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Summary: On Tuesday 24 May, the Commitee examined
the second periodic report of Norway. This
summary highlights the main issues discussed
by the government delegation and members
of the Committee; it is produced by the NGO
Group for the Convention on the Rights of the
Child.
Norway ratified the Convention on the Rights of the Child (CRC) in 1991,
the Optional Protocol (OP) on the sale of children, child prostitution, and
child pornography in 2001, and the OP on the involvement of children in
armed conflict in 2003. The Committee on the Rights of the Child (the
Committee) met with State Party representatives on 24 May 2005 to
examine Norway’s third periodic report on the implementation of the CRC
and the OP on the sale of children, child prostitution and child pornography.
Opening Comments
The Norwegian Delegation summarized the State’s progress on
implementing the CRC. It emphasised the incorporation of the CRC and OP
into Norwegian legislation with the CRC taking precedence over Norwegian
legislation. Civil procedure, adoption and child welfare had all been
changed accordingly. Norway was working from a rights-based approach
that welcomed child participation.
The Country Rapporteurs, Mr. Filali and Ms. Vuckovic, welcomed Norway’s
prioritisation of children’s issues both in Norway and worldwide. Norway
had illustrated its commitment to the CRC by following the Committee’s
recommendations to incorporate the CRC in its legislation. They also noted
that Norway had been one of the State parties most active in creating and
implementing the CRC, and most children lived well in Norway. The
country’s outstanding commitment to foreign aid and development (0.9%
of its GDP) and the universal implementation of the CRC was
acknowledged. The Rapporteurs also highlighted that certain legislative
standards were higher than the CRC.
The Rapporteurs identified immigration and discrimination as key concerns.
They recommended more training and education about the CRC for parents
and professionals working with children.
Legislation
The Delegation made it clear that all legislation was being harmonized with
the CRC. If there were any incompatibilities the CRC would take
precedence over current and future laws.
Budget
In response to questions about child poverty, the Delegation said that the
latest study showed that there were fewer children living in poverty. The
Government had presented its plan of action to improve this situation,
focusing mainly on employment. The priority groups were immigrants, the
unemployed and single mothers.
Child Participation
The Delegation reported that child participation was generally encouraged
in accordance with the CRC. The children’s age and level of participation
varied between municipalities. Certain municipalities were more
conservative than others.
Child and Family
The Delegation said Norway had published a report on children exposed to
violence and was initiating a survey to determine the prevalence of child
sexual abuse to design better programmes. The Committee asked if there
were any studies connecting pornography and sexual abuse, but the
Delegation was not aware of any. The Committee also asked if the
Government played a role in the complex custody and visitation access for
families with such abuses.
The Committee asked how foster care was monitored in municipalities. The
Delegation responded that municipalities appointed a supervisor to visit
foster homes four times a year. The county governor had the supervisory
responsibility. The Delegation noted that the State had assumed
responsibility for child welfare institutions from counties, as the latter were
not doing a sufficiently good job.
Criminal care would place priority on children visiting their incarcerated
parents and child friendly visiting rooms. Visiting apartments would be
established in 2005. Certain prisons allowed mothers and fathers to live
with their children, but this was not the norm. The Committee asked who
decided when and where visits occurred. The Delegation said this
depended on the situation, but the mother could make a request to the
institution (appealing to the Minister of Justice) or the judge. Women with
children could be sent to mothers’ institutions to help them with child-care.
This was dependant on the Judge’s decision.
Juvenile Justice
The Delegation reported on ‘Youth Contracts’. These plans of action aimed
to stop young people’s criminality by assisting young people in being
successful in life. Youth Contracts involved the parties affected by criminal
activity and ensured follow-up after release.
Adoption
The Delegation indicated that adoptions were relatively frequent in Norway
compared to other countries, with approximately 700-800 per year. The
Government was aware of international buying and selling of children and
had taken measures to circumvent this, such as being active in the Hague
Convention. All adoptions had to be authorized by the Government. They
had a system to scrutinize parents and support those who qualify for
adoption.
The Committee advised that such a large number of adoptions require a
Government response as children were deprived of links to their history
and culture. The Committee noted that adoption should be free. The
Delegation responded that the costs may seem high, but they were the
same as in other Nordic countries. Some of these funds went to the non-
profit controlling system in the country of origin of the children, to ensure
that children were not being sold.
Health
The Committee was interested in boys’ higher suicide rate. The Delegation
confirmed that data showed that boys’ suicide rate was three times higher
than girls. Studies and projects were being carried out with a pilot teaching
programme in schools on interventions in suicide crisis. Suicides were
generally declining (lower than in the 80s).
The Committee noted that there were variations in infant mortality
between counties, but the Delegation indicated that its data did not
support this claim. Asthma and obesity were increasing problems. They
asked if the Government was making efforts to recruit to alleviate the
shortage of psychologists.
The Committee asked about the decentralization of basic health care
centres to the municipalities. It also asked about the funding structure and
monitoring. This could lead to inequality if a municipality had less funding or
different priorities. The constitution was based on local democracy and the
municipality could decide which services they needed within certain limits.
In response to the Committee, the Delegation indicated that drug
prevention would be prioritised for youth. Treatment was also part of the
plan to improve evidence-based methods. The plan would be published in
August 2005. In addition, the Delegation stated that children had the right
to know the sperm donor.
Disabled Children
The Delegation provided information on a proposed separate act on
disability. New buildings had to meet the code and old ones had to be
upgraded accordingly. The Equality and Anti-Discrimination Ombudsman
and Tribunal were enforcing these changes. Special programmes were
established in Kindergartens and the Home Star programme for parents of
disabled children.
Independent Budgets
The Committee asked about the independence of the Centre for Human
Rights and the Children’s Ombudsman. It focused on the lack of
independence in funding structures. The Delegation responded that the
Ombudsperson had a high media profile and the way the budget was
passed did not affect its independence.
Pornography
The Committee asked if legislative compensation for victims was also
available to children abused for pornography. The Delegation was asked if
child and adult pornography were separated, with special penal provisions
for penalties of up to three years.
Discrimination
The Committee expressed its concern about reports of continued
discrimination against immigrants such as minors experiencing delays in
being accepted, the deportation of children with parents in prison and the
closing of reception centres for asylum seekers.
The Delegation admitted there was still discrimination against immigrants
and that the Government took this very seriously. Certain reception
centres were closed as the number of asylum seekers declined in 2002-
2004. Reception centres had improved, as there was a separate centre for
children below 15 with a connection to the psychiatric centre for guidance.
There was another centre for children of 15 to 18. Many of them
experienced war and other traumas requiring treatment. Many adults
suffered greatly and did not focus on their children in the reception
centres. Programmes for parenting were developed to deal with this issue.
There were discussions about the possibility of Child Welfare taking over
child reception centres. The main goal was to provide care and try to find
the parents or other relatives.
The Committee was interested in forced marriages and the number of calls
the hotline received. The Delegation did not have this number but indicated
that 1 ½ million had been allocated for the hotline and it was beneficial.
There was a pilot project on female genital mutilation called the ‘OK
project’ (it took place in 2004). The Delegation had heard that it was very
positive and was being implemented in ordinary health work.
In response to the Committee, the Delegation indicated that information
showed that boys and girls were treated in an equal manner. The
Delegation thought that children below 18 should be able to open bank
accounts for their organisations. The discrimination law was going to be
monitored by the Ombudsman.
Education
The Committee noted that there was substantial controversy surrounding
mandatory Christian Religious instruction. The Delegation informed the
Committee that the purpose of the religious instruction was to provide
training on religion and ethics in general and promote acceptance and
tolerance. Exemption from these studies would be simplified and the
curriculum was being changed. The Committee suggested that it would be
easier if the course was not mandatory, but the Delegation said that this
option had been discussed comprehensively and it was not agreed upon.
The Committee asked what was provided for the children as an alternative.
Appropriate programming was being developed.
The school system required immigrant children to be fluent in Norwegian.
The Government was conducting language programmes in day-care
centres.
The Committee queried Norway’s level of bullying. The Delegation noted
that bullying was happening worldwide and was not more frequent in
Norway. The latter had completed the first studies on bullying and people
worldwide were using the results. It recognized the importance to improve
school climate and started a pilot project for parent management training.
The whole municipality was being trained.
Optional Protocol
The Delegation stated that the penal code, provision on child pornography,
and the plan of action on the sale of women and children would be
launched in summer 2005. It noted that few children were trafficked in
Norway. A national survey system, initiated to track movement and
assistance for women and children who were sold, had been improved.
The Committee commented that this was the first Optional Protocol (OP) to
be reviewed. It noted that the National Plan related to child prostitution
focused on trafficked women. The Committee emphasized the need for
clear guidelines for trafficked children.
The Committee noted that the Norwegian code and the OP moved along
the same lines. The State Party recognized that there was not much
information on the subject. As it had been in force since 2003, the
Committee asked about the measures for implementing the OP and
whether professionals had been trained to deal with the issue. The
Committee also requested information on the SAFT programme and
awareness-raising to instruct children how to react in such cases.
The Delegation described the SAFT programme as a collaboration between
five countries in the area of pornography on the Internet. The programme
involved awareness-raising and police cooperation.
The Committee was concerned that perpetrators could escape the law by
saying that the children looked over 18. The Delegation assured the
Committee that the burden of proof would be on the adult even if the child
looked older.
The Committee asked about the policy for Norwegians who abused
children overseas. The Delegation indicated that Norway would prosecute
individuals and companies. It was more difficult for a company to say that it
was deceived by age, and the burden of proof was weighted against them.
The Committee asked whether compensation for pornography, prostitution
and other forms of sexual abuse were available to victims abused by
Norwegians abroad. The Delegation indicated that Norway had already
dealt with cases where compensation was provided to children abroad.
The Committee asked if the Delegation had experience in drawing up
mechanisms so that phone and cable companies could filter and block
pornography on the Internet.
The Committee asked if rehabilitation of trafficked victims was different for
children and adults. The Delegation indicated that all victims had a right to
health services and there were no major differences. The Committee
countered that the child welfare system had the responsibility to take care
and treat these children.
The Government also supported outreach team to work with prostitutes to
disseminate information in different languages and provide assistance.
Concluding Remarks
The Country Rapporteurs hoped that Norway would continue to strengthen
its legislation in harmony with the CRC. They recommended further training
in child rights education in school. They suggested that services for asylum
seekers and institutions particularly children without parental care
continued to be improved. They encouraged the Delegation to broadly
disseminate conclusions with general public and other competent players
in the civil society. They noted that Norway served as an example and was
a strong supporter of human rights. The Delegation responded that the
CRC Committee was an expert test to see if the Government’s work was
valid.