Equality and Human Rights in the Nordic Countries

1. Equality and Human Rights in the Nordic Countries Presentation India 1–5 March 2010 Hugo Stokke CMI

2. Purpose • To look at issues of equality and non-discrimination in reports to the UN human rights monitoring committees, covering all five Nordic countries • To highlight achievements and progress as well as concerns and remaining issues to be resolved • To look for commonalities across the five Nordic countries: are there issues of joint concern?

3. The Human Rights Conventions • Covenant on Civil and Political Rights (CCPR) • Optional Protocol to CCPR • Covenant on Economic, Social and Cultural Rights (CESCR) • Convention on the Elimination of Discrimination Against Women (CEDAW) • Convention on the Elimination of Racial Discrimination (CERD)

4. CCPR - Denmark • + • Adoption of Act on Equal Ethnic Treatment and Action Plan to Promote Equal Treatment and Combat Racism • Establishment of the Board of Equal Treatment • - • Incorporation of CCPR in domestic law • Increase participation of women in political decision-making positions, particularly at local level • Eliminate violence against women, particularly domestic violence • Rendition flights • Solitary confinement during pre-trial detention • Financing and administrative tasks entrusted to the Church • Self-identification in the determination of indigenous status

5. CCPR - Finland • + • New law against discrimination • Higher numbers of women in senior posts • Role in the Establishment of a European Forum for the Roma • - • Sex-related differences in pay rates • Suspensive effect of appeals in asylum cases • Restrictions and discrimination in conscientous objection • Discrimination of Roma • Promotion of tolerance and combating of prejudice • Land rights of Sami

6. CCPR – Iceland • + • Act on Equal Status and Equal Rights of Women • No discrimination of children born out of wedlock • Burden of proof rests on employer for difference in pay rates • - • Rape cases not prosecuted • Efficacy of restraining orders in cases of domestic violence • Call for action plan on human trafficking • Too broad definition of terrorism

7. CCPR - Norway • + • Gender representation on boards of public limited companies • Anti-discrimination Act 2005 • Measures taken to remedy infringements on religious freedom • Finnmark Act • - • Broad definition of terrorism • Persistence of domestic violence • Internal relocation alternative for asylum seekers • Increase in human trafficking • Use of solitary confinement/prolonged pre-trial detention • Repeal of constitutional article on upbringing in Lutheran religion • Discriminatory stops of persons based on ethnicity

8. CCPR - Sweden • + • Constitutional amendment on combating of discrimination by public institutions • New Aliens Act with right to appeal and with wider protection • New legislation on sexual crimes • - • Absence of national human rights institution • No incorporation into domestic law • Limited percentage of women in high positions • Concern about domestic violence and female genital mutilation • Promotion of awareness of disability rights • Disappearance of unaccompanied asylum-seeking children • Prevention of hate speech • Sami parliament participation concerning land and grazing rights

9. Cases under CCPR OP • Communication No.1487/2006 – Kasem Said Ahmad and Asmaa Abdol-Hamid vs. Denmark. Alleged violations of several CCPR articles due to drawings of the Prophet Mohammed – found inadmissable due to non-exhaustion of domestic remedies • Communincation No.1023/2001 – Jouni Länsman, Eino Länsman and the Muotkatunturi Herdsmen’s Committee vs. Finland. Limitation of grazing rights for reindeer herds due to logging operations. Found not to affect the livelihood of Sami sufficiently to be in breach of CCPR Art.27. • Communication No.942/2000 – Mr. Jarle Jonassen and members of the Riast/Hylling reindeer herding district vs. Norway. Guarantee of grazing rights through state expropriation of private property. Found inadmissable due to non-exhaustion of domestic remedies, but minority dissension with the Committee. • Communication No.1155/2003 - Parents and children vs. Norway. Complaints about partial exemption from teaching of religion in Norwgian schools. Found to be in violation of Art.18(4) of CCPR concerning parents’ freedom to impart religious and moral education in line with their own convictions

10. CCPR - Common issues • Progress on legislation with new laws and amendments to current laws • Incorporation into domestic law – intra-Nordic differences • Sami land rights – applicable to 3 Nordic countries • Concern about persistence of domestic violence • Solitary confinement/pre-trial detention – special to CCPR • Broad definition of terrorism – special to CCPR • Increase in human trafficking • Representation of women in high position • Differential wage rates • Religion

11. CESCR - Denmark • + • Act on Equal Treatment Irrespective of Ethnic Origin • Promotion of gender equality • Law combating child pornography, sexual exploitation and sale of children • Measures combating trafficking in persons • - • Increasing negative and hostile attitudes towards foreigners • Long-term unemployment among immigrants, refugees • Raise of age for family reunification to 25 years • Migrant women/spouse’s residence permit raised to seven years • No official poverty line • Lack of legal guarantee of right to housing • Still persistent gender inequalities in pay rates

12. CESCR - Finland • + • Establishment of Office of the Minority Ombudsman • Equality plan for companies employing more than 30 • Quota system for state/municipal bodies • Legislation on anti-trafficking • - • Ownership of land in Sami Homeland • General discrimination of Roma in employment, housing, public places • Absence of disaggregated statistics on poverty • Drop-out of Roma children in education, ”special” education • Persistence of domestic violence • Gender-based salary differences

13. CESCR - Iceland • + • Act on Maternity, Paternity and Parental Leave • Act on Child Protection • - • Lack of incorporation of CESCR into domestic law – lack of judicial remedies • Continued difference in wage rates • Information on employment environment for disabled • Insufficient support to single-parent families • Concern about poverty and social exclusion • Persistence of domestic violence

14. CESCR - Norway • Incorporation of ESCR through Human Rights Act 1999 • Act prohibiting ethnic and religious discrimination • National Plan against human trafficking • - • Ensurance that all the provisions of the Covenant are given effect by the domestic courts • Cases of discrimination of persons of immigrant background in housing and work • Persistent gender-based salary differences • Trafficking of women for sexual exploitation • Persistent domestic violence • Evictions and lack of affordable municipal housing • Regional disparities in health indicators • Compulsory psychiatric treatment to be reviewed by judicial body

15. CESCR - Sweden • + • Establishment of second human rights plan 2006-2009 • Anti-Discrimination Act, enter into force January 2009 • Compliance of the Ombudsman Office with the Paris Principles • - • ESCR not given full effect in the domestic legal system • Sami land rights still unresolved, ILO 169 not yet ratified • Persistent discrimination on the basis of ethnicity • Continuing discrimination of persons with disabilities • Gender-based gap in wages • Lack of specific legislation against domestic violence • Child poverty and homelessness • Use of involuntary psychiatric placement

16. CESCR - Common issues • Legislation on equal treatment • Different practices regarding incorporation • Housing – guarantees and non-discrimination • Poverty line and social exclusion • People with disabilities • Compulsory psychiatric treatment • Sami land rights • Discrimination of Roma • Gender-based salary differences • Persistence of domestic violence

17. CEDAW - Denmark • + • Possibility of applying temporary special measures • Gender nominations for councils/boards of municipalities/regions • Awareness-raising of trafficking in human beings • Mainstreaming of gender in development cooperation • - • Non-incorporation into domestic legal order • Awareness-raising of CEDAW and OP, among the judiciary • Monitoring and accountability for gender mainstreaming strategy • Gender impact assessment of new bills • Measures to apply temporary special measures • Higher representation of women in local politics/top management/boards of private companies • Eliminate occupational segregation and wage gap • Violence against immigrant women/spouses, flexible residence permits • Recovery and reintegration of victims of trafficking/extended reflection period • Increase in prostitution • Increase in abortion among young women

18. CEDAW - Finland • List of issues: • Incorporation into the domestic legal order; direct application • The involvement of Parliament in the reports • The use of mediation in domestic violence cases • Criminalisation of sexual services - its scope • Representation in public limited companies • Equality in education curricula- representation in higher academic posts • Sexual harassment • Fixed-term employment contracts; pay gap • Mental health • Poverty line • Immigrant and minority women • Adoption rights for same-sex partners

19. CEDAW - Iceland • List of issues: • Domestication of CEDAW • Awareness-raising of OP and encouragement of use • Use of temporary special measures • Legalization of prostitution/strip clubs • Management positions in private sector • Part-time work • Division of property and assets in case of divorce • Imposition/lifting of restraining orders • Running for political posts • Gender distribution of public funding

20. CEDAW - Norway • + • Passage of the Anti-Discrimination Act 2005 • Plan of action against human trafficking 2006 • Establishment of a system of domestic violence coordinators in all police districts • Gender-budgeting approach in all ministries • Gender equality in development cooperation • - • CEDAW not incorporated into Human Rights Act • Gender discrimination not sufficiently focused in the Anti-Distrimination and Equality Ombud • Eliminate stereotypical attitudes • Consider passing law on domestic violence • Lack of data and statistics on trafficking of women and girls • Low numbers of women mayors, professors and judges; rec. temp. special measures • Eliminate occupational segregation; narrow/close pay gap • Monitor/evaluate progress on eradicating forced marriage/female genital mutilation • Equal rights to property and assets in the event of union breakdown • Apply strict marriage age of 18 years

21. CEDAW - Sweden • + • Establishment of a Ministry of Integration and Gender Equality • Adoption of a national human rights plan 2006-2009 • Ten-fold increase in budgeting for gender policy/mainstreaming • Amendment to Aliens Act to include gender as ground for refugee status • Amendment of Abortion Act to include non-citizens • - • Use Anti-Discrimation Law as a bridge to include CEDAW in domestic law • Awareness-raising of CEDAW among judges, prosecutors et al • Lack of effective monitoring and accountability mechanisms for gender mainstreaming • Elimination of stereotypical attitudes and sexualisation of the public sphere • Few women in high-ranking posts; academia, top management, boards of private companies; employ temporary special measures • Prevalence of trafficking into Sweden; prosecution of citizens involved in sexual exploitation abroad • Prevalence of violence against women; honour killings, female genital mutilation • Reconciliation of family and professional responsibilities; parental leave • Immigrant women a vulnerable group

22. CEDAW – Common Issues • Partial integration into domestic law • Gender mainstreaming, incl development cooperation • Criminalisation of sexual services • Temporary special measures • Still low representation in certain high-level positions • Occupational segregation/differential pay rates • Trafficking of women and girls • Division of property/assets after breakup

23. CERD - Denmark • + • Act on Equal Ethnic Treatment • Adoption of National Action Plan to Promote Equal Treatment and Diversity and to Combat Racism • Amendment of Criminal Code introducing aggravating circumstances for offences related to ethnic origain, faith, sexual orientation • - • Reconsider decision not to incorporate CERD in domestic legal order • Restrictions on family reunification • Lack of appeal against Refugee Board decisions • Mother-tongue teaching to non-European students • Free legal aid not given to petitioner claims about discrimination before the Complaints Committe for Ethnic Equal Treatment • Disproportionate level of employment among persons coming from outside Europe/NA • Reductions of social benefits for newly arrived persons • Vulnerabilty of foreign women victims of domestic violence and access to assistance

24. CERD - Finland • + • Adoption of Non-Discrimination Act 2004 • Establishment of National Discrimination Tribunal • Strengthening of the Ombudsman for Minorities • Amendment of Aliens Act to grant work permit for holders of a temporary permit • + • Request data on ethnic composition of population • Weight given to self-identification of individuals regarding member ship of ethnic minority • Right of indigenous peoples to own, develop, control and use communal lands • Persistence of racist and xenophobic attitudes • Segregation in housing of minorities/Roma • Discrimination in the labour market

25. CERD - Iceland • Legislative changes enabling foreign nationals to vote in municipal elections • Conviction of individual accused of assaulting a group of people on account of nationality, colour and race • Establishment of Committee for Refugees and Asylum Seekers and the Icelandic Immigration Council • - • CERD not incorporated into domestic legal order • Proactive approach, including comprehensive legislation • Training of border guards • Reconsider age requirement of 24 years for foreign spouse to stay as family member • Guarantee access to public places • Full judicial review of rejection of assylun application/expulsion

26. CERD - Norway • + • Adoption of the Finnmark Act 2005 • Adoption of the Act on Equality and Anti-Discrimination Ombud • Amendment of Penal Code to strengthen protection against expressions of racial hatred • Establishment of Romani People’s Fund to compensate for effects of assimilation policies • Setting up of Directorate of Integration and Diversity • - • Lack of statistical data on the ethnic composition of the population • Incorporation not through Human Rights Act • Discrimination on the ground of race not adequately legally covered • No penal provision in legislation to criminalize/punish racist organizations • The situation of the East Sami people not adequately addressed • No maximum time limit in custody for non-citizens providing false identity • Strictness of language requirements for citizenship • High rate of unemployment among immigrants • Adequacy of health services for non-citizens

27. CERD - Sweden • + • Acknowledgement of the existence of racial discrimination • Adoption of new Anti-Discrimination Law • Forthcoming merger of Ombudsmen institutions • National Action Plan for Human Rights 2006-2010 • - • Lack of information on the ethnic composition of the population • Possible loss of holistic approach by closure of Integration Board • Review its position regarding special measures • Absence of explicit criminal law provision prohibiting racist organizations • Intensify efforts to prevent, combat and prosecute racially motivated offences and hate speech • Strengthen programme to combat discrimination in judicial and law enforcement systems • Concern about discrimination in employment, health and housing • Concern about levels of education of Roma minority • Sami land/resource rights and legal aid for villages in court disputes about grazing • Mother-tongue tuition for Sami

28. Complaints under CERD • Communication No.33/2003 – mr. Kamal Quereshi vs. Denmark. Concerns whether the State had adequately prosecuted alleged racist statements made by political party mebers. Found that the case did not represent a violation of CERD • Communication No.34/2004 – Mr. Mohammed Hassan Gelle vs. Denmark. Concerns whether the State had adequately investigated alleged offensive statements made by politician. Found that the caswe was in violation of CERD • Communication No.36/2006 – P.S.N. vs. Denmark. Concerns whether the State has investigated political statements of a religious discriminatory nature. Found that religous discrimination is outside the scope of CERD • Communication No.37/2006 - A.W.R.A.P. vs. Denmark. Concerns whether the State has investigated political statements of a religious discriminatory nature. Found that religous discrimination is outside the scope of CERD • Communication No.40/2007 – Murat Er vs. Denmark. Concerns discrimination in vocational education/traineeship against non-Danish student/trainee. Found to be in breach of CERD

29. CERD - Common issues • Legislative progress on anti-discrimination • Non-incorporation into domestic legal system • Lack of statistical data on the ethnic composition of the population • Self-identification of indigenous peoples • Lack of legal provision criminalising racist organisations • Discrimination in health, housing and employment • Anti-muslim sentiments among certain political parties – ref. CERD complaints

30. Conclusions: A Nordic model? • Law matters, but also policies and implementation • Different types of minorities – indigenous and immigrant minorities • Most issues of concern are of a structural nature – not so much events as structures and trends that need to be addressed • Pockets of poverty in welfare states • Still issues of unequal gender representation/pay rates • Discrimination in access to public services • Issues of incorporation of HR treaties into domestic legal system • The Nordics as destination point for refugees and trafficked • Similarities of laws and institutions