Law On Equality And Discrimination Ombudsman And The Equality Tribunal (The Anti-Discrimination Act)

Original Language Title: Lov om Likestillings- og diskrimineringsombudet og Likestillings- og diskrimineringsnemnda (diskrimineringsombudsloven)

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Read the untranslated law here: https://lovdata.no/dokument/NL/lov/2005-06-10-40

Law on Equality and Discrimination Ombudsman and the Equality Tribunal (the Anti-Discrimination Act).


Date LOV-2005-06-10-40


Ministry of Children and Equality

Edited

LOV-2015-06-19-65 from 10/01/2015


Published in 2005 Booklet 7


Commencement 01.01.2006

Changes


Promulgated
10.06.2005

Short Title
Discrimination Act

§ 1. Purpose and Scope This Act provides rules concerning the organization and activities of the Equality and Anti (Ombudsman) and the Equality and Anti-Discrimination Tribunal (Tribunal).
Ombudsman and the Committee shall supervise and assist in the implementation of the following laws:

1.
Equality Act, unless otherwise provided by this Act.

2.
Discrimination Act on ethnicity, unless otherwise provided by this Act.

3.
Discrimination and Accessibility Act, unless otherwise provided by this Act.

4.
Discrimination Act on sexual orientation, unless otherwise provided by this Act.

5.
Work Act Chapter 13, with the exception of § 13-1 third paragraph, and § 13-9.

6.
Eierseksjonsloven1 § 3 second paragraph.

7.
Husleieloven2 § 1-8 second paragraph.

8.
Budstadbyggjelagslova3 § 1-4 second paragraph.

9.
Burettslagslova4 § 1-5 second paragraph.

10.
Ship Work Act, Chapter 10, with the exception of §§ 10-1 third paragraph and 10-9.

Ombudsman shall supervise that Norwegian law and administrative practice correspond with Norway's obligations following conventions:

1.
United Nations International Covenant of 18 December 1979 on the Elimination of All Forms of Discrimination against Women.

2.
United Nations International Covenant of 21 December 1965 on the Elimination of all Forms of Racial Discrimination.

3.
United Nations International Covenant of 13 December 2006 on the rights of people with disabilities.

§ 2. Ombudsman organization Equality Ombudsman shall be appointed by the King for a period of six years without the possibility of reappointment.
Ombudsman is an independent administrative body subordinate to the King and ministry. King nor the Ministry may instruct the Ombudsman about the treatment of individual cases or delegate professional activities. King or the Ministry can not reverse delegate decisions under § 4.

§ 3. Ombudsman's duties Ombudsman will work to promote genuine equality regardless of gender, disability, ethnicity, religion, belief, sexual orientation, gender identity and gender expression in all areas of society. In the social area the Ombudsman shall also strive to promote equality regardless of political views, membership of a trade union and age.
Ombudsman shall supervise and help implement the provisions referred to in § 1 subsection observed.
Ombudsman may give its opinion on whether a relationship is contrary to the provisions mentioned in § 1, second paragraph. Ombudsman shall seek to achieve the parties' voluntary compliance with this opinion. If a voluntary arrangement is not reached, the Ombud may bring the matter before the Tribunal in proceedings under § 6
Ombudsman takes up cases on its own initiative or at the request of others. Anyone can bring a case before the Ombudsman. Cases brought before the Ombudsman one who is not a party to the case shall be processed by the Ombudsman if the offended party whose consent. If special considerations so warrant, the ombudsman still handle such a case, even if there is no consent.
Ombudsman shall dismiss a case if the case is settled by a court or brought before a court for decision. The Ombudsman will also refuse a case if the conditions for admissibility are not met. Ombudsman may in special cases drop a case if the Ombudsman finds no grounds for further processing. Ombudsman rejection or dismissal may be appealed to the Tribunal.
Ombudsman shall advise the person who brings a case before the Ombudsman. Guidance obligation covers all relevant aspects of the case and applies regardless of whether the Ombudsman has the authority to make a statement under this Act. Ombudsman shall not represent the party externally.

§ 4. Ombudsman's decision If the parties do not voluntarily comply with the Ombudsman's statement, cf. § 3, third paragraph, and it is believed to cause inconvenience or harm to await the Board's decision, the Ombud may make decisions as mentioned in § 7 || | Ombudsman shall state the reasons for the decision while the decision is made. The Tribunal shall be notified of the decision.
Ombudsman's decision can be appealed to the Tribunal.

§ 5. Appeals organization Equality Tribunal shall consist of a chairperson, a deputy chairperson and eight other members. It shall also be six deputies. Tribunal shall be divided into two divisions. The manager and vice president participate in each department.

Members and deputies appointed by the King for four years. There is possibility of one-time reappointment. Chairman and vice chairman shall meet the requirements prescribed for judges. On initial appointment appointed half the members and alternate members for two years.
Board is an independent administrative body subordinate to the King and ministry. King or the Ministry may give instructions regarding or reverse the Tribunal's exercise of authority in individual cases.
Preparation of the case by a dedicated secretariat.

§ 6. The Tribunal's tasks Tribunal shall deal with matters referred to it pursuant to §§ 3 and 4. Ombud decides not bring a case before the Tribunal pursuant to § 3 subsection matter may be referred by a party to the case or one that has brought the matter before the Ombudsman without being a party. Cases brought before the Tribunal pursuant to the second sentence should only be dealt with by the Tribunal if the offended party whose consent.
Tribunal may require the Ombud to bring specific matters dealt with by the Ombudsman before the Tribunal.
Tribunal shall dismiss a case if the case is settled by a court or brought before a court for decision. The Tribunal shall also dismiss a case if the conditions for admissibility are not met. The Tribunal may, in special cases drop a case if it finds no grounds for further consideration.

§ 7. The Tribunal's power of decision. Orders to stop, remedy, etc.. The Tribunal may decide that a breach of the provisions mentioned in § 1, second paragraph, unless otherwise provided. If the board can not make decisions in accordance with § 9, shall give an opinion on whether the matter brought before the Tribunal is contrary to the provisions mentioned in § 1, second paragraph.
Tribunal may Except as provided in §§ 9 and 10 impose stopped or remedied and other measures necessary to ensure that discrimination, harassment, instructions or reprisal ceases and to prevent recurrence. The Tribunal may set a deadline for compliance with the order.
Tribunal's decision shall be given at the same time it is made.

§ 8. A coercive Tribunal may impose coercive fines to ensure compliance in accordance with § 7, if the deadline for complying with the order is exceeded. Levying of the fine if the new deadline for complying with the order, and would normally run until the order is fulfilled. Tribunal may reduce or waive an imposed fine when special reasons for doing so.
The fine goes to the state. Coercive fines are enforceable by execution.
Tribunal coercive fines shall be given at the same time it is made.
The King may issue regulations concerning coercive size, duration and other provisions relating to the definition and implementation.

§ 9. The Tribunal's competence in relation to other administrative authorities Tribunal may not annul or modify decisions made by other administrative bodies. The Tribunal can not issue orders on how the authority to make decisions must be exercised not to conflict with the provisions mentioned in § 1, second paragraph.
The Committee's decisions are not binding on the King or ministries.

§ 10. The Tribunal's relationship with the Labour Court If a case under the provisions mentioned in § 1, second paragraph, which indirectly raises questions about a collective agreement existence, validity or interpretation is brought before the Tribunal, each party to the agreement have this question decided by Labour court.
Tribunal may issue a reasoned opinion on whether an agreement or a provision in the agreement that is brought before the Tribunal, is contrary to the provisions mentioned in § 1, second paragraph. The parties to the agreement may in such cases bring the issue of the agreement compared to a provision mentioned in § 1, second paragraph, the Labour Court.
Cases before the Tribunal brought before the Labour Court under the first paragraph or the second paragraph, second sentence be suspended until the issue is fully processed by the Labour Court.
Tribunal may in no case take decisions which by law on 5 May 1927 no. 1 on labor disputes and Act 18 June 1958 No.. 2 on Public Service Disputes Labour Court.

§ 11. Duty of disclosure Governments duties notwithstanding the confidentiality giving Ombud and the Tribunal with the information necessary for the implementation of the provisions referred to in § 1, second paragraph. Such information may also be required of others who have a duty to testify for Dispute Act. Disputes Act § 24-8 third paragraph applies correspondingly. Decision under Disputes Act § 22-6 first paragraph, second sentence, § 22.7, § 22.8, second paragraph, § 22-9 second to fourth paragraphs, § 22-10, second sentence and § 22.11 second paragraph shall be made by district court.
Ombudsman and the Tribunal may make such investigations as they are required to perform their duties under this Act. If necessary, the required police assistance.

Ombudsman and the Tribunal may require that information be provided to, or that investigation should be carried out by other public bodies in charge of facilitating the implementation of the provisions referred to in § 1, second paragraph.
Ombudsman and the Tribunal may require the taking of evidence by courts, see. Justice Act § 43, second paragraph.

§ 12. Judicial review of Tribunal decisions Decisions of the Tribunal can be brought before the courts for a full examination of the case. Decisions of the Ombudsman in accordance with § 4, first paragraph can not be brought before the courts unless the appeal has been exercised, and the appeal is decided by the Tribunal. Administration Act § 27 b, second sentence shall apply accordingly.
Proceedings for the review of the Tribunal's decision must be brought within three months of notification of the decision.
Proceedings regarding the validity of the Board's decision brought against the State represented by the Tribunal.

§ 13. Penalties for violation of an order and breach of the duty person who willfully or negligently fails to comply with orders issued pursuant to §§ 4 or 7, punishable by fines. The same applies to willful or negligent failure to meet disclosure pursuant to § 11
Contravention by a person in a subordinate position shall not be punishable if the contravention is essentially due subordinate relationship.

§ 14. Prosecution Violation of § 13 shall only be prosecuted at the request of the Tribunal, unless public prosecution is required in the public interest.
Prosecutors may in connection with criminal proceedings require a court order to ensure that the unlawful act, omission or reprisal ceases and to prevent its repetition.

§ 15. Relationship to the Public Unless otherwise specified, the Administration of the Ombud and the Tribunal.

§ 16. Regulations The King may issue regulations with further provisions concerning the representatives and the Tribunal, including the Secretariat, organization, functions and procedures.

§ 17. Commencement This Act comes into force when the King bestemmer.1

§ 18. Transitional provisions Cases concerning violations of likestillingsloven1 that are brought before the Gender Equality Ombud or Board of Appeal for equality before the entry into force of this Act shall be transferred to respectively Discrimination Ombud or Equality Tribunal for further processing. Discrimination Ombud and Equality Tribunal shall also consider new cases relating to matters before the Act if the matter was contrary to the provisions mentioned in § 1, second paragraph, or similar provisions as they sounded prior to that date.
Issues mentioned in the first paragraph shall be governed by the provisions of this Act. It can only decisions mentioned in §§ 4, 7 and 8 to the extent there was also access to it before the entry into force of this Act.

§ 19. Amendments to other legislation From the King decides, following amendments to other legislation: - - -