Concluding observations on the tenth periodic report of Norway *

1.The Committee considered the tenth periodic report of Norway (CEDAW/C/NOR/10) at its 1945th and 1946th meetings (CEDAW/C/SR.1945 and CEDAW/C/SR.1946), held on 9 February 2023.

A.Introduction

2.The Committee appreciates the submission by the State party of its tenth periodic report, which was prepared in response to the list of issues and questions prior to reporting (CEDAW/C/NOR/QPR/10). It also appreciates the State party’s follow-up report to the previous concluding observations of the Committee (CEDAW/C/NOR/FCO/9). It welcomes the oral presentation by the delegation and the further clarifications provided in response to the questions posed orally by the Committee during the dialogue.

3.The Committee commends the State party on its high-level delegation, which was headed by Minister for Culture and Equality, Anette Trettebergstuen, and included representatives of the Ministry of Culture and Equality, the Ministry of Foreign Affairs, the Ministry of Justice and Public Security, the Ministry of Health and Care Services, the Ministry of Children and Family Affairs, the Ministry of Labour and Social Inclusion, the Ministry of Education and Research, the Ministry of Climate and Environment, the Norwegian Directorate for Children, Youth and Family Affairs, and the Permanent Mission of Norway to the United Nations Office and other international organizations in Geneva.

B.Positive aspects

* Adopted by the Committee at its eighty-fourth session (6–24 February 2023).

4.The Committee welcomes the work and commitment of the State party to ensure equality between women and men in law and in practice at the national and international levels, including with respect to promoting the full spectrum of the women and peace and security agenda of the Security Council pursuant to its resolution 1325 (2000) and subsequent resolutions 1327 (2000), 1366 (2001), 1408 (2002), 1820 (2008), 1888 (2009), 1889 (2009), 1960 (2010), 2106 (2013), 2122 (2013), 2242 (2015), 2272 (2016), 2331 (2016), 2467(2019), 2493 (2019) and the 25‑year review of the implementation of the Beijing Declaration and Platform for Action. The Committee also notes with appreciation that the State party is among the highest ranked countries in terms of gender equality.

5.The Committee welcomes the progress achieved since the consideration in 2017 of the State party’s ninth periodic report (CEDAW/C/NOR/CO/9) in undertaking legislative reforms, in particular the adoption of the following:

(a)Amendment to the Working Environment Act to strengthen the right to full-time work, in 2023;

(b)Amendment to expand the prohibition of forced marriage to include extrajudicial forced marriage, in 2021;

(c)Amendment to expand the duty to avert a criminal offence, which is subject to penalties, to encompass forced marriage, aggravated human trafficking and aggravated sexual activity with children between the ages of 14 and 16, in 2020;

(d)Amendments to the Equality and Anti-Discrimination Act to strengthen the duty of public authorities and employers to promote gender equality and to report on it and to authorize the Equality and Anti-Discrimination Tribunal to enforce the prohibition of sexual harassment, in 2020.

6.The Committee welcomes the State party’s efforts to improve its institutional and policy framework aimed at accelerating the elimination of discrimination against women and promoting gender equality, such as the adoption and establishment of the following:

(a)Increases in the grant scheme for family and equality measures to strengthen funding for the activities of non-governmental organizations on gender equality by 70 per cent, in 2022;

(b)Sixth action plan against domestic violence for the period 2021 to 2024;

(c)The “Shareable?” educational programme on illegal image sharing among children and adolescents, in 2020;

(d)Electronic guide for preventing and addressing sexual harassment in the workplace, in 2018;

(e)Mandating of a commission to investigate gender equality issues faced by children and adolescents, including media representation and children’s exposure to sexualized media and pornography, in 2018;

(f)TryggEst comprehensive tool that municipalities can use to prevent, detect and address violence and abuse directed at the most vulnerable groups of society, in 2018;

(g)Commission for the protection of children and adolescents against harmful media content, with particular emphasis on pornographic and sexualized content, in 2019.

7.The Committee welcomes the fact that, in the period since the consideration of the previous report, the State party has ratified the Convention for the Protection of All Persons from Enforced Disappearance, in 2019.

C.Sustainable Development Goals

8. The Committee welcomes the international support for the Sustainable Development Goals and calls for the realization of de jure (legal) and de facto (substantive) gender equality, in accordance with the provisions of the Convention, throughout the process of implementing the 2030 Agenda for Sustainable Development. The Committee recalls the importance of Goal 5 and of the mainstreaming of the principles of equality and non-discrimination throughout all 17 Goals. It urges the State party to recognize women as the driving force of the sustainable development of the State party and to adopt relevant policies and strategies to that effect.

D.Parliament

9. The Committee stresses the crucial role of the legislative power in ensuring the full implementation of the Convention (see A/65/38 , part two, annex VI). It invites the parliament, in line with its mandate, to take the steps necessary regarding the implementation of the present concluding observations between now and the submission of the next periodic report under the Convention.

E.Principal areas of concern and recommendations

Visibility of the Convention, the Optional Protocol thereto and the Committee’s general recommendations

10.The Committee welcomes the courses offered on women’s rights at Oslo University and other academic institutions. It is concerned, however, that no equivalent education exists for the larger public. It also reiterates its concern about the lack of awareness about the Convention, the Optional Protocol thereto and the Committee’s general recommendations among the general public and women, in particular women from ethnic minorities, migrant women and women with disabilities, which presents an obstacle to them claiming their rights.

11. The Committee recommends that the State party intensify its efforts to raise awareness among women and men and girls and boys of women’s rights under the Convention and the remedies available to them under the Optional Protocol thereto, including via online courses and outreach activities on the Convention, the dissemination of accessible information and the use of media.

12.The Committee welcomes the inclusion of training on the Convention in induction programmes for newly appointed judges and on gender-sensitive investigations of domestic violence and sexual abuse in postgraduate courses at the police academy. It is concerned, however, that the basic mandatory training provided to prosecutors, lawyers and law enforcement officials does not cover the Convention, the Optional Protocol thereto and the Committee’s general recommendations.

13. The Committee recommends that the State party provide systematic and mandatory capacity-building for judges, prosecutors, lawyers and law enforcement officials on the Convention, the Optional Protocol thereto and the Committee’s general recommendations.

Legislative framework and definition of discrimination against women

14.The Committee notes that, as a general rule, Norwegian legislation is gender-neutral. It reiterates its concern that gender-neutral legislation, policies and programmes might result in an inadequate protection of women against direct and indirect discrimination and hinder the achievement of substantive equality between women and men, as explained in paragraph 5 of the Committee’s general recommendation No. 28 (2010) on the core obligations of States parties under article 2 of the Convention. It is also concerned that:

(a)While noting that, according to the tenth periodic report of the State party and the delegation, certain laws and policies identify, in a gender-neutral manner, the problems faced particularly by women and aim to address them, gender-neutrality may nonetheless distract from women’s disproportionate exposure to such problems and consequently fail to address them adequately;

(b)The gender-neutral approach and the ensuing invisibility of women might be further exacerbated for women facing intersecting forms of discrimination and whose specific situations require targeted interventions;

(c)The requirement to take gender equality considerations into account in decisions made by the central government has been removed from the Instructions for Official Studies.

15. The Committee reiterates its previous recommendations ( CEDAW/C/NOR/CO/9 , para. 13 (a)) and recommends that the State party include a gender-sensitive rather than gender-neutral approach in its legislation, policies and programmes, in line with the Committee’s general recommendation No. 28. It also recommends that the State party:

(a) Systematically conduct gender impact assessments in every legislative process to ensure that laws and policies are gender-sensitive and also adequately address the situation of women facing intersecting forms of discrimination;

(b) Reintroduce the requirement of gender equality considerations in the Instructions for Official Studies.

16.The Committee notes the establishment of an Equality and Anti-Discrimination Tribunal and Equality and Anti-Discrimination Ombud. It also notes that the Tribunal has taken over the Ombud’s role of enforcing the Equality and Anti-Discrimination Act. It regrets that two thirds of complaints to the Tribunal were dismissed, rejected or closed. It is also concerned about reports that there is no system in place to ensure that the Tribunal’s decisions lead to systematic and sustainable change.

17. The Committee recommends that the State party:

(a) Speedily start conducting the review announced by the delegation to examine the reason for the high number of dismissals, rejections and closures of complaints;

(b) Allocate the necessary human, technical and financial resources to strengthen the capacity of the Ombud to equip women complainants with the necessary knowledge and guidance for filing cases with the Equality and Anti ‑ Discrimination Tribunal;

(c) Set up a clear mechanism to follow up on and ensure that decisions of the Equality and Anti-Discrimination Tribunal are reflected in structural change that is sustainable.

Women’s access to justice

18.The Committee is concerned that, according to the recently adopted Compensation for Victims of Violent Crime Act, which is replacing a former version of the law, access to compensation depends on the existence of a court ruling that awards the victim compensation in the context of criminal proceedings against the perpetrator. This requirement may make it more difficult for victims, in particular victims of domestic violence, to receive compensation. It is also concerned that, under the new law, the perpetrator is given status as a party to the violence compensation case processed by the Criminal Injuries Compensation Authority, which may discourage victims from filing for compensation as they may fear contact with the perpetrator or reprisal.

19. The Committee recommends that the State party apply a victim-centred approach and consider reintroducing the previous scheme and grant compensation to victims of gender-based violence irrespective of whether criminal proceedings were instituted against the perpetrator and without granting the perpetrator party status.

20.The Committee welcomes the eligibility increase for the free legal aid scheme, in 2022. It notes with concern, however, that:

(a)Only a very small portion of the population is eligible, which particularly has an impact on women, who often have more limited financial means than men and hence face greater difficulties in paying legal fees;

(b)The free legal aid scheme does not cover all forms of gender-based violence against women, including sexual harassment, and that a current proposal for amendment by the Legal Aid Committee suggests also excluding any offences under section 107a (1) (a) or (b) of the Criminal Procedure Act, such as rape, abuse in close relationships, grossly negligent rape, rape of children, incest and human trafficking, based on the assumption that civil society organizations have sufficient capacity to provide assistance to victims of these crimes.

21. The Committee recalls that the State party cannot absolve itself of its due diligence obligation to provide victim support services by delegating these services to non-governmental organizations. It recommends that the State party:

(a) Restructure the free legal aid scheme, applying a gender perspective and taking into consideration the frequently more limited financial means of women and their disproportionate risk of certain forms of gender-based violence. In cases of family conflict or when a woman lacks equal access to family income, the use of means testing to determine eligibility for legal aid and public defence services should be based on the real income or disposable assets of the woman concerned;

(b) Ensure that victims of crimes under section 107a (1) (a) or (b) of the Criminal Procedure Act continue to benefit from the free legal aid scheme.

Crisis response preparedness

22.The Committee is concerned that despite the international commitment to drawing lessons from the coronavirus disease (COVID-19) pandemic and the collective promise to rebuild better, there are only a small number of new initiatives in the State party, including regarding improving working conditions in job sectors where women are overrepresented, such as first responder health personnel, and increasing the representation of women in decision-making positions. The Committee also notes with concern that there are no plans for crisis-preparedness that is more gender-sensitive.

23. Considering the weakening of important rights owing to the pandemic, and the need to draw, at a global level, lessons from this disruptive crisis, the Committee recommends that the State party, with the aim of preventing, coping with and overcoming crises and current challenges in a gender-sensitive manner, draw up an assessment of the impact of the pandemic on women in the State party, give new impetus to gender equality, and initiate new and innovative measures aimed at consolidating women’s rights and women’s empowerment in public and private spheres, including through increasing allocation of resources.

Gender stereotypes

24.The Committee notes with appreciation the efforts and initiatives of the State party to dismantle gender stereotypes, however, it notes with concern:

(a)That women are overrepresented among caregivers for older family members and that campaigns to encourage men to take up caretaking professions overemphasize the technological aspects of such care, which reinforces stereotypes that men are more skilled and interested in technology than women;

(b)The absence of plans to systematically address discriminatory stereotypes concerning women and girls belonging to certain racial, ethnic and religious groups, resulting in intersecting forms of discrimination.

25. The Committee recommends that the State party:

(a) Continue awareness-raising and other efforts to promote equal sharing between women and men of care responsibilities, including professionally, while avoiding conveying messages that may reinforce gender stereotypes;

(b) Develop strategies to address stereotypes about the roles and responsibilities of women and men in the family and in society that may result in intersecting forms of discrimination against women.

26.The Committee notes with concern reports of an increase in cases of sexual abuse of teenage girls by teenage boys and the possible link to the sexualization of women online and the availability of pornography.

27. The Committee reiterates its recommendation ( CEDAW/C/NOR/CO/9 , para. 23 (c)) to allocate resources for research into the root causes and possible impact of oversexualized representations of girls and women in the media and the possible links between sexualization and pornography and gender-based violence against women and girls.

28.The Committee welcomes the efforts taken by the State party to counter hate speech on several grounds, including gender. It notes with concern, however, that a high number of young women are subjected to gendered hate speech online, mostly by men, and that section 185 of the Penal Code on hate speech still does not define gender-based hate speech. The Committee also notes with concern the explanation by the delegation that an assessment in 2020 by the Ministry of Justice and Public Security on whether section 185 of the Penal Code should be expanded to include gender-based hate speech concluded that such extension of the scope of section 185 would undermine the protection afforded under that section to particularly disadvantaged groups. It is equally concerned that, according to the State party report, the Ministry also concluded that it was “unclear” whether such extension would be the “best means to combat harassment of women” (CEDAW/C/NOR/10, para. 57).

29. The Committee recommends that the State party allocate equal priority to ensuring protection from gender-based hate speech as to protection from hate speech based on other characteristics and amend section 185 of the Penal Code by adding gender-based hate speech to the list of actions that qualify as criminal hateful expressions. It also recommends that the State party adopt a new strategy on hate speech, including hate speech based on gender, to follow up on the 2016–2020 strategy against hate speech.

Gender-based violence against women

30.The Committee welcomes the many initiatives of the State party to address gender-based violence against women, including the sixth action plan against domestic violence, the expansion of the rehabilitation services for perpetrators of gender-based violence against women, family counselling services, the Alternative to Violence programme, the development of an educational programme for service providers that work with perpetrators of gender-based violence, and the existence of an interministerial working group to combat domestic violence. The Committee is concerned, however, about the continued high rate of gender-based violence against women and its significant underreporting. It also notes with concern that:

(a)According to reports before the Committee, one out of four murders is an intimate partner homicide and that 90 per cent of these homicides are femicides;

(b)The definition of rape in section 291 of the Penal Code is still based on the use of force or threat by the perpetrator rather than the absence of consent;

(c)According to data from Statistics Norway, between 68 and 78 per cent of rape cases reported to the police between 2019 and 2021 were closed by the public prosecutor and never reached the courts, and that acquittal rates in rape cases are higher than in other crimes;

(d)The prevention and investigation of domestic violence cases are not sufficiently prioritized by the local police, with long delays for processing these cases and declining resolution rates;

(e)Mandatory risk assessment tools, such as the Spousal Assault Risk Assessment and PATRIARK, used in the assessment of so-called honour-based violence, are not systematically used by all police stations;

(f)There are a high number of violations of restraining orders;

(g)The number of perpetrators wearing reverse domestic violence alarms is very small compared to the number of survivors of domestic violence wearing domestic violence alarms;

(h)There are discrepancies in the implementation of the Crisis Centre Act across municipalities, hampering the provision of adequate and equal protection and services to all victims of gender-based violence;

(i)According to reports, the risk for women with disabilities of domestic violence is significantly higher than that of women without disabilities, and that in cases of rape of women with disabilities, the courts in the State party sometimes apply section 295 of the Penal Code on special protection of women with disabilities from sexual exploitation which carries a lighter penalty than section 291 of the Penal Code on rape;

(j)Although Sami women face different forms of gender-based violence within and outside the Sami community, there is insufficient knowledge of Sami language and culture among law enforcement officials and health professionals, and that the Sami crisis centre in the Sami traditional territory was closed in 2019;

(k)There has been increase in the number of reported cases of violence in the name of so-called “honour” since 2019, affecting predominantly women and girls;

(l)Migrant women whose residence status depends on the status of their husband and who need to stay three years in a marriage before being eligible for a residence permit in their own right, might be forced to stay in a violent relationship, given that the exception in section 53 (1) b of the Immigration Act is often strictly interpreted by the Directorate of Immigration, which reportedly applies a higher threshold for the severity of the abuse than stipulated by law and requires financial independence of the victim despite the Immigration Regulations exempting victims of gender-based violence from this requirement.

31. The Committee recommends that the State party, in close consultation with women’s groups and experts on gender-based violence prevention, increase efforts towards the prevention of gender-based violence against women, including by: introducing teachings about zero tolerance for violence into the school curriculum at all levels and training teachers accordingly; conducting large-scale awareness-raising campaigns in the media on zero tolerance for violence, on recognizing aggressive behaviour and on where to seek help; ensuring sufficient support structures are in place for women wishing to leave an aggressive spouse; and setting up programmes for perpetrators of gender-based violence aimed at non-recurrence. The Committee furthermore recommends that the State party:

(a) Implement the recommendations issued by the Committee on Partner Homicide, including to set up the Permanent Intimate Partner Homicide Commission and ensure that it is allocated adequate human, technical and financial resources;

(b) Renew its national action plan against rape, which expired in 2022, and conduct a study on the reasons for the discontinuance of a high number of rape cases, including the potential links to gender bias against victims of rape;

(c) Align the definition of rape with international standards, basing it on the lack of consent rather than use of force or threat;

(d) Include capacity-building on the investigation, prosecution and adjudication of domestic violence cases in the mandatory basic education for the judiciary, prosecutors, police and other law enforcement officers, including on the issuance and monitoring of restraining orders and reverse domestic violence alarms, as well as in the use of the Spousal Assault Risk Assessment and PATRIARK;

(e) Allocate adequate resources and provide the necessary capacity-building to ensure the effective and uniform implementation of the Crisis Centre Act throughout the State party;

(f) Provide capacity-building to relevant law enforcement officers, health professionals and municipal employees to strengthen the identification of victims of gender-based violence among women with disabilities, including through better use of the TryggEst tool ; ensure that women with disabilities have access to confidential and independent complaint mechanisms; and apply section 291 of the Penal Code on rape in all cases of rape;

(g) Conduct research into the disproportionate risk of gender-based violence against Sami women to prevent and address the gender-based violence they experience within and outside their community, provide capacity-building to law enforcement officials on Sami language and culture, and allocate sufficient human, technical and financial resources to re-establish the Sami crisis centre;

(h) Intensify monitoring of the incidence of violence in the name of so ‑ called “honour” while taking into consideration all circumstances that may lead to the increase or decrease of reporting of these cases and analyse the reason for the increase in reporting of such violence. I t also recommends that the State party disseminate information o n how to seek protection from and report violence in the name of so-called “honour” through different accessible channels, including at school and via social media, and provide support for victims and for women and girls who fear they may be subjected to violence in the name of so ‑ called “honour”;

(i) Ensure that the provisions in the Immigration Act and Immigration Regulations are not applied in an overly restrictive way but in a way that protects the rights of women victims of gender-based violence, and provide women victims of gender-based violence w ith the support needed to access to judicial review of decisions of the immigration authorities;

(j) Implement the recommendations in the 2022 Baseline Evaluation Report by the Group of Experts on Action against Violence against Women and Domestic Violence.

Trafficking and exploitation of prostitution

32.The Committee is concerned about the continued lack of comprehensive information and data on trafficking in women and girls in the State party. It also notes with concern:

(a)The prevalence of trafficking in women and girls for purposes of sexual exploitation, which often occurs online;

(b)That victim identification, referral to appropriate services and follow-up on trafficking cases are scattered among different government agencies and civil society organizations and implemented mostly in the form of temporary schemes;

(c)The lack of understanding among public bodies about human trafficking and victim identification, which can expose trafficking victims to deportation and the risk of retrafficking, and that the number of lawyers specialized in trafficking cases is small;

(d)The low prosecution and conviction rates in trafficking cases.

33. The Committee recalls general recommendation No. 38 (2020) on trafficking in women and girls in the context of global migration, and recommends that the State party:

(a) Conduct policing and investigation to detect sexual exploitation online and identify and prosecute traffickers;

(b) Set up a centralized system to identify and follow up on cases of trafficking and to ensure adequate referral pathways for victims, and conduct corresponding systematic capacity-building of law enforcement officers, including police officers, immigration and border control officers, social workers and health professionals;

(c) Promptly investigate, prosecute and adequately punish those responsible for trafficking and provide multisectoral capacity-building programmes for the judiciary and law enforcement officials on the strict application of anti-trafficking legislation;

(d) Conduct awareness-raising campaigns to encourage law students and lawyers to specialize in the representation of trafficking victims, and subsidize pro bono schemes in this regard.

Equal participation in political and public life

34.The Committee notes with appreciation the number of programmes developed for women who are underrepresented and belong to disadvantaged groups owing to discriminatory structures, institutions and systems, in particular with regards to Sami women and women with disabilities. The Committee is concerned, however, that this approach is based on a model of service provision only rather than effective empowerment. This limited effective empowerment is visible in the underrepresentation of Sami women, women with disabilities and other minority women in the decision-making systems of the State party.

35. The Committee recommends that the State party adopt an empowerment model rather than a model of service provision only and allocate the necessary resources and develop quotas to ensure true empowerment of women from every group and their full representation in the decision-making systems of the State party.

Education

36.The Committee welcomes the central role that gender equality has in the national primary and secondary education curricula for social studies; however, it notes with concern:

(a)That despite efforts by the State party to direct more girls to career paths traditionally followed by men and more boys to career paths traditionally followed by women, the educational and occupational choices of girls and boys continue to be gendered;

(b)Reports of bullying of girls in school environments, including via social media.

37. Recalling general recommendation No. 36 (2017) on the right of girls and women to education, the Committee recommends that the State party promote the importance of the education of girls at all levels as a basis for their empowerment. It recommends that the State party assess the impact of the inclusion of gender equality in its education curricula to identify how it could be further strengthened, notably with a view to also forming a basis to address and reverse gendered educational choices. It further recommends that the State party:

(a) Intensify efforts towards a gender-equal labour market and orienting more girls to career paths traditionally followed by men and more boys to career paths traditionally followed by women, including by allocating more resources to campaigns where pupils can obtain information about these professions and by conducting awareness-raising programmes to increase the understanding of the importance of traditionally female dominated fields of study and career paths, such the care sector, and to increase the value assigned to these by society;

(b) Provide comprehensive and systematic capacity-building to teachers, pupils and parents on preventing and addressing bullying with a gender perspective, set up confidential complaint mechanisms in schools, include anti ‑ bullying education in school curricula at both the primary and secondary levels, and provide pupils with information on defending themselves against bullying.

38.The Committee notes with concern that the provisions of the Integration Act on the admission of adult immigrants to vocational and university studies are primarily targeted at candidates who have already completed lower secondary education and who need support in completing upper secondary education and not at those with a lower educational background, notably those who have not completed lower secondary education, who will predominantly be women.

39. The Committee recommends that the State party set up structures to provide support to migrant women and girls to acquire the necessary qualifications to make them eligible to access vocational and university studies, with a view to contributing to their autonomy.

Employment

40.The Committee welcomes that 76 per cent of women in the 20–66 age group are in formal employment in the State party, which is among the highest participation rates in the world. It also notes with appreciation that according to 2019 data, in companies where the State party had an ownership share, the average number of women Chief Executive Officers at the executive level and on boards was at 41 per cent and above 46 per cent, respectively. The Committee further welcomes the instauration of flexible working arrangements; the new initiative to encourage employers to provide full rather than part-time jobs, parental leave schemes and childcare facilities; as well as the job opportunity programme aimed at increasing the employment rate among minority women. The Committee is concerned, however, that:

(a)The labour market remains highly segregated based on gender, with women being overrepresented in certain lower-paying sectors and in public and part-time positions that are more reconcilable with their family responsibilities, and that women are underrepresented in the private sector and in managerial posts;

(b)According to the 2022 Norwegian Gender Balance Scorecard from the Centre for Research on Gender Equality, women only make up 27 per cent of executives and 32 per cent of board members of the 200 largest companies in the State party;

(c)Women carry a disproportionate care and child-raising burden, which hampers their career prospects;

(d)There is a gender wage gap resulting from occupational segregation;

(e)Women belonging to underrepresented groups, who are disadvantaged and marginalized because of discriminatory structures, institutions and systems and include migrant women, Sami women, women with disabilities and women victims of gender-based violence, face barriers to integrate into the labour market.

41. The Committee recommends that the State party:

(a) Further strengthen its efforts to promote the equal sharing of child-raising and care responsibilities between women and men and to offer flexible working arrangements to women and men in all sectors;

(b) Adopt the draft gender equality law, which would require large companies to have their boards be least 40 per cent women, extend this quota to medium-scale companies and to the representation of women at the executive level, and conduct a study on the underrepresentation of women in managerial posts, with a view to identifying potential gender bias and developing strategies to address it;

(c) Provide training and support programmes, combined with the active involvement of and incentives for employers, to facilitate access to the job market by women belonging to underrepresented groups, who are disadvantaged or marginalized because of discriminatory structures, institutions and systems, with a view to promoting their autonomy.

Sexual harassment in the workplace

42.The Committee welcomes the indication by the delegation that the Government is currently working on a white paper on sexual harassment to be submitted to Parliament in 2024. The Committee notes with concern, however, reports of sexual harassment of women in the workplace, in particular in certain sectors, notably the fishing industry and the armed forces. It also notes with concern that according to a 2018 survey, there were 43 cases of rape and 124 cases of attempted rape in the armed forces in 2017.

43. The Committee recommends that the State party:

(a) Ensure the effective implementation of criminal and administrative legislation for the prevention of sexual harassment in the workplace with special attention to sectors with an increased risk of sexual harassment;

(b) Provide capacity-building programmes to judges and law enforcement officials to facilitate effective access to protection and independent and confidential complaint mechanisms for victims of sexual violence and discrimination in the workplace;

(c) Ratify the Violence and Harassment Convention, 2019 (No. 190) of the International Labour Organization.

Socioeconomic benefits

44.The Committee notes with concern that, on average, women receive lower pension benefits than men, owing to occupational segregation, the overrepresentation of women in part-time employment and their disproportionate care and child-raising responsibilities. It also notes with concern that the 2022 analysis of the 2011 pension reform did not include a gender perspective.

45. The Committee recommends that the State party review its pension scheme from a gender perspective, taking into consideration that the disproportionate burden of unpaid care work of women often forces them into lower-paying and part-time jobs.

Health

46.The Committee notes with appreciation the high quality of health care in the State party. It also welcomes the appointment of a public committee to produce a report on women’s health and health from a gender perspective and to submit its recommendations in 2023, following which a new strategy on women’s health will be developed. The Committee furthermore welcomes the opening, in 2020, of a Sami health clinic in Karasjok. The Committee notes with concern, however, that:

(a)Women’s health is underresearched, including with regard to the specific health needs of women, occupational hazards in traditionally female jobs, the health impact of unpaid work by women and care provision for all ages;

(b)According to the Norwegian Institute of Public Health, Sami women are disproportionately affected by mental health conditions;

(c)One in five women in the State party suffers from endometriosis and might be receiving inadequate treatment;

(d)Access to contraceptives is free of charge only for young people under 20 years of age, and abortion between weeks 12 and 18 demands a special board approval.

47. The Committee recommends that the State party:

(a) Allocate increased resources for research on women’s health and the health impact of gender-based discrimination; integrate women’s health and gender and medicine into the curricula for all areas of medical studies, with a view to strengthening knowledge and expertise on women’s health and to effectively address “women’s diseases”, such as endometriosis; and ensure that the future national competence centre on endometriosis is adequately funded;

(b) Conduct research into the disproportionately high rate of mental health issues among Sami women and develop preventive solutions and ensure that Sami women have access to gender-sensitive and appropriate mental health care;

(c) Provide access to contraceptives free of charge to all women and men without sufficient means to procure them;

(d) Ensure that the abortion law respects the autonomy of women and consider the possibility of removing the involvement of an abortion board;

(e) Develop a national plan to address the care deficit at old age with a gender lens in relation to both care recipients and formal and informal care providers.

Climate change

48.The Committee welcomes the general recognition by the State party of the disproportionate impact of climate change on women and girls, and its general willingness to increase its knowledge on this matter and gender-sensitive climate change mitigation measures. It notes with concern, however, that:

(a)The gender dimensions of climate change are not addressed in the State party’s climate action plan for the period 2021 to 2030;

(b)The State party has further expanded its oil and gas industry, including by granting 47 new oil and gas exploration permits in January 2023, including in the Arctic, where temperatures rise particularly fast, and despite the European Union’s aim to ban extraction in the Arctic;

(c)The greenhouse gas emissions of the State party’s extraction industry undermine its obligations to ensure the substantive equality of women with men, as climate change disproportionately affects women, especially those in situations of poverty, as they are more reliant on natural resources for their livelihoods than men and have fewer resources to deal with natural hazards.

49. The Committee recalls general recommendation No. 37 (2018) on the gender-related dimensions of disaster risk reduction in the context of climate change and recommends that the State party:

(a) Review its climate change and energy policies, in particular its policy on the extraction and export of oil and gas, as well as the activities of related State-owned companies and private companies, taking into account the disproportionate negative impact on women and girls both within and outside its territory, with a view to radically reducing greenhouse emissions in line with the Paris Agreement on climate change;

(b) Adopt relevant legislation, with a monitoring mechanism, to ensure that businesses are held accountable for the impact of their activities on women’s human rights and environmental degradation;

(c) Set up a mechanism to ensure meaningful and equal participation of women and girls, in particular from the Sami community, in the development of climate change adaptation and reduction strategies;

(d) Update the Climate Change Act to reflect the State party’s new nationally determined contribution to reduce emissions by at least 55 per cent by 2030 and take concrete steps to also achieve net-zero emissions by 2050;

(e) Actively support and participate in the creation and operation of new funding arrangements for responding to loss and damage as decided during the United Nations Climate Change Conference, 2022.

Women in detention

50.The Committee notes with appreciation the efforts made to improve the situation of women in detention, including the provision of a specialized mental health-care service in prisons. It remains concerned, however, that the infrastructure of the prison system has been designed for the majority male prison population. Specifically, it notes with concern that:

(a)The Equality and Anti-Discrimination Ombud observed, in 2017, that the correctional service was unable to fulfil its obligation to protect women in prison from violence and abuse;

(b)There is a high suicide rate and likelihood of self-harm among women prisoners, and that health services in prison are often not tailored to the specific needs of women, including with respect to mental health care and substance use rehabilitation services;

(c)Several prisons for women are located in old and unsuitable buildings;

(d)The director of correctional services was found guilty of gender-based discrimination against female prisoners in Tromsø prison in 2020, including because there was no separate section for women in the high-security ward.

51. The Committee recommends that the State party conduct a review of the Execution of Sentences Law a nd the Regulations relating to the Execution of Sentences, a s well as the associated guidelines, from a gender perspective to protect women in prison against gender-based discrimination and ensure that their prison conditions are in line with the United Nations Rules for the Treatment of Women Prisoners and Non-Custodial Measures for Women Offenders (the Bangkok Rules). I t also recommends that the State party ensure that women in prison:

(a) Are fully protected against any form of gender-based violence and that they have confidential and effective mechanisms to report any occurrence of such violence;

(b) Are always placed in prisons or wards separated from men, without this infringing on their access to out-of-cell activities and basic services, and that their conditions of detention are in line with international standards;

(c) Have full access to gender-sensitive health care, including mental health-care services.

52.The Committee, while welcoming the general regulation that detainees need to be placed as close to home as possible, is concerned that this leads to many women being placed in units where men form the majority, which hampers their safety, and that measures to uphold their safety infringe on their rights, including less out-of-cell time and activities. It is also concerned that women who need to have special needs addressed are sometimes placed in prisons far from home, which hampers visits by their children and other close relatives.

53. The Committee recommends that the State party, in close consultation with the Norwegian National Human Rights Institution a nd non-governmental organizations, explore how the rights of women prisoners could be fully implemented while also e nsuring that women serve their sentences close to their families.

Women with disabilities

54.The Committee is concerned that women with disabilities continue to face intersecting forms of discrimination. It notes with concern:

(a)The lack of a gender perspective in disability studies and the absence of the rights of women and girls with disabilities from the gender equality and disability agendas;

(b)That, under certain circumstances, women and girls with disabilities continue to be subjected to involuntary medical treatment, including forced sterilization and abortion.

55. The Committee recommends that the State party:

(a) Ensure that a gender perspective is integrated into disability studies and the human rights of women and girls with disabilities are integrated into the gender equality and disability agendas;

(b) Prohibit involuntary medical treatment, including abortion and sterilization, without the free, prior and informed consent of the women and girls concerned, regardless of the severity and type of their disability, and provide them with adequate support to take autonomous decisions on their health;

(c) Establish programmes at the national and regional levels to provide access for women with disabilities to sexual and reproductive health services.

Migrant women

56.The Committee is concerned about the very narrow definition of emergency health care accessible to undocumented migrants, which is limited to care that is necessary within three weeks. The Committee is concerned that this may adversely affect the health of undocumented migrant women, who are often in a particularly disadvantaged situation because of discriminatory structures, institutions and systems, and need adequate access to sexual and reproductive health services and mental health services.

57. The Committee recommends that the State party ensure that undocumented migrant women and girls have access to the documentation necessary for non-emergency health services without the risk of being reported to the immigration authorities and subsequently being deported.

Marriage and family relations

58.The Committee remains concerned that the economic rights and social benefits of women living in de facto relationships are not adequately protected in the State party, unless they have common children or have entered into an explicit agreement with their partner.

59. The Committee reiterates its previous recommendation ( CEDAW/C/NOR/CO/9 , para. 49 (b)) and recommends that the State party adopt the legal measures necessary to enhance the economic protection guaranteed to all women living in de facto relationships, by recognizing their rights with respect to the property accumulated during the relationship, in line with the Committee’s general recommendations No. 21 (1994) on equality in marriage and family relations and No. 29 (2013) on economic consequences of marriage, family relations and their dissolution.

60.The Committee notes with concern that the capacity of mediation services to recognise domestic violence cases is inadequate, in particular in separation proceedings and custody and visitation disputes. The Committee also remains concerned that situations of domestic violence may not be adequately addressed in decisions on child custody, particularly when alternate residence is contemplated.

61. The Committee recommends that the State party provide targeted capacity-building to family law judges, youth welfare offices and relevant mediation services on how to record and consider the occurrence of domestic violence. It also reiterates its previous recommendation ( CEDAW/C/NOR/CO/9 , para. 49 (c)) and recommends that the State party ensure that gender-based violence against women in the domestic sphere is taken into account in child custody or visitation decisions, especially when alternate residence is contemplated.

Beijing Declaration and Platform for Action

62. The Committee calls upon the State party to use the Beijing Declaration and Platform for Action and to further evaluate the realization of the rights enshrined in the Convention in order to achieve substantive equality of women and men.

Dissemination

63. The Committee requests the State party to ensure the timely dissemination of the present concluding observations, in the official language of the State party, to the relevant State institutions at all levels (national, regional and l ocal), in particular to the Government, Parliament and the judiciary, to enable their full implementation.

Ratification of other treaties

64. The Committee notes that the adherence of the State party to the nine major international human rights instruments w ould enhance the enjoyment by women of their human rights and fundamental freedoms in all aspects of life. The Committee therefore encourages the State party to ratify the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, to which it is not yet a party.

Follow-up to the concluding observations

65. The Committee requests the State party to provide, within two years, written information on the steps taken to implement the recommendations contained in paragraphs 15 (a), 17(c) and 3 1 (c) and (d) above.

Preparation of the next report

66. The Committee will establish and communicate the due date of the eleventh periodic report of the State party in line with a future predictable reporting calendar based on an eight-year review cycle and following the adoption of a list of issues and questions prior to reporting, if applicable, for the State party. The report should cover the entire period up to the time of its submission.

67. The Committee requests the State party to follow the harmonized guidelines on reporting under the international human rights treaties, including guidelines on a common core document and treaty-specific documents ( HRI/GEN/2/Rev.6 , chap. I).