Constitution |
---|
Human rights in Norway protect the fundamental rights of all persons within the Kingdom of Norway. These rights are safeguarded by Chapter E of the Constitution of Norway, or Knogeriket Norges Grunnlov, as well as the ratification of various international treaties facilitated by the United Nations. The country maintains a dedicated commitment to human rights, and were the second country to ratify the European Convention on Human Rights[1].
Although Norway is regarded as relatively proactive in human rights matters, ranking first in the UN Development Program's Human Development Index for 12 of the last 15 years, human rights issues still arise[2]. The most prevalent issue in recent history is the struggle for land rights by the Indigenous Sami people, under the threat of the Norwegian government exploiting the Sápmi region for natural resources[3].
Sources of Human Rights
editThe Constitution of Norway
editSection E. of the Norwegian Constitution pertains specifically to the maintenance of human rights to all peoples within the state of Norway. Individual rights are granted by various articles, most notably:
- Article 92 assures authorities of the State respect and ensure the relevant human rights outlined in the Constitution
- Article 93 guarantees the right to life, and freedom from the death penalty and torture
- Article 95 states the right to a fair trial, and independence of the courts and judges
- Article 98 defines all people as equal
- Article 108 guarantees the preservation of Sami language, culture, and way of life
- Article 109 assures the right to an education
Universal Declaration of Human Rights (1948)
editAfter the barbarities of World War 2, an international declaration was constructed to guarantee rights to all humans on earth. Proclaimed by the newly constructed United Nations, at the General Assembly in Paris on the 10th of December, 1948, the declaration signposted 30 key human rights that should be universally granted to every human [4]. Although the Declaration is not legally binding in itself, subsequent international treaties, amendments to constitutions, and economic agreements attempt to affirm the declaration.
International Treaties
editCivil Liberties
editThese liberties are granted by the Constitution of Norway:
Judicial rights
editA variety of judicial rights are ensured under sections D and E of the Norwegian constitution [5]. The constitution prohibits arbitrary arrest, and supports the detainee should they desire to challenge the lawfulness of an arrest. All persons within the state of Norway are eligible for a fair and public trial, where publicly funded access to a legal counsel of their choice is ensured. An independent and impartial judiciary is also required under Norwegian law.
Capital punishment
editSince 1979, there have been no instances of capital punishment in Norway. Any form of capital punishment was constitutionally abolished in 2014. The death sentence ended during peacetime in 1905, with the last peacetime execution being carried out in 1876. The most recent execution was of a Nazi collaborator in 1948. Not only is the Norway's stance on capital punishment guaranteed by the constitution, but it is also ratified by the International Covenant on Civil and Political Rights (1972) and the Second Optional Protocol (1991)[6].
Prison conditions
editThe Norwegian prison system is praised as an exceptional model with extraordinarily low re-offending rates[7]. The Norwegian model is focused on rehabilitation, rather than retribution, whereby prison officers main role is to mentor, not punish. Inside a Norwegian prison, human rights are guaranteed for the prisoners, with healthy food, exercise, and standard living conditions guaranteed. Guards and prisoners occupy the same spaces, eat the same meals, and participate in activities together, allowing personal bonds to develop to aid rehabilitation of the prisoners, this strategy is known as 'dynamic security'.
Are Hodiel, the Governor of Halden Prison, the second largest prison in Norway, explains that "In Norway, the punishment is to take away someone's liberty. The other rights stay"[7]. A spot at Halden Prison is approximately £98,000 per inmate per year, comparitively large in comparison to the UK, where places can cost between £40,000 and £59,000.
Religious freedoms
editThe Norwegian Constitution states that "Our values will remain our Christian and humanistic heritage", and that "The King shall at all times profess the Evangelical-Lutheran religion". Yet, Norway maintains complete freedom of religion for all inhabitants, this fact is also enshrined within the Norwegian constitution, expressing that "All inhabitants of the realm shall have the right to free exercise of their religion."
The State has, and and continues to, support the Church of Norway, which is an Evangelical-Lutheran church that follows the religion professed by the King of Norway. 70.6% of Norwegians identify as part of the Evangelical-Lutheran faith, followed by 3.2% as Muslim, 3% as Roman Catholic, 3.7% as 'other Christian", 2.5% as "other", and 17% as unspecified[8].
As well as funding the Church of Norway, the Norwegian government provides funding to over 800 religious groups, in an effort to maintain diversity and reduce religious discrimination. Religious persecution is punishable by law, through hefty fines and prison sentences of up to 6-months. Within Norway, complaints of religious discrimination are handled by the Equality and Anti-discrimination Ombudsman (LDO), who is chosen by the government to serve a six-year term. Although the office is funded by the Norwegian government, it maintains its own autonomy and independence.
Protection of refugees
editThe Norwegian Law facilitates permission of asylum and refuge to peoples displaced from their home countries. Whilst their refugee applications status is under review, asylum seekers are allowed to seek and obtain work, should they meet three main criteria. These criteria are that asylum seekers must; have proof of identity, a document demonstrating that they will most likely receive asylum, be part of an "integration" program. Norway has agreed to the Eu's Dublin III regulation, which authorizes the transfer of asylum seekers to other European countries whom are responsible for adjudicating the case.
There has been recent criticism of the Norwegian government's lack of dedication to accepting refugees. In comparison to other Scandinavian countries, Norway's 2017 intake of refugees was, at 30,000, whilst neighboring country Sweden took in 160,000. Sylvi Listhaug, Norway's first immigration minister, cited the low acceptance of refugees as "a big challenge to integrate [...] to make sure they respect Norwegian values"[9].
Economic, Social, and Cultural Rights
editWomen's rights
editChildren's rights
editIndigenous rights
editLGBT+ rights
editDisability rights
editAnti-semitism
editHuman trafficking
editHuman Rights Abuses
editThe Sami People
editResponse of the Norwegian Government
edit- ^ Rosas, Allan (1986). "Nordic Human Rights Policies". Current Research on Peace and Violence. 9 (4): 167–192 – via JSTOR.
- ^ Jones, Ann (2016-01-28). "After I Lived in Norway, America Felt Backward. Here's Why". ISSN 0027-8378. Retrieved 2020-01-30.
- ^ Refugees, United Nations High Commissioner for. "Refworld | Report of the Special Rapporteur on the rights of indigenous peoples on the human rights situation of the Sami people in the Sápmi region of Norway, Sweden and Finland". Refworld. Retrieved 2020-01-30.
- ^ "Universal Declaration of Human Rights". www.un.org. 2015-10-06. Retrieved 2020-02-06.
- ^ "The Constitution of the Kingdom of Norway - - Lovdata". lovdata.no. Retrieved 2020-01-30.
- ^ "Norway and the Death Penalty - Campaign for the Abolition of the Death Penalty (ADP)". www.pgaction.org. Retrieved 2020-02-05.
- ^ a b "How Norway turns criminals into good neighbours". BBC News. 2019-07-07. Retrieved 2020-02-05.
- ^ "Field Listing :: Religions — The World Factbook - Central Intelligence Agency". www.cia.gov. Retrieved 2020-02-05.
- ^ "Norway's tough-love approach to the refugee crisis". The Spectator. 2017-11-25. Retrieved 2020-02-06.