The Norwegian Anti-Discrimination Law (translated)

[Norseman]

Here is the original Norwegian version.

A few quick notes some of the legal terms are difficult to translate into Norwegian, moreover when it says "religion and belief system" it means by belief system things like the Human-Ethicists and other groups of that ilk.

The part that has some people worried is §10, but note that it does not apply to §15, in short burden of evidence is not reversed if you can be sent to jail.

A law prohibiting discrimination on the grounds of ethnicity, religion, etc. (The discrimination law)

§ 1. Purpose

The purpose of the law is to promote equality, to secure equal opportunities and rights, and to prevent discrimination on the grounds of ethnicity, nation of origin, descent, skin colour, language, religion or belief system.

§ 2. The UNs Convention of Racial Discrimination

The United Nations international convention of 21. December 1965 regarding the abolition of all forms of racial discrimination shall be considered Norwegian law. The convention will be published in the Norwegian Law Times in the original language in and Norwegian translation.

§ 3. Jurisdiction

The law applies to all areas of society with the exception of the family and personal relationships. The prohibition against discrimination on the grounds of religion or belief system, see § 4 first part, does not apply to actions or activities under the direction of faith- or belief communities, or activities with a religious or belief system based purpose, if the actions or activities are of significance for the group or affiliations religion or belief system.

The law also applies to negotiations made in the realm, which also includes Spitsbergen and Jan Mayen. It also applies to permanent and movable installations that are used in the Norwegian economic zone, and on Norwegian ships and aircraft.

The Department will give a prescript about the application of the law for all workers, according to the labour environment law §1-7.

Changed by law 15 Dec 2006 #69 (enforced by 1 Jan 2007 in accordance to resultion 15 December 2006 #1406

§ 4. Prohibition of discrimination

Direct and indirect discrimination on the grounds of ethnicity, nation of origin, descend, hair colour, language, religion or belief system is prohibited.

By direct discrimination is meant that an act or omission has as its purpose or effect that persons or enterprises, on the grounds mentioned in the first part, are treated worse than others are, have been, or would have been in an equivalent situation.

By indirect discrimination is meant any apparently neutral regulation, condition, practise, action, or omission that leads to persons on the grounds mention in the first part are being placed in a particularly disadvantageous position compared to others. By indirect discrimination in work life is meant any apparently neutral regulation, condition, practise, action, or omission that has the actual effect of a job applicant or a worker being placed in an inferior position to other job applicants or workers due to circumstances mentioned in the first part.

Differential treatment that is required to achieve a practical purpose, and that are not disproportionately intrusive towards the person or persons being treated differently, are not considered discriminatory according to this law.

It is forbidden to collude in violations of the prohibition on discrimination in this paragraph.

§ 5. Prohibition of harassment

Harassment on the grounds mentioned in §4 first part is forbidden. By harassment is meant actions, omissions, or statements that act or have as their purpose to act offensive, intimidating, hostile, demeaning, or humiliating.

It is forbidden to collude in violations of the first part of this paragraph.

Employers and management in organisation or educational institutions shall, within their area of responsibility, prevent and seek to prevent the occurrence of harassment in violation with the first part.

§ 6. Prohibition of instructions

It is forbidden to give instructions to discriminate or harass on the grounds mentioned in §4 first part. It is also prohibited to give instructions to retaliate in violation of §9.

It is forbidden to collude in violations of the first part of this paragraph.

§ 7. Prohibition against collecting information when hiring

The employer must not, when he is advertising a new opening, or at any other time, ask that the applicants give information about how they stand in regards to religious or cultural issues. The employer must not take steps to acquire such information in any other way.

The prohibition in the first part does not apply if the collection of information on how the applicants stand in regards to religious or cultural issues is due to the nature of the position, or if it is part of the purpose of the association in question to promote certain religious or cultural views, and the applicants stand on these issues will be of significance for his performance of such tasks. If such information will be required this must be made clear when the position is advertised.

§ 8. Positive special treatment

Special treatment that contributes to furthering the purpose of this law is not considered discrimination under it. Special treatment shall cease when its purpose has been reached.

§ 9. Prohibition of retaliation

It is forbidden to retaliate against anyone who has made a complaint about violations of the regulations in §§ 4, 5, 6, or 7, or if they have stated that a complaint may be made. This does not apply if the plaintiff has acted with gross negligence.

The fist part also applies to witnesses.

§ 10. Burden of proof

If there are circumstances that gives cause to believe that there has been a violation of paragrafs §§4, 5, 6, 7 or 9, it shall be assumed that a violation has occurred, unless the person responsible for the action, omission, or statement gives evidence that it's more probable than not that there has been no such violation.

§ 11. The employers duty to inform in matters of hiring

Job applicants that feel bypassed in violation of § 4 first part, may demand that the employer tells them, in writing, what education, practise, and other clearly verifiable qualifications for the job that the person actually hired has.

§ 12. The right of organisations to act as a proxy etc.

During a preliminary hearing any organisation that has as a purpose, in part or in whole, to fight against discrimination on the grounds of ethnicity, religion, etc, may be used as a proxy according to this law.

During a case that has come before a court, a person appointed by or connected to an organisation that has as a purpose, in part or in whole, to fight against discrimination on the grounds of ethnicity, religion, etc, may be used as a fully empowered proxy. This does not apply to cases mentioned in the smallquarrelslaw § 44 first part.

The court may refuse to accept a note authorising a fully empowered proxy if, as far as the court can tell, there is a danger that the fully empowered proxy doesn't have the necessary qualifications to protect the plaintiffs interests in a satisfactory manner.

A fully empowered proxy shall, in addition to the authorisation mentioned in the smallquarrelslaw § 46, also present a proper written orientation from the organisation about the fully empowered proxy's qualifications.

§ 13. Enforcement

The Equality- and discrimination-ombudsperson and the Equality- and discrimination-committee shall, with the exception of §§ 14 and 15, supervise and contribute to the enforcement of this law, in accordance to the discrimination-ombudsperson-law.

§ 14. Restitution and reparations

He who deliberately or negligently acts in violation of §§ 4, 5 first and second part, 6, 7 or 9, may be required to pay restitution to the injured party. The restitution should be set according to the amount that is found to be reasonable given the situation of the parties and circumstances in general.

Job applicants or workers may require restitution for violations of §§ 4, 5 first and second part, 6, 7 or 9 in the working environment, regardless of the employers guilt. The same applies to he who applies to be, or is, a member or a participant in a workers-, employers- or professional-organisation.

Reparations for economic loss on violations of the law in such environment can be demanded according to normal rules for reparations.

§ 15. Punishments for gross violations of the prohibition of discrimination committed by several persons acting together

Whomsoever deliberately and in groups, with at least two other persons, grossly violates or contributes to gross violation of §§ 4, 5 or 6, is punished with fines or jail for up to three years. Whomsoever has been punished earlier for violations of this paragraf, may be punished even if the violation is not gross.

When considering whether a violation of gross or not, the courts shall pay special attention to the degree of clear guilt, whether the violation is motivated by racism, if it has the nature of harassment, if it involves bodily injury or the serious violation of a persons psychic integrity, if it is calculated to instil fear, and if it is committed against a person under the age of 18.

Before a prosecution is made for circumstances mentioned in the first part, the authorities should consider whether it would be sufficient to apply an administrative reaction.

The rules for evidence in § 10 does not apply to the enforcement of this paragraph.

If the violation is part of the activities of an organised crime group, the penal codes §§ 162c and 60a applies.

§ 16. Comes into force

The law comes into force from that time the King sees fit.

From 1 Jan 2006 according to resolution of 17 June 2005 #608

§ 17. Changes in other laws

With effect from the law coming into force the following changes are made in other laws: - - -

[Rogue 9]

Wait, they just took a UN convention and wholesale made it into national law, unmodified? :newbies:

I'll give the rest of it a look later, but just taking something the UN shat out and putting it straight into your country's legal code... Wow.