Country report, gender equality : how are EU rules transposed into national law? : Norway 2017

Norway is based on a civil law system, where the Constitution is top of the hierarchy and national laws and regulations define the system in more detail. The interpretation of laws is based on both preparatory works as well as interpretations by the courts. The court system is based on three levels: the municipality courts, the courts of appeal and the Supreme Court. In addition there is the Court of Labour disputes (Labour Court) which interprets collective agreements. Judgments of the Labour Court may be appealed to the Supreme Court. Individual complaints regarding gender equality legislation may be brought to the equality and anti-discrimination Ombud. The Ombud provides a statement as to whether or not the provisions have been breached. Those who want to dispute the Ombud's statement may bring the complaint to the Discrimination Tribunal, which will either provide a statement or a legally binding decision (vedtak). If a party disagrees with the Tribunal's decision, the case may be brought to the Courts for a full trial of the case. The Ombud/Tribunal is a low threshold complaint system where the parties do not need the assistance of lawyers. It is not a precondition for filing a discrimination case with the courts that the issue at stake has already been through the Ombud/Tribunal system. There is a system of free legal aid where persons who are below a certain level of income may be granted free legal aid, but discrimination cases are generally not eligible as such. The Ministry of Children and Equality is responsible for all the equality and non-discrimination laws and has the responsibility to ensure the fulfilment of political objectives in this area. The Ministry has delegated the Norwegian Directorate for Children, Youth and Family Affairs as also being responsible for equality and non-discrimination issues. The Ministry of Children and Equality is in a process of evaluating the possibilities for uniting all the various equality and anti-discrimination acts in one common law as well as considering a reorganization of the Ombud/Tribunal system. Such a reorganization should include delegating some of the tasks from the Ombud to the Directorate. In addition, the possibility to grant the Tribunal a right to award punitive damages for breaching anti-discriminating provisions is being considere.