Distr.

GENERAL

CRC/C/15/Add.126
28 June 2000

Original: ENGLISH

Concluding Observations of the
Committee on the Rights of the Child : Norway.
28/06/2000.

CRC/C/15/Add.126.
(Concluding
Observations/Comments)

Convention Abbreviation: CRC

COMMITTEE ON THE RIGHTS OF THE
CHILD

Twenty-fourth session

CONSIDERATION OF REPORTS SUBMITTED BY STATES
PARTIES
UNDER ARTICLE 44 OF THE
CONVENTION

Concluding observations of the Committee on
the
Rights of the
Child

NORWAY

1. The Committee considered the second periodic
report of Norway (CRC/C/70/Add.2), submitted on 1 July 1998, its 625th and
626th meetings (see CRC/C/SR. 625-626), held on 22 May 2000 and
adopted, at the 641st meeting, held on 2 June
2000, the following concluding observations.

A. Introduction

2. The Committee welcomes the submission of the
State party's second periodic report, the additional information provided and
the written answers submitted by the State party to the list of issues
(CRC/C/Q/NOR/2). The Committee notes with appreciation the useful statistical
information included in the report and the frank and constructive efforts made
by the delegation to provide additional information in the course of the
dialogue.

B. Follow-up
measures undertaken and progress achieved by the State
party

3. The Committee commends the State party for its
overall progress in implementing the Convention on the Rights of the
Child.

4. The Committee, in addition, commends the State
party on the very positive and independent role of the office of the
ombudsperson for children. The Committee also considers as especially
noteworthy the fact that the State party prioritizes the social sector both
within its own international development assistance programmes and through its
participation in relevant international forums. Likewise, the Committee
commends the State party's support for the establishment of the research
organization "Childwatch International" and its development of NORDEM which
aims to facilitate the offering of national expert assistance on,
inter-alia,
human rights matters, in a spirit of dialogue and cooperation.

5. The Committee is encouraged by the constructive
dialogue between Government and NGOs, including in the preparation of the
State party's report, and the support given to NGOs in the preparation of an
alternative report.

6. The Committee welcomes the withdrawal of the
State party's reservation to article 40 (2) (b) (v) of the Convention in 1995,
following amendments to the Criminal Procedure Act. In addition, the Committee
is encouraged by amendments to the Children Act which strengthen the position
of children and the protection of their rights.

7. The Committee also notes with satisfaction that
in spite of the widespread international trend of economic recession (during
part of the reporting period) and the progression towards a decentralization
of social services, the budgetary resources for child welfare programmes have
been increasing in the State party. The Committee notes, further, that a
system of monitoring the policies and measures taken by municipalities with
regard to their implementation of children's welfare programmes has been set
up through the County Governor reporting procedure.

8. The Committee takes note of the considerable
efforts being made by the State party to combat trends towards intolerance of
foreigners and to address the issues of racism and xenophobia, including
through the involvement and participation of youth. The Committee also
welcomes the active role being taken by the State party within regional forums
in encouraging similar approaches to such problems.

9. The Committee notes with satisfaction amendments
to the Citizen Act made since publication of the State party's report and
their positive impact on the situation of foreign children who are adopted by
Norwegian citizens and other persons residing in Norway. The Committee notes,
further, the adoption of the 1995 Act prohibiting the circumcision of women
and amendments to the 1994 Marriage Act allowing a party to a marriage to
initiate proceedings to declare the marriage null and void if he or she was
forced into the marriage. In addition, the Committee welcomes the extensive
support and intervention programmes available to parents.

10. The Committee would like to commend the State
party on its generous contribution to supporting children's rights in
developing countries through international cooperation and other
assistance.

11. The Committee welcomes the numerous references
in the State party's report to its concluding observations on the State
party's initial report, and the efforts to respond to some of the
recommendations made.

C. Principal subjects of concern

1. General measures of implementation

Legislation

12. The Committee remains concerned that the general
principles and provisions of the Convention have not yet been fully
incorporated into domestic legislation as recommended.

13. The Committee encourages the State party in its
ongoing discussions on this issue and recommends that consideration be given
to incorporating the Convention into domestic legislation, in a manner
comparable to the incorporation of other regional and international human
rights instruments by the 21 May 1999 Human Rights Act.

Implementation at a local level

14. Recognizing the extensive decentralization of
decision-making, administration and the delivery of services in the State
party, the Committee notes that the significant delegation of powers from the
national level to municipalities appears to reflect a weak point in the State
party's implementation of the Convention, in that not all municipalities take
the Convention fully into consideration.

15. The Committee recommends that the State party
undertake an evaluation of the implementation of all aspects of the Convention
by municipal authorities and that every effort be made to ensure the effective
implementation of the Convention at the municipal level.

Budgetary allocations

16. The Committee is concerned that the breadth and
standard of welfare services provided by local authorities to children from
low-income families, and consequently the standard of living of some children,
are unequal in different municipalities across the country partly as a result
of significant differences in the financial resources available to different
municipal authorities, differences in the priorities set by those authorities
and differences in systems of assessing needs and granting assistance. These
disparities have the effect of providing either unequal access, or different
levels of welfare assistance to children, particularly those with
disabilities, according to the area of the country in which they reside.

17. The Committee urges the State party to consider
ways in which all children can be guaranteed equal access to the same standard
of services, irrespective of where they live, such as, for example, by
establishing nationwide standards for and allocation of resources to the
implementation of the Convention's provisions, in the context of the provision
of welfare services.

Training on the Convention

18. The Committee notes that the training of
professionals whose work may involve children is not systematic and that many
professionals do not receive such training.

19. The Committee recommends that the State party
develop guidelines for child rights training with regard to the appropriate
roles of different professional groups, including teachers, lawyers and police
officers, and placing emphasis, where relevant, on the concerns raised by the
Committee. The Committee recommends, in particular, that attention be given to
providing municipal board members and authorities with training in
implementation of the Convention on the Rights of the Child as a whole.

2. General principles

Non-discrimination

20. The Committee expresses appreciation of the
State party's efforts to ensure that, in practice, children within Norwegian
jurisdiction, including those whose presence is not in line with legal
requirements, benefit from the rights defined in the Convention. The Committee
expresses its concern, nevertheless, that this principle is not established in
all relevant domestic legislation, that the absence of a legal guarantee may
deprive some children without Norwegian nationality of their rights, and that
some limitations are placed on these children's access to health and education
services.

21. The Committee recommends that the State party
consider the full, including long-term impact of this situation on the rights
of children without Norwegian nationality and without legal status living
within Norwegian jurisdiction. The Committee further encourages the State
party to consider amendments to national legislation which would ensure the
full applicability of article 2 of the Convention.

Best interests

22. The Committee acknowledges the State party's
significant efforts to respect the best interests principle but notes that
improvements can be made. In particular, the Committee is concerned that in
the context of the role of municipal authorities the best interests of the
child are not always taken into full consideration and, further, that the best
interests of children with an imprisoned parent, unaccompanied child
asylum-seekers or refugees are not always a primary consideration.

23. The Committee recommends that the State party,
in consultation with the office of the ombudsperson and with civil society,
consider the implications of the best interests principle in the context of
the above situations and that further efforts be made to ensure that the
principle is a primary consideration in decisions which affect
children.

The right of the child to express his/her views
freely

24. The Committee commends the State party for its
efforts to respect the rights of children to have their views heard including,
notably, through the appointment of child representatives at a municipal
level. The Committee joins the State party in expressing concern, however,
that in practice children's views are insufficiently heard and taken into
consideration. The Committee is concerned that many children are not aware of
their rights in this domain under the Convention and national laws, or of the
opportunities which have been created for their views to be expressed.

25. Taking note of the State party's recent
commitments, the Committee recommends that the State party continue its
efforts to inform children and others, including parents and legal
professionals, of children's right to express their views and of the
mechanisms and other opportunities which exist for this purpose. The Committee
recommends, further, that the State party undertake a regular review of the
extent to which children's views are taken into consideration and of the
impact this has on policy, programme implementation and on children
themselves.

3. Civil rights and freedoms

Freedom of thought, conscience and
religion

26. The Committee is concerned that the approach
taken by the State party's Act No. 61 of 17 July 1998 relating to primary,
lower secondary and upper secondary education, which introduces a new common
curriculum on "Religions, Knowledge and Ethical Education", may be
discriminatory. The Committee is concerned notably by the process of providing
for exemptions to those children and parents who do not wish to participate in
parts of the teaching.

27. The Committee recommends that the State party
review the implementation of the new curriculum and consider an alternative
exemption process.

Violence and harmful information

28. The Committee acknowledges the State party's
recognition of a rise in acts of violence in society and particularly among
young people, including older children.

29. The Committee recommends that the State party
pursue its efforts to address the causes of such violence and to reduce its
incidence.

4. Family environment and alternative care

Separation from parents

30. The Committee is concerned that the best
interests of the child and, in particular, child rights with regard to
separation from parents are not fully respected in the context of maintaining
contact with parents serving prison sentences. The Committee is further
concerned that despite the State party's positive efforts, when decisions to
deport foreigners convicted of a criminal offence are taken, professional
opinions on the impact of such decisions upon the children of the deported
persons are not systematically referred to and taken into
consideration.

31. The Committee recommends that the State party be
more flexible in its application of family contact rules for imprisoned
persons so as to ensure that a child maintains personal relations and direct
contact with an imprisoned parent, where this is in the best interests of the
child. The Committee also recommends that the State party review the process
through which deportation decisions are made to ensure that where deportation
will mean the separation of a child from his or her parent, the best interests
of the child are taken into consideration.

Family reunification

32. While supporting the State party's very positive
approach to family reunification of non-Norwegian children, the Committee is
concerned that the significant domestic measures providing for family
reunification are not applied to their full extent. In particular, the
Committee is concerned that children are not always able to take advantage of
these provisions either because they have not been informed of the
possibilities for family reunification because of procedural delays, or
because procedures are not systematic.

33. The Committee urges the State party to establish
a standard procedure through which children and other concerned persons such
as their parents or legal guardians, are informed of the possibilities and
procedures for family reunification and for these procedures to be implemented
systematically in accordance with set guidelines.

Protection of the child deprived of a family
environment

34. The Committee is concerned by the increase in
the numbers of children being placed outside their parental home, in
particular through the informal voluntary placement procedure which might not
always guarantee that the best interests of the child are observed.

35. The Committee recommends that the State party
carefully analyse both the factors which lead to the need to place children
outside their parental homes and the practice of informal placement itself,
and take effective measures to guarantee that the rights of children to family
life and the best interests of the child are respected.

5. Basic health and welfare

36. The Committee is concerned at the high incidence
of anorexia nervosa and bulimia and by the prevalence of alcohol consumption
among adolescents. The Committee also expresses its concern at the continuing
incidence of suicide by children, especially boys.

37. The Committee encourages the State party to
continue its efforts to address cases of anorexia nervosa and bulimia which
are both medical and psychological problems. In addition, the Committee notes
the efforts made by the State party to reduce the level of alcohol consumption
among adolescents and recommends that the State party continue to promote a
healthy lifestyle among adolescents. Further, recognizing that it can be
difficult to identify all cases of suicide by children and in accordance with
its recommendation in paragraph 17 of its 1994 concluding observations
(CRC/C/15/Add.23), the Committee recommends that the State party continue its
research into the incidence and causes of child suicide, including by children
under the age of 10, and to use the results of this research to inform and
further develop the State party's 1994 suicide prevention programme.

Children with disabilities

38. The Committee is concerned that children with
disabilities do not have the best possible social integration with their
peers.

39. Recognizing the State party's efforts to ensure
that the rights of children with disabilities are fully realized and in light
of the Standard Rules on the Equalization of Opportunities for Persons with
Disabilities (General Assembly resolution 48/96) and the Committee's
recommendations adopted at its day of general discussion on the rights of
children with disabilities (CRC/C/69), the Committee recommends that the State
party continue its efforts to ensure that children with disabilities are able
to share their time with other children, as emphasized in the State party's
second plan of action.

Mental health services

40. The Committee joins the State party in
expressing concern at the long waiting list and delayed access to mental
health services and professionals for children which are due to an
insufficient number of psychologists and psychiatrists.

41. The Committee encourages the State party to
explore ways of providing children with more timely access to mental health
services, and to address in particular the shortage of psychiatrists and
psychologists.

Childcare services

42. The Committee joins the State party in
expressing concern at the continuing need for additional day care places and
that the available cash benefit scheme does not compensate for this
need.

43. The Committee joins the State party in
recommending an evaluation of the cash benefit scheme and recommends further
that the State party pursue its original aim of ensuring that day care places
are available for all children.

6. Education, leisure and cultural
activities

Right to education

44. The Committee joins the State party in
expressing concern at limitations, and the lack of specialization, in the
educational background of some teachers and notes that such limitations have a
negative impact on education and pupils and are a consequence of numerous
factors, including teachers' low salaries.

45. The Committee recommends that the State party
study the impact of low teachers' salaries and other factors on education in
the State party and that efforts be made to address the problems
identified.

Access to education

46. The Committee is concerned that many Roma
children, and the children of other itinerant groups, in the State party do
not complete the required years of obligatory education.

47. The Committee recommends that the State party
explore means of making formal education more accessible to children who
travel for a part of the year, such as through the use of mobile
communications facilities and distance learning programmes.

7. Special protection measures

Unaccompanied, asylum-seeking and refugee
children

48. The Committee is concerned that the provisions
and principles of the Convention are not entirely respected with regard to
asylum-seeking children. Specifically, the Committee is concerned that child
applicants for asylum are provided with insufficient opportunities to
participate in their application process and that their views are
insufficiently taken into consideration. The Committee considers that positive
mechanisms, such as the appointment of individual guardians for each
unaccompanied asylum-seeking child, are not implemented to their full extent.
Further, the Committee is concerned by delays in the processing of asylum
applications and the fact that some child applicants are not integrated into
local education systems.

49. Recognizing the State party's ongoing plans to
improve child participation in these procedures, the Committee encourages the
State party to pursue these efforts and recommends that the State party review
its procedures for considering applications for asylum from children, whether
accompanied or unaccompanied, to ensure that children are provided with
sufficient opportunities to participate in the proceedings and to express
their concerns. Recognizing further the valuable contribution that can be made
by the guardian mechanism developed by the State party, the Committee
recommends that additional efforts be made to implement the mechanism and to
ensure that it functions as intended, including through the provision of
appropriate training to guardians.

50. The Committee recommends that the State party
examine the reasons for delays in the procedures for processing applications
and for the settlement of children, with a view to shortening them. The
Committee also recommends that the State party make further efforts to ensure
the rapid integration of children into the normal school system. The Committee
recommends, in addition, that the State party consider the provisions and
principles of the Convention in the review of procedures.

51. Noting the additional efforts of the State party
to provide psycho-social assistance to refugee and asylum-seeking children,
the Committee joins the State party in expressing concern that not all
children in need of such help are given the opportunity to receive it. The
Committee is also concerned at cases of malnutrition among refugee and asylum
seeking children upon their arrival in the State party.

52. The Committee recommends that the State party
pursue its plans to extend the current available psychological assistance to a
wider number of children and their parents, and to ensure that every effort is
made to identify children who require such help, upon their arrival in the
State party. The Committee encourages the State party to continue its efforts
to address malnutrition concerns.

Juvenile justice

53. The Committee is concerned that current
responses by the State party to children who commit crimes often focus either
uniquely on child welfare action or, for children over 15, on responses
appropriate for adult offenders, with insufficient emphasis being placed on
the preventive and rehabilitative aspects of juvenile justice.

54. The Committee recommends that the State party
pursue its efforts to ensure that the best interests of the child are a
primary consideration in the context of juvenile justice proceedings, giving
greater consideration to the need for prevention and rehabilitation of child
offenders.

Sexual exploitation and abuse

55. The Committee is concerned at incidents of
sexual abuse in the State party and that existing State party resources for
addressing such concerns are not used to their most effective
potential.

56. The Committee urges the State party to continue
its efforts to prevent and address cases of sexual abuse by increasing the
resources available, including for an appropriate review of the employment of
adult staff working with children, by monitoring, through the legal processes
of responding to accusations of child abuse, by training of legal and other
relevant professionals, and by the timely provision of care to the victims of
such acts.

7. Dissemination of the reports

57. The Committee commends the State party for its
wide and early dissemination of its 1993 initial report. The Committee is
concerned, however, that the 1998 report did not receive the same wide
distribution and, in particular, that it was not printed in Norwegian early
enough to facilitate comments by Norwegian NGOs.

58. In light of article 44, paragraph 6, of the
Convention, the Committee recommends that the second periodic report, the list
of issues raised by the Committee and the written replies submitted by the
State party be made widely available to the public at large and that the
publication of the report be considered, along with the relevant summary
records and concluding observations adopted thereon by the Committee. Such a
document should be widely distributed in order to generate debate and
awareness of the Convention, its implementation and monitoring within the
Government, the Parliament and the general public, including concerned
NGOs.

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Nations High Commissioner for Human Rights
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