ATC120917: Report of the Portfolio Committee on Women, Children, and People with Disabilities on the Study Tour to Norway, dated 21 June 2012
NCOP Women, Children and People with Disabilities
REPORT OF THE PORTFOLIO COMMITTEE ON WOMEN,
CHILDREN, AND PEOPLE WITH DISABILITIES ON THE STUDY TOUR TO
The Portfolio
Committee on Women, Children, and People with Disabilities (the Committee),
having undertaken a study tour to
1.
Introduction
The Portfolio
Committee on Women, Children and People with Disabilities undertook a study
tour to
2.
Background
In responding to
its oversight mandate over the Department of Women, Children and Persons with
Disabilities and the Commission for Gender Equality, and in focusing on issues
relating to children, youth and persons with disabilities, the Committee
devised a business plan for the current parliamentary term. The thematic
approach taken was to engage with issues relating to its target groups in an
integrated manner. The themes are as follows: violence and socially vulnerable
groups; survival and development (Millennium Development Goals (MDGs) 3 and 4);
education and skills development; poverty and economic empowerment and lastly a
review of the Ministry for Women, Children and Persons with Disabilities,
Government Machineries and Government Programme of Action for Women, Children
and Persons with Disabilities.
As part of its
oversight mandate, the Committee undertakes domestic site visits and
international study visits, to track progress, as well as learn from best
practices from other countries on issues pertinent to its sector.
For this particular study tour, and after
reviewing a number of potential countries, the Committee selected
3.
Objectives
and identified stakeholders
The following
objectives were identified for the study tour to
·
To engage with the relevant government departments
responsible for addressing the issues impacting on women, children and persons
with disabilities;
·
To observe how a country such as
·
To enable the Committee to develop sound
recommendations to the Parliament of the
·
As part of its intergovernmental relations with the
Department of Women, Children and Persons with Disabilities, this study tour
will assist the Committee in sharing knowledge of best practice models, which
could enhance the work of the Department of Women Children and Persons with
Disabilities. This is particularly important as the Department of Women,
Children and Disabilities is a new department;
·
In terms of proposed legislation such as the Gender
Equity Bill and a bill specifically focusing on disability, the Committee will
gain important insights from legislatures that have developed laws in this
regard; and
·
The Committee was also interested in engaging with
legislatures to determine how oversight on international obligations, is
conducted.
The following
government institutions were identified to engage with as a means for achieving
the said objectives:
·
Ministry of Children, Equality and Social
Inclusion;
·
The Equality and Anti-Discrimination Ombud;
·
The Equality and Anti-Discrimination Tribunal;
·
Norwegian Directorate for Children, Youth and
Family Affairs;
·
Ombudsman for Children; and
·
Anti-Discrimination Ombud.
4.
Delegation
The delegation
comprised the following:
Members of Parliament
Ms DM Ramodibe
(chairperson) (ANC);
Ms MF Tlake
(ANC);
Ms GK Tseke
(ANC);
Ms P Petersen- Maduna (ANC);
Ms D Robinson
(DA); and
Ms CB Diemu
(COPE).
Support Staff
Ms N Nobatana
(Committee Secretary);
Ms K Abrahams
(Researcher: Children, Youth and People with Disabilities); and
Ms C Levendale (Researcher:
Women).
South African Ambassador to
Ms BR Sisulu
Ms A Hole,
Director General, Ministry of Children, Equality and Social Inclusion;
Ms E Vigerust,
Senior Advisor, Ministry of Children, Equality and Social Inclusion;
Mr O Bringa,
Senior Advisor, Ministry of Children, Equality and Social Inclusion;
Ms I Rusnes,
Senior Advisor, Ministry of Children, Equality and Social Inclusion; and
Mr M Stephansen,
Head of Division, Norwegian Directorate for Children, Youth and Family Affairs.
Standing Committee on Family and Cultural Affairs
and Labour and Social Affairs
Mr P Myklebust,
International Coordinator, Norwegian Directorate for Labour and Welfare;
Mr R Hjermann,
Ombudsman for Children;
Ms K Oftung,
Equality and Anti-Discrimination Ombud and Tribunal;
Ms K Buckman, Equality
and Anti-Discrimination Ombud and Tribunal;
Ms I Karlsen,
Oslo Womens Shelter;
Ms L Brenna,
Womens Panel on Discrimination;
Ms J Skei,
Leader of the Norwegian Association for the Disabled; and
Ms H Witsoe,
Advisor for the Development Aid Work, Federation of the Organisation for the
Disabled.
5.
Meeting with the Ministry of Children,
Equality and Social Inclusion
5.1 Welcome and introduction
The
DirectorGeneral of the Ministry of Children, Equality and Social Inclusion
welcomed the delegation from the Portfolio Committee on Women, Children and
People with Disabilities. An overview on the role of the Ministry of Children,
Equality and Social Inclusion was provided. This role involved the following:
·
To strengthen consumer rights, interest and safely;
·
To allow children and young people to grow up
safely and to participate in
public
decision making process;
·
To promote economic and social security for
families; and
·
To promote full equality of status between men and women.
The Committee
was informed that a significant component of the budget of the Ministry goes
towards the benefits for families with children. The three main benefits are
child benefit, maternity/paternity benefit and cash benefit to the parents of
young children. The Ministry implements several programmes that relate to the
following areas adoption, child welfare, children and youth, consumer
affairs, ethnic discrimination, family finances,
homosexuality, marriage and cohabitation, parents and children,
persons with disabilities, as well as
violence
and abuse in close relationships
Of particular
relevance to the Committee was the Ministrys position insofar as family
finances are concerned. Parental leave and related benefits are tied to giving
birth and caring for small children in the family while child support
regulations aim to provide a sufficient level of care when the family unit
breaks up. In addition, the Ministry has a responsibility to ensure that
persons with disabilities have the opportunities for personal development,
participation and self-realization on par with other citizens. With regard to
violence and abuse in close relationships,
the Ministry has an action plan to combat domestic violence. It includes
efforts to strengthen knowledge and collaboration within the public support
system, to highlight and prevent violence within close relationship and to
provide help, protection and advice to victims of such violence. The range of
treatment services available to perpetrators of violence will also be
strengthened.
The Ministry of
Children and Equality is responsible for multi-sectoral policies directed
toward children and youth. The goal of the Norwegian policy is to secure good,
safe environment in which children and young people can grow to adulthood.
The importance of the programme is to combat
marginalization, equalise living standards and promote equal opportunities for
children and young people to influence social development. The Ministry comprises
five departments and several directorates
. The Committee had the
opportunity to engage with the Department of Family Affairs and Equality as
well as the Ombudsmen for Children and the Ombudsmen for Equality and
Anti-Discrimination.
The Department of Family Affairs and Equality reported to the Committee
that
In terms of fostering family life,
The Committee enquired as to whether
5.2 Presentation of the Anti-Discrimination and
Accessibility Act
Ms Elizabeth
Vigerust of the Ministry of Children, Equality and Social Inclusion provided an
input on the Act. The purpose of the Anti-Discrimination and Accessibility Act
is to promote equality and ensure equal opportunities for and rights to social
participation for all persons regardless of disabilities, and to prevent
discrimination on the basis of disability. The Act was implemented on 1 January
2009. It covered all areas of life such as public and private sector, working
life, social services, health, restaurant and other goods and services. The
main elements of the Act are:
·
Prohibition of discrimination on the ground of
disability;
·
Accessibility;
·
Active measures to promote equality; and
·
Monitoring and enforcement.
Of interest to
the Committee in the Act was the prohibition of discrimination (direct and
indirect) on the ground of disability, and the emphasis on enforced recruitment
and burden of proof. Moreover, employers had a duty to make efforts to ensure
equality through:
·
Active target and systematic efforts to promote
equality and non-discrimination irrespective of disability; and
·
Private undertakings with more than 50 employees
and all public undertakings.
The Committee
was also informed that there was an overall high compliance with the
legislation. There is a positive obligation on the public and private sector to
report on an annual basis. In terms of universal design, the Act stipulates
that it is an obligation for public and private undertakings to make active,
targeted efforts to promote universal design. A duty to ensure universal design
has also been included on public and private undertaking, as well as goods and
services to the general public. This duty to ensure universal design is done by
designing or accommodating the main solutions with regard to physical
conditions, so that undertaking of normal function could be used by many as
possible. Universal design pertains to
buildings, Information and Communication Technology (ICT), public transport.
Provision is also made for individual accommodation, such as, kindergartens, schools
and education, labour market, social and health services. These should be
universally designed in term of the Act. Of importance, is that the Equality
and the Anti-Discrimination Ombud monitors the implementation of the Act, and
deals with statements of offences. The Equality and the Anti-Discrimination
Tribunal Complaints may issue an injunction or order to act and may impose a
coercive fine in order to fulfil the requirements.
The Committee
enquired about the employment of persons with disabilities within the public
sector and social security provisions for persons with disabilities. The
Ministry responded and indicated that children with disabilities are eligible
for a disability pension (grant) and additional surplus for persons with
disabilities until the age of 26 years. The Department of Labour also provides
for persons with disabilities that are unable to be accommodated in the open
labour market through sheltered employment and day time activities. The
Ministry indicated that a provision of 45% of person with disabilities is
required within the workplace, and that a person with a disability has the
right to individual accommodation.
5.3 Presentation of the Action Plan
Mr Bringa,
Senior Advisor to the Ministry presented on this issue. The action plan is
intended to support the implementation of the new Anti-Discrimination and
Accessibility Act, new Planning and Building Act and other new legislation
dealing with the universal design. It is also intended to help meet the
The delegation
was also informed that 15 Ministries were involved and reports were received
for 2009, 2011 and 2013. Individual ministries were expected to review its area
of responsibility. A reference group has also been established comprised of
academics, non-governmental organisations and experts in the area that provides
expert opinion to the Ministry on relevant matters insofar as the Ministrys
mandate and delivery of core functions is concerned.
5.4 Presentation of the new Action Plan Gender
Equality 2014
The Norwegian
Constitution is gender neutral in its formulation. It contains no explicit
provision of gender equality or prohibition against gender discrimination.
These areas are regulated by the Norwegian Gender Equality Act. The Act
relating to Gender Equality was adopted by the Parliament in 1978. The Act came
into force in 1979, has been amended several times, most recently in 2005. The
Act promotes gender equality and aims in particular to improving the position
of women. Women and men shall be given equal opportunities in education,
employment, cultural and professional advancement. The law is based on the
principle of non-discrimination which is the cornerstone and basis for
promoting gender equality.
6.
Meeting
at the
The Committee
was briefed by the director of the shelter on the development of shelters in
The Committee
enquired about the incidence of domestic violence amongst Norwegians that were
not of foreign descent. The presenter noted that no studies have been conducted
recently to establish whether such prevalence exists. Furthermore, the director
noted that the majority of Norwegian women seek support from family and
friends, hence very few access the safe house service, but will utilise the
counselling services during office hours. Individual counselling and group
therapy is provided to all the women at the shelter. Moreover, therapeutic
intervention is also provided to the children.
Women seeking
help at a shelter may themselves decide if they wish to stay for a night or
two, or over a longer period. They may also choose to just visit and speak to a
shelter worker for a few hours, or only seek counselling over the telephone.
Shelters work on the principle of help to self-help. All women residing in the
shelter have a mobile panic button which can be used to summon police
assistance.
7.
Meeting
with Womens Panel on Discrimination
The Womens
Panel on Discrimination was established in September 2010 and collaborates
closely with the Ministry of Children, Equality and Social Inclusion. It aims
to gain insight, become involved in and setting the agenda for
The Committee
was informed that the majority of the clients were foreign nationals with
children and that Norwegian women tended to utilise the services during the
day. All women and children living at the centre receive counselling and
assistance with regard to finding employment and alternative accommodation once
they leave the shelter.
8.
Meeting with the Norwegian Association
for the Disabled (NAD)
The Norwegian
Association of Disabled (NAD) is an independent advocacy organisation working
for equal rights and social participation for the disabled. Its main target
group is people with physical impairments. The organisation is an active
participant in the area of international aid as well as doing work related to
combating all forms of discrimination.
Social
development has always been a challenge to NAD regarding innovative thinking
and the ability to readjust. NAD was established before the social security and
welfare systems were developed and in a period where people with impairments to
a large extent were made invisible and excluded from participation in social
life. During the 20
th
century, NAD struggled to gain acceptance as
regular members of society. They fight against exclusion and promote inclusion.
The organisation acknowledges that while a lot has been achieved, there is
still a long way to go before they reach their goal of full social
participation and equal right.
Disabled people
are the real experts when it comes to knowing what living with disabilities is
like; hence their inclusive participation at all levels is a prerequisite for
success. By anchoring their projects in local communities, they facilitate
empowerment and sustainable projects that can carry on beyond the period of
NADs support. Although NAD is an organisation of physically disabled people, their
programs involve people with all types of disabilities. NAD also strives to
promote the interests of women with disabilities, who are often doubly
discriminated against.
9.
Meeting with the Federation of the
Organisations for the Disabled (FFO)
The Norwegian
Federation of Organisations of Disabled People (FFO) was founded on September
21
st
1950, and is a central co-operative body of organisations of
disabled people in
10.
Meeting with
Norwegian Directorates for Children, Youth and Family Affairs
The Committee
received a briefing and presentation by Mr Berger Hareide on the key functions
and responsibilities of the Directorate, as well as an overview of adoption in
The Norwegian
Directorate for Children, Children and Family Affairs is the central government
office under the Ministry of Children and Equality. It is responsible for
implementing programmes and objectives as outlined by the Ministry. The main
objective of the Norwegian Directorate for Children, Youth and Family Affairs
is to provide services of high and accurate quality to children, young people
and families in need of assistance and support regardless of where in
·
Child welfare;
·
Family counselling;
·
Adoption;
·
Matrimonial cases;
·
Ex gratia compensation payments;
·
Administration of grants;
·
Youth exchanges; and
·
Youth information.
The Directorate regards family and home-based programmes as very
important and tries to use these as means for addressing challenges within
families institutions are only considered as a last resort. Mr Hareide also
indicated that institutions are mainly used to house youth experiencing
problems and challenges as children are primarily placed in foster care.
Furthermore, social workers visit foster care homes, as well as the
homes of families experiencing problems to assess the situation on a regular
basis. It was also highlighted that legislation exists in
Members
highlighted that they too were concerned about the disintegration of the family
unit and welcomed the practice of sending social workers into homes to assess
families experiencing challenges on a regular basis.
In terms of the
methods used for assessments and the interventions offered,
It was indicated
that
Members enquired
about the incidence of HIV/AIDS in
In terms of the
provision of support services for parents who have children with disabilities,
With regard to
adoption services in
In terms of the
process, with the exception of applications to adopt step-children, the
adoption process starts in the applicants own local authority. The local
authority assesses applicants and writes a social report. In the case of an
inter-country adoption, the application will then be forwarded to the relevant
Regional Office for processing. If the application is granted, it is forwarded
to one of the three accredited adoption organisations in
The Directorate
indicated that in 2010, approximately 300 children were adopted from various
countries including Korea, China, India, Kenya, Ethiopia and parts of Latin
America. The Directorate also indicated that at present, 117 South African
children aged between 2 and 8 years have been adopted by Norwegian parents
these children are hosted by the South African Embassy for an SA event on an
annual basis.
11.
Visit to the
Norwegian Parliament (Storting): Joint meeting with the Standing Committee on
Family and Cultural Affairs and the Standing Committee on Labour and Social
Affairs
The Committee
was met by Mr Bjornar Hotvedt and Mr Erik Christensen who gave an overview of
Parliament and Norwegian politics.
Since 2009, the
Norwegian Parliament is a unicameral national assembly. The Storting has
legislative powers, considers and approves budgets and has an oversight
responsibility. Currently, there are 169 members of Parliament representing the
19 counties in
The Committee
then met with the Standing Committee on Family and Cultural Affairs and the
Standing Committee on Labour and Social Affairs.
Standing Committee on Family and Cultural Affairs:
The Committees responsibilities are matters
relating to families, children, youth, gender equality, consumer affairs and
cultural affairs.
Standing Committee on Labour and Social Affairs:
The Committees
responsibilities are matters relating to the labour market and the working
environment, work related benefits, social benefits and policy regarding
persons with disabilities.
Discussions with
these committees centred on womens representation in Norwegian society, as
well as the discrimination of persons with disabilities.
The Chairperson
of the Standing Committee noted that having a stable democratic status has
allowed
In terms of
achieving a gender balance in
In terms of
persons with disabilities, the Standing Committees highlighted that
accessibility is still a challenge in
12.
Meeting with
Directorate for Labour and Welfare
The Committee
received a presentation from Mr Peter Myklebust on the work of the Norwegian
Directorate for Labour and Welfare.
The Directorate
of Labour and Welfare is under the authority of the Ministry of Labour. The
directorate works on all of the Norwegian Labour and Welfare Services (NAV)
policy areas, and runs nationwide support functions for NAV. The Norwegian
Labour and Welfare Service
was
established on 1 July
2006, and is a comprehensive welfare reform programme. NAV aims to help more
people find employment or other meaningful activity.
NAV also
provides financial security to individuals through arrangements such as
unemployment benefits, family allowances, cash benefits, sickness benefits and
pensions. NAV receives more than a third of the state budget making it the
largest state agency.
In
Approximately
700 000 persons in the Norwegian work force receive different kinds of
benefits. Statistics show that this number is on the increase,
especially among young people. An extensive reform is required to reverse this
development. Mr Myklebust informed the Committee that for the past 8 to 9
years, more young men than women have been dropping out of school. In
Every
municipality in
13.
Meeting with
Ombudsman for Children
The Ombudsman for Children in
The Ombudsman for Children is appointed by the
King of Norway and serves a six-year non-renewable term. The Ombudsman
indicated that personnel employed in the Ombud offices comprised a
multi-disciplinary team including among others criminologists, lawyers, social
workers, sociologists and child workers.
The Ombudsman (Mr. Reijar
Hjermann) highlighted that due to the child rights focus and participatory
nature of the office, the Ombudsman for Children in
Currently, the Ombudsman is
lobbying to lower the voting age in local government elections from 18 years to
16 years of age. In addition, the office has also successfully lobbied the
administrative head of parliament to start a youth parliament which will be
represented by two youths from every county to speak to and highlight issues
faced by children and youth in
It was highlighted that
childrens participation is very high on the agenda of the Norwegian
government. To this end, children also (informally) participate in the
recruitment and appointment process of the Ombudsman. The Ombudsman indicated
that following the short-listing process, a focus group of children also had
the opportunity to interview and engages with candidates and give
input/feedback to the recruitment agency. Following this, the recruitment
agency reduces the shortlist and forwards it to the Ministry for Children,
Equality and Social Inclusion who then makes a recommendation and proposes it
to the King for appointment. The Ombudsman indicated that they were lobbying
that the child/youth participation in the recruitment process be formalised.
14.
Equality and Anti-Discrimination Ombud and
Tribunal
The Equality and
Anti-Discrimination Ombud operates independently within his or her field of
expertise but is administratively integrated within the Ministry of Children
and Equality. The Ombud fights discrimination and promotes equality regardless
of factors like gender, ethnicity, disability, sexual orientation and age.
The Equality and
Anti-Discrimination Tribunal handles complaints and appeals regarding
recommendations and actions by the Equality and Anti-Discrimination Ombud. The
tribunal deals only with matters that first come before the Ombud.
15.
Findings and Recommendations
The Portfolio Committee on Women, Children and People with Disabilities,
having undertaken the study tour to Norway, was able to gain valuable insights
and knowledge, in particular in relation to legislation and policies for women,
children and persons with disabilities, as well as programmatic responses to
challenges faced by these target groups.
The Committee recommends/finds as follows:
·
There is a need to look at the
synergies between the current disability, anti-discrimination and gender
equality legislation in Norway, and the proposed disability and gender equality
legislation in South Africa;
·
In terms of Universal Design,
Norwegian legislation places a responsibility on both the public and private
sector to promote universal access. In addition, universal access is a
transversal issue and included in all departmental policies and programmes.
Therefore the issue of universal design is utilised more as a strategy;
·
An early intervention and
prevention approach is implemented at a municipal level. Therefore if a citizen
requires any form of assistance or support, this can be identified at the onset
and the appropriate service can be rendered in most instances free of charge.
Such a holistic approach is aimed at keeping families together, with any form
of institutionalization being seen as the last resort;
·
There is a high regard for
child participation this was evident in the engagement with the Ombudsman for
Children, as well as the Ministry for Children, Equality and Social Inclusion.
An Ombudsman for Children should be explored within the South African context;
and
·
In terms of promoting safety
and combating domestic violence against women, all women living at shelters
have a mobile panic button and police in the area are aware of each individual
case.
Report to be
considered.
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