Alternative report to the un human Rights Committee regarding Norway’s sixth Periodic report under the International Covenant on Civil and Political Rights December 2010



Download 371.58 Kb.
Page19/20
Date conversion04.02.2017
Size371.58 Kb.
1   ...   12   13   14   15   16   17   18   19   20

ICCPR Article 19


ICCPR Art.

Subject

State Report para.

Keyword

19

Freedom of Expression


197-202

Freedom of speech and rights to privacy

The removal of criminal liability for defamation as well as the fact that the right to a judgment declaring a statement to be null and void has been dropped, both improves freedom of speech in Norway.

We further welcome the amendment of the penal code to take into account several decisions of the European Court of Human Rights indicating that Norway gave too much emphasis to the right to privacy in its interpretation of the scope of the right to freedom of expression. However, it took some 10 years from the start of this string of decisions until the amendment was made / took effect. This illustrate that a more flexible system should be in place to review legislation in light of findings of international human rights monitoring bodies and courts.


ICCPR Article 23


ICCPR Art.

Subject

State Report para.

Keyword

23

Family reunification and family establishment


221-226




Requirements for obtaining family reunification have become much stricter in the last few years. The Government has introduced strict conditions for family reunification, especially requirements regarding income and minimum time of education or work experience in Norway. We are concerned that persons who are granted residence permits on humanitarian grounds will be affected by this in such a way that it will become very difficult for many to fulfil the requirements. Furthermore, it has become so difficult to obtain residence permits on humanitarian grounds that those who are granted such permits often are very vulnerable, which has further decreased the likelihood of individuals in this group to meet the requirements. As a result, foreigners with residence permits on humanitarian grounds given because they would risk human rights violations, such as deprivation of liberty in contravention of article 9, if they returned to their native country may not be able to live with their family.

There is a general exemption clause to the requirements but it seems that this clause is rarely applied. We understand that the immigration authorities are not instructed to consider whether a refusal of family unification will be in contravention with Articles 17, 23 or 24 of the Covenant.



Recommendations:

  • Norway should make it easier for vulnerable persons to fulfill requirements for obtaining family reunification, or make sure that the exemption clause is more widely used.


ICCPR Article 24


ICCPR Art.

Subject

State Report para.

Keyword

24

(27)

Transfer of responsibility of care for unaccompanied asylum seekers under the age of 18


242-244

Discrimination within the age group 15-18

According to Section 1-1 of the Act of 17 July 1992 relating to Child Welfare Services, the Act applies to all children residing in the realm. However, the Norwegian Child Welfare Services assumed responsibility for the care of unaccompanied asylum-seeking minors below the age of 15 as of December 2007.


The responsibility of care for unaccompanied asylum seekers in the age group 15-18 has yet to be transferred to the Child Welfare Services. Hence, individuals belonging to this group are not given the same rights to care as other children in Norway, which amounts to discrimination.
Despite repeated criticism from civil society and UN bodies and urgent requests to transfer responsibility for the care of unaccompanied asylum-seeking minors between the ages of 15 and 18 to the child welfare system, the responsibility for the care of these children still rests with the immigration authorities. Sufficient resources have still not been allocated to facilitate a full transfer of the care.
We recommend to the Committee to ask Norway:

  • How does the State party assess the consideration of non-discrimination with regard to unaccompanied asylum-seeking minors’ right to care?

  • When will the State party grant unaccompanied asylum-seeking minors between the ages of 15 and 18 the same rights and access to care as all other children in Norway?


Recommendation to Norway:

  • The State party should submit a progress plan with a final date for when the child welfare services will assume responsibility for the care of all unaccompanied asylum-seeking minors in line with the provisions stipulated in the Child Welfare Act. The unfair discrimination of unaccompanied asylum-seeking minors with regards to their care situation must cease.



ICCPR Art.

Subject

State Report para.

Keyword

24
1   ...   12   13   14   15   16   17   18   19   20


The database is protected by copyright ©dentisty.org 2016
send message

    Main page