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Norway

A. UN Convention status

A1. Ratification or conclusion of the UN Convention

Norway signed the UN Convention on 30 March 2007, and ratified it on 3 June 2013. The Parliament (Stortinget) unanimously voted for the ratification on 19 March 2013.
The late ratification was due to the time it took to change the legislation on guardianship since the earlier national legislation was seen as not being in line with Article 12 of the Convention. However, the Convention has not been incorporated into national law, which recently has been criticised by the UNCRPD Committee in their Concluding observations on the initial report of Norway.

Links

Update date: Wed, 2019-05-29

A2. Ratification or accession to the Optional Protocol

Norway has not yet ratified the Optional Protocol. According to the first report to the UN Committee on the Rights of Persons with Disabilities, accession is being considered. However, the issue was discussed in the Parliament in November 2017, but no agreement was reached on the subject.

Links

Update date: Wed, 2019-05-29

A3. Declarations, Reservations and Objections

Norway has not made reservations, but two declarations on the interpretation of Articles 12, 14 and 25. However, a Public Committee appointed in 2014 to consider the necessary changes to ensure the fulfilment of the basic rights of people with intellectual disability (the Rights Committee) expressed in their Official Report (NOU 2016: 17) doubts about these interpretations and concluded that the Norwegian legislation and practice are in conflict with articles 12, 14 and 25 of the UN CRPD.

Links

Update date: Wed, 2019-05-29

A4. Comprehensive review

In the process towards ratification, a review was undertaken that was fairly comprehensive. It was considered that the Norwegian Act on Guardianship was in conflict with Article 12 of the UN Convention. A new Law on Guardianship (Lov om vergemål) entered into force in 2013. However, the Rights Committee appointed by the government concluded that the new Law is still in conflict with Article 12 (NOU 2016: 17).

Links

Update date: Wed, 2019-05-29

A5. Focal point

There will be no new body established in Norway as a focal point. Each government department will be focal point for issues related to the jurisdiction of that department. Since 2018, the Ministry of Culture, through the Department for Equality, Discrimination and International Affairs, is responsible for the coordination of disability policies, also with regard to the Convention focal points. The State Council on Disability was planned to be an advisory body (see Prop 106 S, 2011-12, p. 24), but this Council has not been in operation since March 2012 and will not be re-appointed.

Links

Update date: Wed, 2019-05-29

A6. Coordination mechanism

The Department for Children, Equality and Social Inclusion is responsible for the coordination of disability policies and will also be the coordinating mechanisms related to the Convention

Links

Update date: Wed, 2019-05-29

A7. Independent mechanism

The Equality and Discrimination Ombudsman (Likestillings- og diskrimineringsombodet, in Norwegian) will be the independent mechanism. The Proposition on the ratification of the UN Convention (Prop 106 S, 2011-12) discussed this and concluded that this body was independent enough according to the Paris Principles on institutions to promote and protect human rights (p. 24). On 1 January 2018, the Equality and Anti-Discrimination Ombudsman Act (2018) came into force, and the Equality and Anti-Discrimination Tribunal acts as the independent mechanism.

Links

Update date: Wed, 2019-05-29

A8. Official reporting

The first comprehensive state report was submitted on 2 July 2015. The list of issues in relation to the initial report of Norway was received in October 2018. Norway replied to the List of issues in January 2019. The Concluding Observations on the initial report of Norway were issued on 7 May 2019.

Links

Update date: Wed, 2019-05-29

A9. Shadow reporting

There are two shadow reports, one from the 'independent mechanism' (the Ombudsman) and another one from disability organisations. The report from the Ombudsman was submitted in July 2015 and the one from disability organisations was launched on 3 December 2015. The report from disability organisations have been a joint effort coordinated by the FFO (The Federation of Disabled People's Organisations).

Links

Update date: Wed, 2019-05-29

B. General legal framework

B1. Anti-discrimination legislation

The Equality and Anti-Discrimination Act (2018) prohibits direct and indirect discrimination on the ground of disability (including previous, supposed and anticipated disability, and also the disability of another person, e.g. a child or a spouse). The Act also includes provisions on accessibility, universal design and individual adaptations. It was adopted on 1 January 2018 and is a civil law that applies to all discrimination grounds and all social sectors. It replaced the former Law on Discrimination and Accessibility, which applied only to discrimination on the ground of disability. However, the Equality and Anti-Discrimination Act (2018) does not comprise substantial changes in the protection of disabled people.

Links

Update date: Wed, 2019-05-29

B2. Recognition of legal capacity

Legal capacity is in general taken for granted. Exceptions to legal capacity are regulated by law. The Law on Guardianship is the most important law, but articles on restraint in the Law on Mental Health Services and Law on Health and Care Services can also be seen as relevant. The Storting (Parliament) decided to adopt a new Law on Guardianship in 2010 that came into force in 2013. The main principle guaranteed by this law is that people who cannot take care of their own interests should have a guardian. Disability is not listed among possible reasons for not being able to take care of one's own interests, but intellectual disability is, together with dementia, addiction, and serious health issues. The decision to appoint a guardian may comprise restrictions on legal capacity. This can be the case if there is a severe risk that the person will act in a way that would seriously harm his/her own interests. Such restrictions should be adapted to individual needs and not go beyond this. However, the Law on Guardianship allows for restriction of legal capacity on grounds of intellectual disability, which, according to a recent Norwegian Official Report (NOU 2016: 17) implies direct discrimination and a violation against Articles 5 and 12 of the UN Convention.

Links

Update date: Wed, 2019-05-29

B3. Accessibility of voting and elections

As a general rule, all people aged 18 years old and above have the right to vote. It is also recognised that access to needed information for blind people is limited and that not all voting facilities are accessible. The Law on Voting (Valgloven) has articles on support when voting (article 9-5-5) and provides regulations concerning accessibility (article 26). This places a duty on the local authorities to make voting facilities accessible and to ensure that blind and visually impaired people can vote without using reading support (that information is available in an accessible format). The election manual provides an overview of the regulations that apply when implementing elections. The manual contains a comprehensive section (10.3) on accessibility and universal design.

Links

Update date: Wed, 2019-05-29

B4. Official recognition of sign language

Sign Language is recognised as an official language in Norway. The status of Sign Language was confirmed by the Storting (Parliament) in March 2009 when deciding upon a White Paper on language policies (White Paper no 35, 2007-08). However, the legal status of this recognition is not fully clear. Sign Language is part of two articles in the Act on Education, article 2-6 on sign language in compulsory school and article 3-9 on Sign Language in secondary education. The Law on Social Security (Folketrygden) also provides the right to Sign Language interpretation (article 10-7 f, g) as part of the system for assistive technology.

Links

Update date: Wed, 2019-05-29

B5. National disability strategy and action plan

Norway had national disability action plans from 1990-2001, but since then it has been mainstreamed that a set of action plans and strategies in different policy areas exist. However, in December 2018, the government launched a new Strategy for the equality of persons with disability for the period 2020-2030 (“A society for all”), followed up by an Action plan in 2019. Another important current plan is 'Norge universelt utformet 2025' (Norway Universally Designed 2025), and the current Government's Action Plan for Universal design 2015-2019 (Regjeringens handlingsplan for universell utforming 2015-2019). The plan refers to the UN CRPD but came into effect before the Norway's ratification of the Convention. It is a general plan on moving forward to constructing a more universally designed country that contains a set of prioritised actions throughout the coming years. It has four priority areas: the built environment, land-use planning, transport, and ICT.

Links

Update date: Wed, 2019-05-29

C. Accessibility

C1. Transport accessibility

Transport accessibility is included in a number of laws or regulations, and has a chapter in the (former and) current National transport plan 2018-2029 (White paper (St meld) no 33, 2016-2017). The EU Directive 2001/85EC on accessibility to buses is implemented in the Driving Vehicles Regulations (kjøretøyforskriften), Directive 2003/24/EC on accessibility on ships is implemented (1 January 2009) and is also extended to domestic passenger ships (in force for new ships since 1 January 2010). The EC 1107/2006 and EC 1371/2007 on air traffic have also been implemented. In general, the regulations apply to new transport vehicles, which means that vehicles with a long life span are relatively less accessible (ships, rail). Regarding an investment programme for new trains, requirements have been negotiated with disability organisations, and those requirements will be implemented as regulations. Bus stops, terminals, buildings, etc. are regulated by the Law on planning and building codes, which has universal design in its article on purpose and aims (in force gradually from 1 July 2010 to 1 July 2012). Regulations are gradually introduced and transport accessibility is included in the national disability action plans. The Norway’s first report to the UN Committee on the Rights of Persons with Disabilities provides an update on actions in the chapter on Article 20: Personal Mobility.

Links

Update date: Wed, 2019-05-29

C2. Built environment accessibility

The inclusion of accessibility standards in the regulations on the built environment has been undergoing a gradual development since the 1980s, with a quantum leap with the adoption of the Planning and Building Act on 1 July 2009. Most articles relevant for universal design have been in force from 1 July 2010. Universal design is specified in Article 1 (aims), 5-2 (involvement of parties), 12-7 (4) detailed area planning, 29-3 requirements on buildings. More detailed regulations are developed in TEK (10) (technical building codes) addressing universal design in articles on aims (1-1), public-use areas (8-2), and buildings (12-1). In general, the requirements apply to public-use buildings , but article 29-3 of the Planning and Building Act also provides the legislative basis for regulation of workplace buildings. Some parts of the Act and regulations refer to future standards or detailed regulations. The Government plans a stepwise approach to introducing these standards in different areas. Failure to comply with future standards will also be regarded as discrimination according to the Equality and Anti-Discrimination Act (2018). The state of art and current actions and priorities are described in the Government’s Action Plan for Universal Design 2015-2019, Chapter 5.

Links

Update date: Wed, 2019-05-29

C3. ICT and Web accessibility

The legislation on access to ICT is regulated by Article 17 in the Equality and Anti-Discrimination Act (2018). According to this Act, all public and private undertakings focused on the general public have a duty to ensure that their general functions (including ICT) have a universal design. The requirement applies to all new equipment/ services. Existing technologies should be universally designed by 1 January 2021. Access to ICT is the top priority of the current Government’s Action Plan for Universal Design 2015-2019. Regulations on universal design of ICT, which were adopted in 2013, were expanded in 2017 to apply also to the education sector.

Links

Update date: Wed, 2019-05-29

D. Independent living

D1. Choice of living arrangements

There is no obligation for disabled people to have a particular living arrangement, but for people that need extensive services the issue will be subject to negotiations between the person and the authority responsible for services, typically the local authority. In reality, local authorities have a freedom regarding how they organise services and this can be in conflict with the person’s right to choose where to live. On the one hand, very few disabled people live in long stay institutions in Norway, and it is generally not regarded an option local authorities may choose. On the other hand, there are a few cases of young and middle-aged people that have acquired severe impairments who live in nursing homes for elderly (81 people younger than 50 years of age in 2016, according to the Norwegian Directorate of Health). Several national government programmes have been adopted to combat this, but due to shortage of alternatives, middle-aged people with acquired severe impairments continue to be admitted to nursing homes. While the public debate on this issue has been silent for some years, it has gained increasing attention after the ratification of the UN Convention, much due to Article 19 stating the right to choose the place of residence, and a gradual trend in recent years in which community services have become more congregated and institution-like.

Links

Update date: Wed, 2019-05-29

D2. De-institutionalisation

The 1990s were the years of de-institutionalisation in Norway. In 1988 the Storting (Parliament) decided to close all institutions for people with intellectual disabilities (from 1991-1995), and a programme to reduce long stays (to establish community alternatives) in mental health hospitals was implemented (White paper (St meld no 25, 1996-97), and also a programme to close long stay nursing homes for people with mental health issues and people with physical disabilities (NOU 1995: 14). Psychiatric institutions still exist, but their task is treatment and short term stays rather than long-term care. A few people with severe impairments are still admitted to nursing homes by local authorities, but this is against the national policy guidelines. However, there has been a trend in which community services have become more institution-like, which makes the right to choose the place of residence difficult for some groups. According to the Official Norwegian Report (NOU) 2016: 17, the proportion of people with intellectual disability living in large group homes (with seven or more) increased from 3% in 1994 and 16% in 2001, to 40% in 2010. The report contains several recommendations for strengthening the rights of people with disabilities. On 12 January 2018, the Storting decided to ask the Government to present a White paper with proposals for measures to secure the rights of people with intellectual disabilities, as follow-up of NOU 2016: 17.

Links

Update date: Wed, 2019-05-29

D3. Quality of social services

There are two basic quality assurance mechanisms : 1) individual complaints and appeals to the county governor (state representative in counties, Fylkesmann) on decisions/statements on service provision, and 2) auditing or inspections from the Board of Health (and in principle also from the National Audit Office). The Fylkesmann can also do inspections. There are regulations concerning Individual Plans which are not legally binding but that can be subject to complaints. The auditing is in general 'systems auditing' rather than quality investigations, that is, the auditing body checks to what extent systems and working procedures that ensure the quality of services exist and operate. Few concrete standards exist. There is room for discretional decisions on the part of local authorities, but these can be overruled by the Fylkesmann according to general legal obligations (such as 'professionally adequate'). A number of laws include loose standards and requirements such as “services should be according to professional standards” or in keeping with individual needs. It is up to the Fylkesmann to interpret what this in reality means, but sometimes a service does not comply with such types of standards. The Regulations on Management and Quality Improvement in Health and Care Services, adopted in 2016, aims to contribute to professionally sound health and care services, quality improvement and patient and user safety, as well as ensuring the compliance with other requirements in health and care legislation.

Links

Update date: Wed, 2019-05-29

D4. Provision of assistive devices at home

Provision of assistive devices takes place in collaboration between local authorities and Assistive Device Centres (one in each county) organised and funded by the National Social Security Scheme. Local authorities are responsible for meeting short term needs (less than six months) and Social Security is responsible for long term needs. Local authorities are expected to have an occupational therapy service involved in assessments. The right to assistive devices (beyond six-months needs) is enacted in the Law of Social Security (article 10-6 and 10-7), which is a rights based law. This makes provision of assistive devices an individual right in Norway. It is a right for people, 'if necessary and adequate to improve functioning in everyday life or to receive care at home' (author's translation). The Assistive Devices Centres are organised as a part of the Norwegian Employment and Welfare Administration (NAV). A recent innovation is the introduction of User Passes in the provision of assistive devices. The Pass gives long-term experienced users more say in the choice of device, service/repairs and replacement. This is expected to allow for more empowerment and user involvement, and to reduce waiting time and delays in the provision of devices. There is currently criticisms from disabled people’s organisations because less expensive assistive technology that is also frequently in use by other people is removed from the list of assistive technology.

Links

Update date: Wed, 2019-05-29

D5. Availability of personal assistance schemes

The personal assistance scheme is enacted in the Law on Patient Rights, article 2-1 d, which places a duty on local authorities to provide personal assistants as one option for people that, due to disability, health issues or other causes have special needs. The provision of personal assistance is funded by local authorities, but can be organised by local authorities, a user cooperative (Uloba), private enterprises or the user him/herself (rarely the case). The needs are assessed by the local authorities. The service was enacted in 2000 for people who could manage the assistants themselves, but was expanded in 2005 to include also people that needed help for this (children and people with cognitive impairments). After years of struggle, the scheme changed from being an option local governments could provide , to become an individual right of the user from 2015 on. However, the right only applies if the user is: a) younger than 67 years of age; b) has long-term service needs; and c) needs more than 25 hours of support weekly. The Government’s Strategy for the equality of persons with disabilities (2020–2030) foresees the development of a study with a view to ensuring that BPA is formulated in such a way that the scheme contributes to better achieving its purpose.

Links

Update date: Wed, 2019-05-29

D6. Income maintenance

The main income protection for adults (18-67 years) is the work incapacity pension. Eligible are people unable to work for health reasons. The benefit is for people with less than 50% work capacity. Disabled people are one important target group but the benefit is not restricted to disabled people. The level of compensation depends on work history (contributions to the national insurance scheme). For people becoming disabled after a history of employment, the average rate of compensation was until 2014 between 50% and 60% of earlier income and more for people with low income (NOU 2007: 4) but this changed to 66% when the Act on disability pensions came into force in 2015. With this new law, people on incapacity pension do also have to pay regular taxes, thus the real after-tax income did not increase.

Specific rules apply to people becoming disabled before the age of 26 (with no work history and no payments into social security). Those rules grant them a minimum annual benefit of NOK 288,000 (about EUR 29,000) before taxes in 2019 (EUR 262,000 if living with a partner). For people partly able to work the compensation is reduced (the majority actually receive 100% benefit). People aged 18-67 are eligible for the incapacity benefit. It is not tested against assets but income and work capacity. The payments are reduced if earnings exceed a threshold level (NOK 40,000).

In general, the incapacity benefit is not granted until certain procedures to try to find a gainful employment have been tried without success (work assessment procedures). In this period, people receive the Work Assessment Benefit (AAP), which in principle has the same level of compensation as the work incapacity benefit. Normally, one cannot get AAP for more than three years.

Links

Update date: Wed, 2019-05-29

D7. Additional costs

Grunnstønad (basic benefit) is supposed to cover extra costs due to longstanding illness or disability, ranging in 2019 from NOK 8,232 to 41,052 per year based on assessment (1 euro=9.7 NOK). About 50% receive one of the two lowest levels of support. If you are granted a car or a service dog as assistive device, you will be provided the Grunnstønad at level 3 (NOK 16,464 per year) to cover running costs.

Hjelpestønad (supplementary benefit) is intended to cover costs for private help. Many families with disabled children receive this support to compensate for extra care work, but adults may also receive it to compensate for the support family or other caregivers provide, even if they live outside the family home. The amount ranges (in 2019) from NOK 14,748 to 88,488 per year.

Links

Update date: Wed, 2019-05-29

D8. Retirement income

The regulations for retirement income are quite complicated and under restructuring, implying that two systems of calculation will be in operations simultaneously. Calculations are basically based on a number of years one has been in employment, and also the income from work. If one has been on a disability pension, the income for those years is based on an estimate of the income if one had not been disabled (based on income before receiving incapacity benefit). People who have a right to incapacity benefit before the age of 26 (many with no work history) are subject to special regulations that protect them against a too low retirement pension. People with incapacity benefits receive retirement pensions from the age of 67, whereas people in employment can choose different options (mainly from age 62-70), but the choice has consequences for retirement pensions. The later one retires, the more one gets annually. The benefit is not means-tested but is coordinated with benefits of other people in the household (e.g. it can be reduced if two people in the household are eligible) and private/insurance pensions.

Links

Update date: Wed, 2019-05-29

E. Education

E1. Special schools

Children have a right to go to a local school (Law on education article 8-1). School authorities cannot refuse to accept a child. Parents may apply for an alternative school, this being a private school, another regular school, a special school or a regular school with special tasks/qualifications or a better built environment. If disabled children go to special schools, this is with the consent of parents. In reality, many parents claim that they sometimes do not have much choice. If the headmaster meets them with the attitude that ‘yes, you have a right to go here, but we do not have much to offer – you will be better off at a special school’ – the freedom of choice is undermined. A longitudinal study of children with impairment from before the age of four, suggests that most children are in regular pre-schools, but as they grow older more children are segregate at each transition point. In upper secondary school, the majority of pupils is placed in a segregated setting. There was also an increase in the number of children in special schools or (permanent) special classes at regular schools from 2013 to 2018, from 3,913 to 4,138 pupils, the latter amounting to 0.65% of all pupils (Grunnskolens informasjonssystem - GSI).

Links

Update date: Wed, 2019-05-29

E2. Mainstream schools

Mainstream schools are subject to different laws and articles related to disability discrimination and equality:

  • Article 21 in the Equality and Anti-Discrimination Act (2018) states that “Pupils and students with disabilities who attend a school or educational institution have a right to suitable individual accommodation in respect of the place of learning, teaching, teaching aids and examinations, to ensure equal training and education opportunities”;
  • Article 27 in the same Law states that Teaching aids and teaching provided by day care facilities, schools and other educational institutions that provide training authorised by law shall reflect the purpose of this Act;
  • Chapter 9a in the Law on Education has a number of provisions on the pupils’ environment relevant to disabled children, and disabled children are specifically mentioned in Article 9a-2 on the physical environment;
  • Chapter 5 in the Law on Education provides children with special education needs with the right to special education.

In 2017, the requirement for universal design in schools was expanded to also include ICT (to be fulfilled up until 1 January 2021). In general, the municipalities are responsible for education services and funding. The state provides some regulations and supports, but in reality the local authorities (municipalities) are responsible. In some municipalities, the responsibility is delegated to the school.

Links

Update date: Wed, 2019-05-29

E3. Sign language and Braille in school

According to Article 2-6 of the Law on Education, children with Sign Language as their 'first language/mother tongue' have the right to have Sign Language as their compulsory school language. The right also applies to children under school age. Article 2-14 provides the right to necessary education in Braille and use of necessary assistive technology according to assessment. The expansion from 2017 of the requirement for universal design to include all ICT solutions in education is important in this respect. Articles 3-9 and 3-10 cover requirements for secondary education.

Links

Update date: Wed, 2019-05-29

E4. Vocational training

Vocational training is normally a part of the secondary education system, with two years in school and two years as an apprentice with an employer. The regulations for school years follow the same regulations as other primary and secondary education. This is the general anti-discrimination clauses in the Equality and Anti-Discrimination Act (2018). The regulation in the Law on Education is, for instance, the right to special education (para. 4-2) and individual learning plan (para. 4-4). Furthermore, chapter 9a on the physical and psycho-social environment applies, including a paragraph that states that the physical design of the school should be in keeping with the needs of disabled students. In addition, from 2017 the requirement for universal design of ICT is expanded to apply also to all ICT solutions in education. For two years of apprenticeship, the Equality and Anti-Discrimination Act applies (and also the Working Environment Act), which provides regulations on reasonable accommodation, etc.

Links

Update date: Wed, 2019-05-29

E5. Higher education

The Equality and Anti-Discrimination Act (2018) applies to higher education. Equally important is that the Law on Universities and University Colleges has an Article on 'learning environment' (article 4-3) enacting that (para g) 'the physical environment should be designed so that disabled people can study there', and (para i) that 'the learning environment should be in keeping with the principles of universal design'. Accordingly, these regulations apply to more than the physical environment. All higher education institutions also have an obligation to have actions plans for the learning environment of students with disabilities (since 1999), based on Article 4-3 in the Law on Universities and University Colleges. The Ministry of Education has established a unit with a special national task to promote, coordinate and disseminate information on accessibility to higher education for disabled students. This unit (National coordinator of accessibility in higher education – ‘Universell’) is associated with the Norwegian University of Science and Technology. In 2011, the system for students’ loans was amended in order to change loans for delays due to disability into scholarships.

Links

Update date: Wed, 2019-05-29

F. Employment

F1. Non-discrimination in employment

Earlier non-discrimination in employment was enacted in labour legislation and followed the principles of the EU Directive 2000/78/EF. It has now been replaced by a Equality and Anti-Discrimination Act (2018) . This Act provides regulation of discrimination including employment, a duty for public employers and private employers to work actively to promote equality, and requirements on individual accommodation. Furthermore, the Law on Physical Planning and Building Codes (article 29-3) provides the legal basis for the regulation of universal design of workplaces. In 2013, Norway ratified the UN Convention (CRPD), in which State Parties recognise the rights of persons with disabilities to work, on equal basis with others. Furthermore, in December 2018, the government launched a new Strategy for the equality of persons with disability for the period 2020-2030. The strategy points out four priority areas, one of which is work. The Government has promised that the Strategy will be followed up with a National action plan by the end of 2019, which is expected to contain elements of a renewed disability employment policy.

Links

Update date: Wed, 2019-05-29

F2. Public employment services

The Norwegian Labour and Welfare Administration (NAV), with local branches all over the country, is responsible for advice services and support for disabled people seeking employment (in or outside mainstream). For people at risk of staying unemployed, a procedure called Work assessment (arbeidsavklaring) is conducted in collaboration between the person and the NAV officer. The NAV has access to a number of labour market measures intended to facilitate the inclusion in mainstream employment, and also to sheltered employment at special sheltered workplaces or at regular workplaces. The tasks of NAV are not to assist disabled people as such, but to assist people with employment problems, and with special obligations towards people with so-called reduced ability to work, who need what is called 'specially adapted measures'. The NAV web page contains specific information for disabled people. In addition, secondary schools are expected to provide personnel who can generally advise students about future employment. In 2011, the Government (NAV) initiated a programme called 'Job strategy for disabled people' that specially addresses young (under 30 years) disabled people without employment to promote their employment opportunities. A number of measures were strengthened and directed towards this group during the implementation of this Programme (2011-2013). One of the priority areas of the government’s strategy for equality for people with disabilities for the period 2020-2030 is to “facilitate good access to the necessary assistance and assistive aids to enable persons with disabilities to secure participation in employment."

Links

Update date: Wed, 2019-05-29

F3. Workplace adaptations

The Equality and Anti-Discrimination Act (2018) states (in article 22) that “Workers and job seekers with disabilities have a right to suitable individual accommodation in respect of (…) workplaces and work tasks, to ensure that they have the same opportunities as other persons to secure or sustain employment". There are a number of measures for adaptations of workplaces for disabled people, funded and operated by the Norwegian Labour and Welfare Administration (NAV). Among such measures are ‘adaptation contribution’ (tilretteleggingstilskudd), 'adaptation guarantee' (tilretteleggingsgaranti), workplace assessment by a physio-occupational therapist (arbeidsplassvurdering), etc. In addition, there is support for assistive devices/technology for people that need this in order to improve functioning in employment (Law on Social Security, article 10-5). This funding is part of the national Social Security system and is an individual right.

Links

Update date: Wed, 2019-05-29

F4. Financial incentives

There are no quota schemes in Norway, but there are a number of financial incentives and programmes for improving qualifications, workplace adaptations, advice to employers, etc. The financial incentives include wage subsidies (temporary or permanent), combinations of incapacity benefit and wages, transport subsidies, adaptation guarantees, 'resting incapacity benefit' (if you have an incapacity benefit and find a job, the benefit can rest for five years and you do not have to go through the application process again during this period if it turns out that work was not possible), etc. Some of the incentives are primarily directed towards the disabled person, others to the employer (such as wage subsidies, adaptation guarantee, adaptation contribution) and with support services provided by the NAV arbeidslivssenter (Working Life Centres, a public advisory body). The incentives are part of a rather complex web of services, labour market measures and financial incentives. An overview is provided through the web link to a page at the Employment and Welfare Authorities.

Links

Update date: Wed, 2019-05-29

G. Statistics and data collection

G1. Official research

The National Centre for Documentation for People with Disabilities was responsible for putting together data on disability equality between 2006 and 2008. This duty led to Status Reports published in 2007 and 2008. In 2009 this body merged with the Equality and Anti-Discrimination Ombudsman, and the documentation task had less attention. It was therefore decided to transfer this responsibility to the Directorate on Children, Family and Youth (which also deals with equality and discrimination issues). They have established and are working to further develop a system of documentation that is adapted to the reporting on the UN CPRD. Important updated disability statistics are available on their website (see link below). Statistics Norway gathers data on the employment of disabled people, and the Welfare and Employment Authority gathers data on the use of benefits and employment/benefit careers of people with so-called reduced ability to work. The Directorate of Education gathers data on the use of special education and special schools, but does not distinguish whether this is due to disability or other causes. Other research is carried out through projects rather than regular official channels. A number of regular surveys conducted by the Statistics Norway have the possibility to identify disabled people through a set of questions on, for example, activity restrictions. Yet, Statistics Norway states that there is a need for better statistics on disabled people's living conditions. Together with the Norwegian Directorate of Children, Youth and Family Affairs (Bufdir), they have prepared the note «Personer med funksjonsnedsettelse. Utredning av mulighetene for å etablere offisiell levekårsstatistikk basert på opplysninger fra ulike registre» (People with disabilities. Investigation on the possibilities of establishing official living conditions statistics based on information from various registers). The purpose is to supplement the statistics that exist today and are mainly based on self-reported information from interviews and questionnaire surveys.

Links

Update date: Wed, 2019-05-29

G2. Census data

Censuses in Norway are conducted every tenth year. The last real census (national survey) was in 2001. It did not include question(s) that could be used to identify disabled people, but did include a question about whether the house/apartment was accessible for wheelchair users. The census in 2011 was based on putting together information that already was in administrative and statistical registers. Disability issues and statistics appear not to be included in this census.

Links

Update date: Wed, 2019-05-29

G3. Labour Force Survey

Statistics Norway gathers data on disabled peoples’ labour market participation annually as part of the national Labour Force Survey (Arbeiskraftsundersøkelsen). This survey is conducted four times a year by Statistics Norway. Since 2002, a disability supplement has been included once a year. The identification of disabled people is based on one self-assessment question. A definition of disability is read to the respondent, followed by the question 'Do you in your opinion have a disability?'. The definition read is 'By disability we mean physical or mental health problems of a longstanding nature that can lead to limitations in everyday life'. Then a number of examples are given.

Links

Update date: Wed, 2019-05-29

G4. Disability equality indicators

There is no full set of disability equality indicators in existence, but the Directorate of Children, Youth and Family (which also is responsible for equalisation policies) has established a system, which still is under development (see link below). The facts and figures are based on the statistics from a number of sources, such as research reports, data from Statistics Norway, etc. In 2012, Statistics Norway proposed a set of indicators based on a regularly gathered surveys' data (see additional link). The indicators are gathered for all people in surveys where disabled people can be identified mainly through questions on either self-assessments or activity limitations. The initiatives were related to the (then) coming ratification of the UN Convention (ratified in 2013). Consult also G1.

Links

Update date: Wed, 2019-05-29

H. Awareness and external action

H1. Awareness raising programs

The Equality and Anti-Discrimination Ombudsman (Likestillings- og diskrimineringsombodet, in Norwegian) has as a part of its task to promote equality for the groups protected by the equality and anti-discrimination legislation (gender, ethnicity, religion, disability, and also in working life, sexual orientation and age). There are also, on a less regular basis, awareness raising programmes organised by the Directorates or other public bodies, and this is, in particular, a responsibility of the Directorate of Children, Youth and Family. Awareness tends also to be a part of action plans. I am not aware of any current awareness campaign, but in 2010-2013 there was one on the living arrangements for people with intellectual disabilities: 'People with intellectual disabilities should not be discriminated against'.

Links

Update date: Wed, 2019-05-29

H2. Training for teachers

Teacher education, both at the national level and at the university colleges, has no specific module on disability, but they will typically have some courses including such issues as adapted education, special education, inclusive education, diversity etc. Even the Circular on teacher education is somewhat unspecific on this issue. The Teacher Education 2025: National strategy for quality and cooperation in teacher education says virtually nothing about disability. However, special education, adaptive education or the like is offered as optional modules and even as masters programs at some universities and colleges.

Links

Update date: Wed, 2019-05-29

H3. Training for lawyers

Disability equality/ rights/ awareness is not included in the compulsory parts of the study programme for lawyers. Disability is, however, a part of an optional module on Equality and Discrimination law, and also optional modules on Health legislation, Social Security and Social Welfare. This description applies to the Faculty of Law at the University of Oslo. Also, the University of Tromsø offers specialised courses in anti-discrimination law.

Links

Update date: Wed, 2019-05-29

H4. Training for doctors

Few official sources report on the question of training for doctors, but according to informal well-informed sources (e.g. psychiatrist involved in needed qualifications for doctors to work with intellectually disabled people), there is very little on disability awareness or equality issues in the education of the medical profession in Norway. It can vary across universities, and there will be some teaching on the rights according to health related acts, including social security. There was nothing found on disability in a web search of the medicine programmes at the universities of Oslo and Trondheim.

Links

Update date: Wed, 2019-05-29

H5. Training for engineers

There is in general an increasing awareness on universal design and accessible technology observed among the Norwegian engineers and architects. It is, however, difficult to find specific courses in the curriculum but that is probably because it is part of the courses. According to the webpage of the Norwegian University of Science and Technology, there are specific courses on universal design in the construction industry only at two Universities/University colleges. At one university, the technology department had recently advertised a position for an associate professor in universal design. The reason for the increasing awareness of disability and universal design in engineering is probably connected to the articles on universal design in the Equality and Anti-Discrimination Act (Chapter 3, section 17), and also the Article on accessibility to ICT (Chapter 3, section 18).

Links

Update date: Wed, 2019-05-29

H6. International development aid

The Norwegian Agency for Development Cooperation (NORAD) has as its general policy to include disability issues in all parts of Norwegian developmental aid programmes. This was a follow up of the third Norwegian Action Plan on disability (1998-2001). NORAD is also working with the Atlas alliance (Atlasalliansen) on development programmes. Atlasalliansen is a collaboration between disabled people organisations on international development aid. The 2002 plan was evaluated in 2011 and published in March 2012. Some news were encouraging, for instance, regarding a strengthening of disabled people organisations. However, the main result was that the 2002 plan led to a few changes. Officers in the field were not aware of the official instructions, disability was not included in general programmes and only 0.5% of the funding was used for projects concerning disability. The Department of Foreign Affairs responded with a follow up Action Plan in 2013. The impact of this is unknown.

Links

Update date: Wed, 2019-05-29

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