Council of Europe

• Council of Europe
• Human Rights and Rule of Law
• European Social Charter

— Norway and the European Social Charter –

Ratifications
Norway ratified the European Social Charter on 26/10/1962: it accepted 60 of the Charter’s 72 paragraphs.

Norway ratified the Additional Protocol providing for a system of collective complaints on 20/03/1997. It has not yet made a declaration enabling national NGOs to submit complaints.

Norway ratified the Revised Charter on 07/05/2001: it accepted 80 of the Revised Charter’s 98 paragraphs.

Table of Accepted Provisions

* Sub-para. c.

The Charter in domestic law
Statutory ad hoc incorporation by specific implementing legislation.

Reports *
Between 1964 and 2011, Norway submitted 22 reports on the application of the Charter and 9 reports on the application of the Revised Charter.

The 8^th report, submitted on 27/04/2011, on the accepted provisions of the Revised Charter accepted by Norway relates to Thematic Group 4 (Articles 7, 8, 16, 17, 19, 27 and 31). Conclusions in respect of these provisions were published in January 2012.

The 9^th report, submitted on 5/12/2011, on the accepted provisions of the Revised Charter accepted by Norway relates to Thematic Group 1 “Employment, training and equal opportunities, i.e.

- the right to work (Article 1),
- the right to vocational guidance (Article 9),
- the right to vocational training (Article 10),
- the right of persons with disabilities to independence, social integration and participation in the life of the community (Article 15),
- the right of men and women to equal opportunities (Article 20),
- the right to protection in cases of termination of employment (Article 24),
- the right to workers to the protection of claims in the event of insolvency of the employer (Article 25).

Conclusions in respect of these provisions will be published in December 2012.
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* Following a decision taken by the Committee of Ministers in 2006, the provisions of both the 1961 Charter and the Revised Charter have been divided into four thematic groups. States present a report on the provisions relating to one of the four thematic groups on an annual basis. Consequently each provision of the Charter is reported on once every four years.

The situation of Norway with respect to application of the Revised Charter

Examples of progress achieved in the application of social rights under the Social
Charter ¹

Employment
► Repeal of the Seafarers Act of 17 July 1953, which allowed criminal sanctions to be imposed on seafarers who deserted their post or committed disciplinary offences, even in cases where neither the safety of the vessel nor the lives or healths of those on board were in danger (Act of 30 May 1975). Abolition of compulsory service for dentists. Article 1§2 – prohibition of forced labour.
► Amendment in 2002 of the 1958 Civil Service Disputes Act improves employees’ representation in wage negotiations. Article 6§2 – negotiation procedures
► The Labour Disputes Act, amended in 2002, provides in its Section 35.9 that the mediator can now only join up ballots (kobling av avstemninger) relating to several sectors if the parties concerned agree. Article 6§3 – right to bargain collectively (conciliation and arbitration).

Movement of persons
► Extension of the scope of family reunion to include children only one of whose parents is living in Norway (1991 immigration directives, as amended in 1997). Article 19§6 – right to family reunion.

Non-discrimination (nationality)
► Various practical measures to assist foreigners in finding accommodation, such as reserving quotas of existing housing stock for refugees and immigrants, promoting research into multicultural living environments and disseminating information on the legislation providing for equal treatment in access to housing. Article 19§4 – right to equal treatment with regard to access to housing.

Education/Health
► Amendment to the Working Environment Act. Section 54 B establishes a prohibition against direct and indirect discrimination on the basis of disability. Article 15§2 – right to employment of persons with disabilities.

Cases of non-conformity

Thematic Group 1 “Employment, training and equal opportunities”

►Article 10§4 – Right to vocational training - Long term unemployed persons
It has not been established that measures aimed at the retraining and re-integration of long-term unemployed persons are adequate.
(Conclusions 2008)

► Article 10§5 - Right to vocational training - Full use of facilities available
Equal treatment for non-EU nationals with respect to financial assistance for training is not guaranteed.
(Conclusions 2008)

► Article 15§1 - Right of persons with disabilities to independence, social integration and participation in the life of the community - Vocational training for persons with disabilities
The protection against discrimination on grounds of disability in the field of education is insufficient.
(Conclusions 2008)

► Article 15§3 – Right of persons with disabilities to independence, social integration and participation in the life of the community - Integration and participation of persons with disabilities in the life of the community
No legislation prohibiting discrimination on grounds of disability covering housing, transport, telecommunications, cultural and leisure activities.
(Conclusions 2008)

Thematic Group 2 “Health, social security and social protection”

► Article 12§4 – Right to social security - social security of persons moving between states
Accumulation of insurance periods acquired under the legislation of a State Party which is not covered by Community regulations or not bound by an agreement with Norway is not guaranteed.
(Conclusions 2009)

► Article 13§1 – Right to social and medical assistance - adequate assistance for every person in need
The level of social assistance benefit that is paid to individuals in need who are not participants in the individual qualification programme is not adequate.
(Conclusions 2009)

Thematic Group 3 “Labour rights”

► Article 2§1 – Right to just conditions of work - Right to reasonable working time
Legislation provides that total working hours in a twenty-four hour period may, in certain circumstances, be up to sixteen hours.
(Conclusions 2010)

► Article 4§5 – Right to a fair remuneration - Limits to deduction from wages
Workers may waive their right to limitation of wage deductions.
(Conclusions 2010)

► Article 6§4 – Right to bargain collectively - Collective action
During the reference period (2005-2006), legislation was enacted in order to terminate collective action in the state sector in circumstances which went beyond those permitted by Article G of the Revised Charter.²
(Conclusions 2010)

Thematic Group 4 “Children, families, migrants”

► Article 7§3 – Right of children and young persons to protection - Prohibition of employment of children subject to compulsory education
It is possible for children aged 15, still subject to compulsory education, to deliver newspapers before school, from 6 a.m. for up to 2 hours per day, 5 days per week.
(Conclusions 2011)

►Article 7§5 – Right of children and young persons to protection – Fair pay
It has not been established that young workers receive a fair wage; and it has not been established that apprentices receive appropriate allowances.
(Conclusions 2011)

►Article 7§6 - Right of children and young persons to protection - Inclusion of time spent on vocational training in the normal working time
Young workers are not entitled to have their training time paid as working hours.
(Conclusions 2011)

►Article 7§8 - Right of children and young persons to protection - Prohibition of night work
It has not been established that the prohibition of night work covers the great majority of young workers.
(Conclusions 2011)

►Article 17§1 - Right of children and young persons to social, legal and economic protection
- Assistance, education and training
Prison sentences for minors may be up to 21 years.
(Conclusions 2011)

►Article 19§4 - Right of migrant workers and their families to protection and assistance - Equality regarding employment, right to organise and accommodation
That it has not been established that with respect to accommodation migrant workers enjoy treatment which is not less favourable than that of nationals.
(Conclusions 2011)

►Article 19§10 - Right of migrant workers and their families to protection and assistance - Equal treatment for the self-employed
Same grounds for which it is not in conformity with paragraphs 4, and 11 of the same Article.
(Conclusions 2011)

►Article 19§11 - Right of migrant workers and their families to protection and assistance – Teaching language of host State
It has not been established that migrant workers  not citizens of EU/EEA are entitled to free language training when they are unable to pay the fees for compulsory language training.
(Conclusions 2011)

►Article 31§1 - Right to housing - Adequate housing
There is evidence of discrimination against migrant workers in the Norwegian housing market.
(Conclusions 2011)

The European Committee of Social Rights has been unable to assess compliance with the following provisions and has invited the Norwegian Government to provide more information in the next report:

Thematic Group 1 “Employment, training and equal opportunities”
(Report to be submitted before 31 October 2011)

► Article 1§2 - Conclusions 2008
► Article 1§3 - Conclusions 2008

Thematic Group 2 “Health, social security and social protection”
(Report to be submitted before 31 October 2012)

► Article 12§1 - Conclusions 2009
► Article 14§1 - Conclusions 2009

Thematic Group 3 “Labour rights”
(Report to be submitted before 31 October 2013)

► Article 4§2 – Conclusions 2010
► Article 21 – Conclusions 2010

Thematic Group 4 “Children, families, migrants”
(Report to be submitted before 31 October 2014)

► Article 8§3 – Conclusions 2011
► Article 19§§3 and 6– Conclusions 2011

Collective Complaints and State of Procedure in Norway

Collective complaints (under examination)

Fellesforbundet for Sjøfolk  (FFFS) v. Norway, No. 74/2011