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22 May 2000
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CRC
24th Session
22 May 2000
Morning
Government Delegation Queried on Incorporation of Convention into
Domestic Law, Financing of Local Children's Programmes
The Committee on the Rights of the Child began review this morning of a second periodic report of Norway, questioning a five-member Government delegation, among other things, on the lack of direct incorporation of the Convention on the Rights of the Child into domestic law and on reported cuts in municipal budgets which it worried could negatively affect children's programmes.
In a brief opening statement, Peter Wille, Deputy Director General of the Norwegian Ministry of Foreign Affairs, said the Government recently had presented a national plan of action for human rights in which the rights of the child were a priority area. He added that the country had hosted an international workshop on the influence of the media on children and young people.
The Government had not reduced its financing of municipalities, Mr. Wille said; in fact, funding had been increased. Still, there was always a debate that the municipalities had too little money, and some were spending more than they had received, and so were in debt.
The Norwegian 'dualist' system did not incorporate international treaties such as the Convention directly into domestic law, Mr. Wille said, but the country was tending towards direct implementation. The Convention on the Rights of Child was now the subject of a study under which Norwegian legislation was reviewed to assess compliance with the provisions of the Convention.
In addition to Mr. Wille, the Norwegian delegation consisted of Haktor Helland, Director General of the Norwegian Ministry of Family and Child Affairs; Wench Hellerud and Birgit Vinnes, Advisors for the Ministry; and Roald Naess, Minister-Counsellor of the Permanent Mission of Norway to the United Nations Office at Geneva.
As one of the 191 States parties to the Convention on the Rights of the Child, Norway is obligated to provide the Committee with periodic accountings of Government efforts to implement the treaty and on steps taken to improve the situation of children.
The Committee will reconvene at 3 p.m. to continue its review of the report of Norway.
Second periodic report of Norway
The report (CRC/C/70/Add.2) reviews efforts to implement the Convention on an article-by-article basis. It also includes an introductory chapter entitled 'Children and Young People in a Changing Society' which states, among other things, that 'in Norway, as in many other countries around the world, society changes so rapidly that a gap might arise between existing policies and the ability to cope with new challenges'. It contends that 'a significant amount of socialization and cultural transfers take place in the form of a horizontal process between children and young people, within their own country as well as between countries'; that the local community in Norway 'no longer plays the role as a secure base in the lives of children and young people that it used to'; that the Government 'must keep striving for an educational system which aims at ensuring that as many as possible find work', including young people who drop out of school and 'do not manage to live up to the expectations of the modern education society'; that Norway has many second-generation immigrants from Pakistan, Viet Nam, Iran and other countries, and that children who cope best and get the best results at school are those who do not break their ties with their parents' culture and who at the same time are able to function on the new society's terms; and that the Government is concerned, among other things, about narcotics use among young people, about rising levels of violence in the country, and about 'extremist nationalistic movements'.
Introduction of report
PETER WILLE, Deputy Director General of the Ministry of Foreign Affairs of Norway, said in a brief opening statement that the Government recently had presented a national plan of action for human rights in which the rights of the child were a priority area. Half the measures in the plan dealt with domestic human-rights issues -- Norway intended to start at home, looking closely at its own human-rights performance.
One concern was the influence of the media on children and young people, Mr. Wille said, and the topic had been the subject of an international workshop held in Oslo on 19 and 20 November 1999; the outcome would include production of a resource package containing awareness-raising, training and other materials; and documentation for the Committee on the Rights of the Child to develop further understanding of reporting responsibilities of States partes under article 17 of the Convention. Norway was also carrying on discussions with UNICEF on follow-up to the workshop.
Norway emphasized in its report that it welcomed trends towards enhanced international cooperation on children's issues, Mr. Wille said.
Discussion
Committee members raised a number of questions. Reference was also made on occasion to written replies supplied by Norway to questions put by the Committee in advance.
Responding to queries, the Norwegian delegation said, among other things, that Norway did indeed consider children as major resources for enhancing their own rights; that Norway would never consider its immigration practices to be perfect, but strove continuously to improve them and kept the well-being of children, including unaccompanied minors, in mind; that certain communities, called 'basis municipalities', specialized in receiving and caring for unaccompanied minors among the nation's immigrants, and the Government had increased subsidies for such children; and that a research project was studying best practices in the field.
Laws in the country were tending towards the direct implementation of international human-rights conventions, but still overall Norway had a 'dualist' approach, the delegation said; the Convention on the Rights of Child was now the subject of a study under which Norwegian legislation was reviewed to assess compliance. Although many thought that lack of incorporation into domestic legislation was a weakness, in fact that was not really the case; international treaties that were ratified by the country were important whether or not they were incorporated, in keeping with the spirit of the 'dualist system'.
The minimum age of marriage was 18, the delegation said, but there were possibilities for exceptions. Single, teenage mothers had the same rights as other mothers, including to social services.
An office of an Ombudsman for children had been in existence for some years, the delegation said; it had been the first such post among countries; there had been three Ombudsmen to date; at this point the office was well-known throughout the country, especially to children. The Ombudsman could form his role as he wished and the three who had held the post had taken different approaches, but the institution had proved to be a useful one for promoting the interests of Norwegian children. The Ministry of Family and Child Affairs was pushing for an increase in the Ombudsman's budget.
The Ministry of Family and Child Affairs served as the coordinating agency for child affairs, the delegation said; it worked extensively with other ministries and had established a committee with representatives of other ministries that worked extensively with children's issues.
The Government had not reduced its financing of municipalities, the delegation said; in fact, the funding had been increased. Still, there was always a debate that the municipalities had too little money, and some were spending more than they had received, and so were in debt; in the revised national budget presented some weeks ago, municipalities had received an extra 2 billion Norwegian Kroner. Because local democracy was what it was, there were differences in behaviour and funding between municipalities, but the national Government had fairly precise standards on matters of child rights and child welfare. There did not appear to be very great differences between municipalities where children were concerned. Local authorities set priorities for children's programmes and rights, but in keeping with national standards; local governments could never do such a thing as drastically cut budgets related to children without reaction from county and other authorities. 'Block grants' given to municipalities were not earmarked for any one purpose, and so it was not possible to say how much of these grants went to children's programmes. Nor was spending on behalf of children in municipalities closely monitored, although it was hoped to have more precise information in the future.
Nine children between the ages of 7 and 14 had committed suicide in 1995 in the country, the delegation said. There had been no analysis of these suicides.
A 'relatively high number' of children in Norway had been taken from their parents based on concern over the children's welfare, the delegation said, and the matter had been discussed in various European fora, including at the Council of Europe; it was difficult sometimes to find a balance between children's rights and 'parents' rights'.
Civil servants in Norway were very concerned about the best interests of children, the delegation said, and the number of those working on matters of child welfare had been doubled in recent years; the main focus was on prevention of various problems.
There was no 'right' to day-care in Norway, but such a concept was being developed. A Democratic Youth Forum had been functioning for two years, the delegation said; it appeared to be functioning very well but the Government considered it too soon to carry out a formal assessment on the Forum.
A project called 'focusing children's rights' had been started last year in connection with the 10th anniversary of the Convention; it was intended to enhance children's awareness of their rights and to involve schools and municipalities and youth organizations in enhancing child rights, the delegation said. In addition, the national plan of action for human rights gave human-rights education a central place. The plan also anticipated that the Government's current agency for human rights could, by the end of the year, be designated a national institution for human rights according to international standards.
The age of criminal responsibility was 15, the delegation said; the Criminal Procedure Act nonetheless had many provisions under which persons under age 18 were treated differently than those over 18 -- sentences were shorter, among other things.
Children who stayed in Norway under three months normally were not required to attend school, although those who wished to could do so, the delegation said; as for health care, that was always given; the definition of 'necessary' health care was up to local authorities, but clearly any child requiring treatment would receive it.
The Nordic Council of Ministers was working on standards on how to decide what was 'in the best interest of the child', and these guidelines would then be passed on to ministries and agencies and schools, the delegation said.
* *** *
24th Session
22 May 2000
Morning
Government Delegation Queried on Incorporation of Convention into
Domestic Law, Financing of Local Children's Programmes
The Committee on the Rights of the Child began review this morning of a second periodic report of Norway, questioning a five-member Government delegation, among other things, on the lack of direct incorporation of the Convention on the Rights of the Child into domestic law and on reported cuts in municipal budgets which it worried could negatively affect children's programmes.
In a brief opening statement, Peter Wille, Deputy Director General of the Norwegian Ministry of Foreign Affairs, said the Government recently had presented a national plan of action for human rights in which the rights of the child were a priority area. He added that the country had hosted an international workshop on the influence of the media on children and young people.
The Government had not reduced its financing of municipalities, Mr. Wille said; in fact, funding had been increased. Still, there was always a debate that the municipalities had too little money, and some were spending more than they had received, and so were in debt.
The Norwegian 'dualist' system did not incorporate international treaties such as the Convention directly into domestic law, Mr. Wille said, but the country was tending towards direct implementation. The Convention on the Rights of Child was now the subject of a study under which Norwegian legislation was reviewed to assess compliance with the provisions of the Convention.
In addition to Mr. Wille, the Norwegian delegation consisted of Haktor Helland, Director General of the Norwegian Ministry of Family and Child Affairs; Wench Hellerud and Birgit Vinnes, Advisors for the Ministry; and Roald Naess, Minister-Counsellor of the Permanent Mission of Norway to the United Nations Office at Geneva.
As one of the 191 States parties to the Convention on the Rights of the Child, Norway is obligated to provide the Committee with periodic accountings of Government efforts to implement the treaty and on steps taken to improve the situation of children.
The Committee will reconvene at 3 p.m. to continue its review of the report of Norway.
Second periodic report of Norway
The report (CRC/C/70/Add.2) reviews efforts to implement the Convention on an article-by-article basis. It also includes an introductory chapter entitled 'Children and Young People in a Changing Society' which states, among other things, that 'in Norway, as in many other countries around the world, society changes so rapidly that a gap might arise between existing policies and the ability to cope with new challenges'. It contends that 'a significant amount of socialization and cultural transfers take place in the form of a horizontal process between children and young people, within their own country as well as between countries'; that the local community in Norway 'no longer plays the role as a secure base in the lives of children and young people that it used to'; that the Government 'must keep striving for an educational system which aims at ensuring that as many as possible find work', including young people who drop out of school and 'do not manage to live up to the expectations of the modern education society'; that Norway has many second-generation immigrants from Pakistan, Viet Nam, Iran and other countries, and that children who cope best and get the best results at school are those who do not break their ties with their parents' culture and who at the same time are able to function on the new society's terms; and that the Government is concerned, among other things, about narcotics use among young people, about rising levels of violence in the country, and about 'extremist nationalistic movements'.
Introduction of report
PETER WILLE, Deputy Director General of the Ministry of Foreign Affairs of Norway, said in a brief opening statement that the Government recently had presented a national plan of action for human rights in which the rights of the child were a priority area. Half the measures in the plan dealt with domestic human-rights issues -- Norway intended to start at home, looking closely at its own human-rights performance.
One concern was the influence of the media on children and young people, Mr. Wille said, and the topic had been the subject of an international workshop held in Oslo on 19 and 20 November 1999; the outcome would include production of a resource package containing awareness-raising, training and other materials; and documentation for the Committee on the Rights of the Child to develop further understanding of reporting responsibilities of States partes under article 17 of the Convention. Norway was also carrying on discussions with UNICEF on follow-up to the workshop.
Norway emphasized in its report that it welcomed trends towards enhanced international cooperation on children's issues, Mr. Wille said.
Discussion
Committee members raised a number of questions. Reference was also made on occasion to written replies supplied by Norway to questions put by the Committee in advance.
Responding to queries, the Norwegian delegation said, among other things, that Norway did indeed consider children as major resources for enhancing their own rights; that Norway would never consider its immigration practices to be perfect, but strove continuously to improve them and kept the well-being of children, including unaccompanied minors, in mind; that certain communities, called 'basis municipalities', specialized in receiving and caring for unaccompanied minors among the nation's immigrants, and the Government had increased subsidies for such children; and that a research project was studying best practices in the field.
Laws in the country were tending towards the direct implementation of international human-rights conventions, but still overall Norway had a 'dualist' approach, the delegation said; the Convention on the Rights of Child was now the subject of a study under which Norwegian legislation was reviewed to assess compliance. Although many thought that lack of incorporation into domestic legislation was a weakness, in fact that was not really the case; international treaties that were ratified by the country were important whether or not they were incorporated, in keeping with the spirit of the 'dualist system'.
The minimum age of marriage was 18, the delegation said, but there were possibilities for exceptions. Single, teenage mothers had the same rights as other mothers, including to social services.
An office of an Ombudsman for children had been in existence for some years, the delegation said; it had been the first such post among countries; there had been three Ombudsmen to date; at this point the office was well-known throughout the country, especially to children. The Ombudsman could form his role as he wished and the three who had held the post had taken different approaches, but the institution had proved to be a useful one for promoting the interests of Norwegian children. The Ministry of Family and Child Affairs was pushing for an increase in the Ombudsman's budget.
The Ministry of Family and Child Affairs served as the coordinating agency for child affairs, the delegation said; it worked extensively with other ministries and had established a committee with representatives of other ministries that worked extensively with children's issues.
The Government had not reduced its financing of municipalities, the delegation said; in fact, the funding had been increased. Still, there was always a debate that the municipalities had too little money, and some were spending more than they had received, and so were in debt; in the revised national budget presented some weeks ago, municipalities had received an extra 2 billion Norwegian Kroner. Because local democracy was what it was, there were differences in behaviour and funding between municipalities, but the national Government had fairly precise standards on matters of child rights and child welfare. There did not appear to be very great differences between municipalities where children were concerned. Local authorities set priorities for children's programmes and rights, but in keeping with national standards; local governments could never do such a thing as drastically cut budgets related to children without reaction from county and other authorities. 'Block grants' given to municipalities were not earmarked for any one purpose, and so it was not possible to say how much of these grants went to children's programmes. Nor was spending on behalf of children in municipalities closely monitored, although it was hoped to have more precise information in the future.
Nine children between the ages of 7 and 14 had committed suicide in 1995 in the country, the delegation said. There had been no analysis of these suicides.
A 'relatively high number' of children in Norway had been taken from their parents based on concern over the children's welfare, the delegation said, and the matter had been discussed in various European fora, including at the Council of Europe; it was difficult sometimes to find a balance between children's rights and 'parents' rights'.
Civil servants in Norway were very concerned about the best interests of children, the delegation said, and the number of those working on matters of child welfare had been doubled in recent years; the main focus was on prevention of various problems.
There was no 'right' to day-care in Norway, but such a concept was being developed. A Democratic Youth Forum had been functioning for two years, the delegation said; it appeared to be functioning very well but the Government considered it too soon to carry out a formal assessment on the Forum.
A project called 'focusing children's rights' had been started last year in connection with the 10th anniversary of the Convention; it was intended to enhance children's awareness of their rights and to involve schools and municipalities and youth organizations in enhancing child rights, the delegation said. In addition, the national plan of action for human rights gave human-rights education a central place. The plan also anticipated that the Government's current agency for human rights could, by the end of the year, be designated a national institution for human rights according to international standards.
The age of criminal responsibility was 15, the delegation said; the Criminal Procedure Act nonetheless had many provisions under which persons under age 18 were treated differently than those over 18 -- sentences were shorter, among other things.
Children who stayed in Norway under three months normally were not required to attend school, although those who wished to could do so, the delegation said; as for health care, that was always given; the definition of 'necessary' health care was up to local authorities, but clearly any child requiring treatment would receive it.
The Nordic Council of Ministers was working on standards on how to decide what was 'in the best interest of the child', and these guidelines would then be passed on to ministries and agencies and schools, the delegation said.
* *** *