Workshop 10Anti-discrimination legislation

TGEU Council 2014 Budapest May 2nd

Stein W Frydenlund & Oddvar T Faltin

Through the equality law, a law that prohibited discrimination between the sexes, transsexuals was protected. But

only as long as they were diagnosed and had started (or gone through) the reassignment treatment. Other trans

people had no protection.

Prior to current law

stein@llh.no oddvar@llh.no

LGB-people were protected on some areas of the society.

In places that provide goods and services, in access to housing and in

work life.

LGB-people

stein@llh.no oddvar@llh.no

The government launches a pre law publication (NOU 2009: 14) in order to

get one anti-discrimination law that was to cover all grounds. LGB were, but trans people were not mentioned

specifically.

Norway 2009

stein@llh.no oddvar@llh.no

The Commission proposes that the list of grounds of discrimination in the law

not is to be expanded. It is, in our opinion, no need to add new grounds to

the list.

NOU 2009: 14

stein@llh.no oddvar@llh.no

The majority of the members of the commision, however, said that; We

believe that trans people have a special need of protection against

discrimination. We believe that all trans people, not only transsexuals needs to

be protected against discrimination.

NOU 2009: 14

stein@llh.no oddvar@llh.no

”….discrimination based on other similar, significant aspects of a person.”

NOU 2009: 14

stein@llh.no oddvar@llh.no

• Primarily; Wanted an anti-discrimination law on any ground.

• Secondarily; All trans people should have the same protection. How to determine who is to be considered a ”real transsexual”?

• Wanted gender expression and gender identity to be mentioned specifically.

The opinion of LLH

stein@llh.no oddvar@llh.no

During 2012 rumors had it that the Ministry of Family and equality were

trying to have a new law passed prior to the election in 2013.

2012; Talk about a new law

stein@llh.no oddvar@llh.no

The Ministry did not have plans to take the new proposal out on a public hearing. They were of the opinion that enough opinions had been expressed on NOU 2009; 14. LLH got to speak both to the Minister herself and people from the Ministry.

stein@llh.no oddvar@llh.no

• Covers all areas of the society, except family life and private matters.

• Includes both gender expression and gender identity.

• Also includes intersex, not mentioned in the law, but in the preparatory work.

• Complaints to be investigated by our ombudsman for equality, LDO.

The new lawIn action from January 1st 2014

stein@llh.no oddvar@llh.no

• If there is reason to believe that there has been a case of discrimination, the respondent has to prove it hasn´t.

• Employers may NOT gather information on the gender identity of a potential employee when one is applying for a job.

• If a private business has more than 50 people employees, they have to work proactive against discrimination.

The new law

stein@llh.no oddvar@llh.no

• Public offices have the same responsibility even with less employees.

• Employers have to report annually on what they are doing to prevent discrimination at their workplace.

• LDO gives a ruling in discrimination cases.

• In order to get compensation, the case has to be taken to court.

The new law

stein@llh.no oddvar@llh.no

One HAS to complain if one suspects discrimination. Otherwise the anti-

discrimination law will just be words on a piece of paper and no actual rights!

Important

stein@llh.no oddvar@llh.no

• Talk about human rights, not only trans rights.

• Find pro-active politicians.• Work with other NGO’s:

- LGBT-organisations- Amnesty international- Other human rights

organisations

How to get a law that protect trans people from

discrimination?

stein@llh.no oddvar@llh.no

So where are you in your country?

stein@llh.no oddvar@llh.no