan, which would cover all aspects of the chain of trafficking.
The Government relied on international cooperation initiatives
against trafficking and had initiated preparations for ratification
of the United Nations Convention against Transnational Organized
Crime and its three Protocols.
11. Combating
arranged marriages and female genital mutilation had also been
a priority of the Government, and a number of measures had been
taken, including several action plans. The representative underlined
that in dealing with these issues, the Government had relied on
a dialogue with non-governmental organizations, individuals and
communities that represented the cultures in which such practices
had their roots.
12. Finally,
the representative informed the Committee that the Government
had provided financial support for a feasibility study concerning
a possible worldwide hearing on best practices in combating violence
against women.
II. Concluding
comments of the Committee
A. Introduction
13. The Committee
commends the State party on its fifth and sixth periodic reports,
which comply with the Committee's guidelines for the preparation
of reports. It also commends the State party on the oral presentation
by the delegation, which helped to clarify the current situation
of women in Norway and provided additional information on the
implementation of the Convention.
14. The Committee
commends the State party on its high -level delegation, headed
by the Minister for Children and Family Affairs, and appreciates
the frank and constructive dialogue that took place between the
delegation and the members of the Committee.
B. Positive
aspects
15. The Committee
commends the State party on the effective national machinery for
the advancement of women and gender equality and the wide range
of policies, programmes and legislative initiatives aimed at ensuring
de jure equality and at bringing about women's de facto equality
with men.
16. The Committee
also commends the State party on its innovative strategy to increase
the number of women on the executive Boards of public joint stock
companies and State-owned companies. According to that strategy,
legislation that would make it mandatory for those companies'
Boards to include a minimum of 40 per cent of each sex in their
membership would come into force in 2006, if that target had not
been reached voluntarily by the end of 2005.
17. The Committee
welcomes the State party's policy of strengthening the promotion
and protection of women's human rights and of integrating a gender
dimension into its development cooperation programmes.
18. The Committee
notes with appreciation that the State party has ratified the
Optional Protocol to the Convention and accepted the amendment
to article 20, paragraph 1, of the Convention, relating to the
Committee's meeting time.
19. The Committee
commends the State party on its willingness to object to reservations
entered by other States parties that it considers incompatible
with the object and purpose of the Convention.
C. Principal
areas of concern and recommendations
20. The Committee
notes that the Convention has yet to be incorporated into the
domestic law of the State party.
21. The Committee
recommends that the State party amend section 2 of the Human Rights
Act (1999) to include the Convention and its Optional Protocol,
which will ensure that the provisions of the Convention prevail
over any conflicting statutes and that its provisions can be invoked
in domestic courts. It also recommends campaigns to raise awareness
of the Convention and its Optional Protocol, aimed, inter alia,
at parliamentarians, the judiciary and the legal profession. The
Committee requests that the State party report on progress made
in this regard in its next periodic report and that it provide
information on instances in which the Convention has been invoked
before domestic courts.
22. The Committee
is concerned about the persistence of stereotypical cultural attitudes
towards women reflected in the low proportion of women in top
leadership positions in the public sector, including in academia,
which remains well below 20 per cent.
23. The Committee
recommends that the State party take additional measures to eliminate
stereotypical cultural attitudes, including through awareness
raising campaigns directed at both women and men, and conduct
research into the stereotypical cultural attitudes prevailing
in Norway. It suggests that the State party consider changing
the name of the Ministry of Children and Family Affairs to convey
the concept of gender equality more clearly as a symbolic and
important gesture. The Committee furthermore recommends that the
State party encourage the media to project a positive image of
women and of the equal status and responsibilities of women and
men in the private and public spheres.
24. While
acknowledging the adoption in 2001 of the State party's plan of
action against racism and discrimination, the Committee expresses
concern about the multiple discrimination faced by migrant, refugee
and minority women with respect to access to education, employment
and health care and exposure to violence.
25. The Committee
urges the State party to take effective measures to eliminate
discrimination against migrant, refugee and minority women and
to further strengthen its efforts to combat xenophobia and racism.
It also urges the State party to be proactive in its measures
to prevent discrimination against these women, both within their
communities and in society at large, and to increase their awareness
of the availability of social services and legal remedies. The
Committee recommends that the State party ensure that a gender
dimension is included in legislation against ethnic discrimination.
26. The Committee
is concerned about the existence of various obstacles to the integration
of migrant and refugee women into Norwegian society and regrets
that the report provides insufficient information about their
situation.
27. The Committee
recommends that the State party, strengthen its efforts to, inter
alia, enable and encourage migrant and refugee women, particularly
those with care-giving responsibilities, to participate in Norwegian-language
classes and calls on the State party to provide comprehensive
information on this group of women - including in respect of their
employment, social security and access to health care and other
social services - in its next periodic report.
28. The Committee
expresses concern that the policy of decentralization has reduced
the number of institutions responsible for gender equality issues
at the municipal level, which may have a negative impact on the
advancement of women and gender equality.
29. The Committee
recommends that the State party undertake a gender impact analysis
of its decentralization policy and guarantee, if necessary through
legislation, that there are institutions responsible for gender
equality issues in all communities in Norway.
30. The Committee
is concerned about the persistence of violence, including domestic
violence, against women and children in Norway. It is further
concerned that this violence, the extent of which is unknown,
is regarded as falling into the private sphere. The Committee
is furthermore concerned that a predominant and growing number
of women who seek refuge in shelters for battered women are migrants.
It is also concerned that an extremely low percentage of reported
rapes results in trials and convictions and that the police and
public prosecutors dismiss an increasing number of such cases.
31. The Committee
urges the State party to intensify its efforts to address the
issue of violence against women, including domestic violence,
as an infringement of women's human rights. In particular, the
Committee urges the State party to undertake appropriate measures
and introduce laws in conformity with general recommendation 19
to prevent violence, prosecute and rehabilitate offenders, and
provide support services and protection for victims. The Committee
also urges the State party to initiate research and analysis of
the causes of the very low percentage of trials and convictions
in reported rape cases.
32. The Committee
notes with concern that trafficking in women and children for
the purpose of sexual exploitation has not yet been defined explicitly
as a crime under the penal code or criminalized.
33. The Committee
urges the State party to enact relevant legislation in this regard.
34. While
noting that the State party offers some measures of support to
victims of trafficking, both within its territory and in their
countries of origin, the Committee notes with concern that the
gravity and extent of the problem remain unknown.
35. The Committee
requests the State party to include in its next periodic report
comprehensive information and relevant data, including on progress
made in this area. It also recommends that the State party develop
and strengthen measures of support for victims of trafficking,
including through increased bilateral cooperation with their countries
of origin. It further urges that the training of law enforcement
officials be pursued so as to enable them to provide adequate
support to victims of trafficking.
36. While
noting that the State party has placed the issue of forced marriages
and female genital mutilation on the political agenda for the
past few years, and has developed action plans and taken other
political measures, the Committee is concerned at the extent of
these practices.
37. The Committee
requests the State party to continue its efforts to eradicate
those practices.
38. The Committee
is concerned about the noticeable decline in recent years of women's
representation in Parliament and notes that the increase in women's
participation in municipal and county councils is slow. The Committee
is also concerned about the low level of representation of women
in the higher levels of the diplomatic service, in particular
as ambassadors or as consuls general.
39. The Committee
recommends that the State party introduce measures to increase
the representation of women in Parliament, in municipal and county
councils, as well as at higher levels in the Foreign Service,
particularly as ambassadors and consuls general.
40. The Committee
is concerned that women remain disadvantaged in the labour market,
particularly that a wage gap between women and men persists and
that the presence of women, as compared to that of men, predominates
in part-time work.
41. The Committee
urges the State party to adopt policies and concrete measures
to accelerate the eradication of pay discrimination against women,
to further study the underlying causes of the wage gap and to
work towards ensuring de facto equal opportunities for women and
men in the labour market. The Committee recommends that further
measures allowing for the reconciliation of family and professional
responsibilities be adopted and implemented and that the equal
sharing of domestic and family tasks between women and men be
promoted.
42. Taking
account of the gender dimensions of declarations, programmes and
platforms for action adopted by relevant United Nations conferences,
summits and special sessions (such as the special session of the
General Assembly to review and appraise the implementation of
the Programme of Action of the International Conference on Population
and Development (twenty-first special session), the special session
of the General Assembly on children (twenty seventh special session),
the World Conference against Racism, Racial Discrimination, Xenophobia
and Related Intolerance and the Second World Assembly on Ageing),
the Committee requests the State party to include information
on the implementation of aspects of these documents relating to
relevant articles of the Convention in its next periodic report.
43. The Committee
urges the State party to respond in its next periodic report to
the specific issues raised in the present concluding comments.
44. The Committee
requests that the text of the present conclusions be widely disseminated
in Norway so as to inform the public, in particular administrators,
officials and politicians, of the measures taken to guarantee
de jure and de facto equality between men and women and of the
supplementary measures to be adopted in that area. The Committee
also urges the State party to continue to give broad publicity
to the Convention, its Optional Protocol, the general recommendations
of the Committee, the Beijing Declaration and Platform for Action,
and the results of the twenty-third special session of the General
Assembly, entitled "Women 2000: gender equality, development
and peace for the twenty-first century", held in June 2000
- particularly among women's associations and human rights organizations.
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