Replies to Lists of Issues - CRC - Norway

Reply to List of Issues : Norway. 16/03/94.

. (Reply to List of Issues)

COMMITTEE ON THE RIGHTS OF THE CHILD

WRITTEN ANSWERS FROM THE GOVERNMENT OF NORWAY
TO THE LIST OF ISSUES (CRC/C.6/WP.6) FORWARDED BY THE COMMITTEE
ON THE RIGHTS OF THE CHILD IN CONNECTION WITH
THE INITIAL REPORT OF NORWAY
(CRC/C/8/Add.7)

Received on 16 March 1994

ROYAL MINISTRY OF FOREIGN AFFAIRS, OSLO

TGeneral measures of implementation

1. PLEASE PROVIDE MORE DETAILS ABOUT THE PROCESS OF PREPARING THE REPORT, IN PARTICULAR, WITH REGARD TO POPULAR PARTICIPATION AND THE INVOLVEMENT OF NON-GOVERNMENT ORGANIZATIONS.

Since Norway's ratification of the Convention on the Rights of the Child, and its entry into force on 7 February 1991, the Ministry of Children and Family Affairs, the Commissioner for Children and nongovernmental organizations have made active efforts to disseminate information about the Convention and its principles, cf. Article 42.

Since the overall responsibility for national policy on children lies with the Pastry of Children and Family Affairs, the Ministry played an important role in the drafting of the Report.

Several Ministries contributed to the drafting of the Report. Contributions were also requested from a selection of NGOs, which were consulted because of their important contribution to children's living conditions. The following NGOs were consulted: the Save the Children Fund, the Norwegian Committee for UNICEF and the Red Cross.

2. WITH REFERENCE TO INFORMATION CONTAINED IN PARA. 56 OF THE REPORT, DOES THE GOVERNMENT HAVE ANY PLANS TO PUBLISH THE SUMMARY RECORDS AND CONCLUDING OBSERVATIONS OF THE DISCUSSIONS WITH THE COMMITTEE, IN CONJUNCTION WITH THE PUBLISHING OF THE NORWEGIAN STATE PARTY REPORT?

Norway's Report to the UN has already been printed and distributed to a large number of agencies (cf question 3). The summary records and concluding observations of the discussions with the Committee will be forwarded to the relevant ministries and will thus serve as important tools in the Government's follow-up of the dialogue with the Committee. These documents will also be made available to NGOs and interested persons upon request. Consideration will also be given to whether the documents should be made available through the Government Printing Office.

3. PLEASE PROVIDE FURTHER DETAILS OF THE PLANNED THREE-YEAR CAMPAIGN TO MAKE THE CONVENTION WIDELY KNOWN IN THE COUNTRY.

The Ministry has implemented a number of measures, independently and in collaboration with NGOs, to disseminate information on the Convention, addressed to both children and adults. The information campaign for the next three years has the following strategy.

I Goals

a) Both children and adults shall be made aware of the existence of the Convention;
b) Both children and adults shall be made aware of important rights to which the child is entitled under the Convention, e.g. a child's right to be heard in matters that concern him or her;
c) Children shall be placed in a position where they can avail themselves of the rights the Norwegian authorities consider them to he entitled to under the Convention.

II Target groups

The target group for information on the Convention comprises all children and adults. The following target areas are considered particularly important and will be emphasized:

* Child-care institutions;
* Schools;
* Working life;
* Leisure, recreation and cultural activities and voluntary children's and youth organizations;
* Municipalities;
* The media;
* Institutions of higher education;
* The state administration.

III Measures

The measures for disseminating information will be based on the following considerations.

i) The focus will he on children's rights in Norway.

In order to encourage Norwegian children to become acquainted with their rights, the campaign will focus on children's situation in Norway.

Material dealing with the situation of children in other countries is already available.

ii) Priority will be given to measures to stimulate initiative and involvement in the local community.

The aim is to present problems and situations in a recognizable way and to create a sense of identification with them. This is intended to motivate the child or adolescent reading the information or taking part in the activity to do something about his or her own situation at a local level.

iii) The campaign will he inclusive, not exclusive.

The measures will primarily be aimed at everyone, and will not be dependent on membership of a particular organization, school, club, or other body.

iv) The campaign will focus on children's rights (and obligations) under the Convention and under Norwegian law.

IV Target areas

The Ministry's intention is to implement measures for disseminating information and influencing attitudes in a number of areas. Some of these as have already been covered, many of them in collaboration with NGOs. The following is a brief survey of the measures implemented in the target areas mentioned under II above.

i) General remarks

The Convention on the Rights of the Child has been published in Norwegian and New Norwegian (the two official written forms of Norwegian), in Sami and in English. It will also be made available in the languages of major immigrant and refugee groups. The Norwegian Report to the UN has been distribute to all the municipalities and counties in the country, all colleges of education and health and social welfare studies, regional colleges, the Norwegian College of Journalism, and all voluntary children's and youth organizations.

Five posters have been printed addressed to children, as well as a large number of information brochures and leaflets. This material has been distributed to schools and child-care institutions.

A slide show for children on children's rights has been produced, and support has been given to a number of children's festivals, etc., where the Convention has been presented and explained to the Participants. Funds have also been provided for the production of a special issue of a children's magazine dealing with the Convention.

A children's book on children's rights has been Published, along with a common volume for adults dealing with the Convention-in relation to Norwegian law.

ii) Child-care institutions

An educational programme will be developed for teaching children about the Convention and how to use it.

iii) Schools

A teaching programme has been developed for the 6th to 9th grades, and additional programmes for the lower grades are planned.

iv) Leisure, recreation and cultural activities and voluntary children's and youth organizations

Information and teaching material for voluntary children's and youth organizations addressed to adult supervisors and to children for further dissemination to other children has been tested. Special activity programmes for use by these organizations and in junior clubs/youth clubs will be developed.

v) Municipalities

Children will be informed of their rights in relation to the municipality where they live. Municipal employees will be given information about what children and adolescents are entitled to within the municipality's sphere of activity. In one county an information booklet has been published which is addressed, among others, to the municipal planning authorities. Support has also been given to pilot projects to encourage broader participation by primary and lower secondary schools in municipal planning measures. Courses on children's rights have been held for newly elected politicians in municipal health and welfare committees.

vi) The media

A television series and several television spots have been produced explaining children's rights. All branches of the media television, radio, magazines, newspapers) will be encouraged to take up issues connected with children's rights.

vii) Institutions of higher education

Copies of the Convention and Norway's Report to the UN have been sent to institutions that train personnel who work with children. A special information booklet has been published which is adressed to teachers' organizations, child and social welfare services, school authorities, schools and pupils' organizations. A seminar has been held for employees in child-care institutions and students at colleges of education and social welfare studies.

viii) The state administration

The campaign addressed to the state administration will focus on information on children's and adolescents' rights in relation to planning.

V. Priority areas

The following areas will be given priority during the next three years:

a) Production of information and teaching material. Priority will be given to teaching material for child-care institutions and primary schools and to general information such as posters and brochures.
b) Innovation and development, with an emphasis on developing methods for involving children in consciousness raising and for disseminating information about the Convention among children (school projects, public consultation of children, etc.). Grants are available for projects dealing with -previously unexplored areas.

c) Conferences, especially for adult target groups. These will be linked with the follow-up to point a above.

4. IN WHAT LANGUAGES SPOKEN BY THE LARGER REFUGEE AND IMMIGRATION GROUPS IS THE CONVENTION AVAILABLE?

The Convention has already been published in English, as well as in Norwegian and Sami. It will also be made available in other languages spoken by many of the major groups of immigrants and refugees in Norway, including Spanish, Urdu, Vietnamese and Turkish. Translation to Serbo-Croat, Arabic, Polish, Farsee, German, Tagalog and Hindi is also being considered.

5. PLEASE DESCRIBE IN MORE DETAIL THE GOVERNMENTAL ADMINISTRATIVE STRUCTURE DEALING WITH CHILD REFUGEE MATTERS.

The government agencies dealing with minor asylum seekers are largely the same as those dealing with matters concerning adults.

An application for asylum is to be submitted in writing or orally to the police. The police shall as soon as possible interview the applicant. The Directorate of Immigration will decide whether or not asylum/a residence permit should be granted. Appeals against decisions of the Directorate of Immigration may be made to the Ministry of Justice.

As regards matters related to the welfare of asylum-seekers and refugees in Norway, such as conditions in reception centres, measures aimed at integration etc., the main responsible agencies are the Ministry of Local Government and Labour, and the Directorate of Immigration, in cooperation with relevant ministries as the Ministry of Health and Social Affairs and the Ministry of Education, Research and Church Affairs.

In addition, agencies particularly concerned with the welfare of children (i.e. the Ministry of Children and Family Affairs, the Commissioner for Children and local child welfare offices) act in matters relating to refugee children in the same way as they act in matters relating to other children in Norway.

6. WHAT IS STATUS OF THE CONVENTION IN RELATION TO NATIONAL LAW? CAN THE PROVISIONS OF THE CONVENTION BE INVOKED IN NATIONAL COURTS?

Neither the Constitution nor legislation contain any general rule concerning the position of treaties in national law. However, provisions are occasionally to be found in legislation that give effect to treaties within the scope of the statute in Question. In legal theory, the relationship between international law and Norwegian internal law is normally described as a system of dualism.

The methods for implementing treaties in national law are usually called transformation, incorporation and "ascertainment of legal harmony". Transformation entails the reproduction of a treaty in legislation, in the form of a translation with any adaptions that may be necessary. Incorporation entails the legal enactment of a treaty as part of national law, in its original form and language. The term "embodiment" in Norwegian law is often used as a joint concept for both transformation and incorporation. Ascertainment of normative harmony entails ascertaining that national law is in accordance with the convention. This has been the most usual method of implementing treaties in Norway.

Human rights conventions have been referred to in several cases before Norwegian courts. The Supreme Court has never found any conflict between Norwegian law and a human rights convention and has therefore not come to any decision as to which rule takes precedence in the event of a conflict. But an important statement of principle appears in the Norwegian Law Gazette (Norsk Retstidende) 1984, p. 1175. There it was stressed that the decision in the case must, inter alia, be based on the consideration that "... Norwegian law must as far as possible be presumed to be in accordance with treaties by which Norway is bound...".

7. PLEASE DESCRIBE THE POLICY IN PLACE IN RELATION TO THE IMPLEMENTATION OF ARTICLE 4 OF THE CONVENTION WITH REGARD TOT HE ALLOCATION "TO THE MAXIMUM EXTENT OF (...) AVAILABLE RESOURCES FOR THE RIGHTS OF THE CHILD". HOW HAS THIS PRINCIPLE BEEN APPLIED IN BUDGET DISCUSSIONS IN RECENT TIMES? WHAT GUARANTEES EXIST TO ENSURE THAT LOCAL AUTHORITIES ARE LAOS GUIDED BY THIS PRINCIPLE IN THEIR POLICY DECISION MAKING? HOW ARE CHILDREN WITH SPECIAL NEEDS PROTECTED AGAINST THE ADVERSE EFFECTS OF REDUCTIONS IN BUDGETARY ALLOCATIONS?

Reference is made to the answer given to question 3 above concerning measures taken to disseminate information on the Convention. The State administration and the municipalities are among the particularly important target groups of such measures.

The interests of children and adolescents have been paramount in budget discussions in recent times. An example of this is the extensive expansion of child-care institutions and day-care centres for school children in recent years, described in the Report.

The following measures are also worth noting:
- an increase in child benefits;
- an increase in the maternity grant (which has been further increased since Norway submitted its initial Report, from NOK 17,790 in 1993 to NOK 23,275 in 1994);
- a substantial extension of parental leave in connection with the birth of a child.

We would also like to point out that this year the universal right to three years of upper secondary education is being introduced and that the efforts made in the field of education and training and labour market schemes have resulted in a steady reduction in the unemployment figures for the under-20 age group since 1989, in spite of the fact that these figures have risen for other groups in the same period.

In the sphere of child welfare, government allocations to municipal child welfare services were increased tenfold at the beginning of the three- year National Development Programme for Child Welfare in 1991. Now that the three years are over, the allocations to the municipalities have not been reduced, but have been included in the lump-sum grants allocated by the central government, and the municipalities have the same obligations and opportunities for giving priority to child welfare as they had while the programme was being implemented.

Child-care facilities are being expanded both at municipal level and in the private sector, and both sectors receive government subsidies. Day-care centres for school children are also a municipal responsibility and are subsidized by central government. These examples show that the municipalities are also taking their responsibilities seriously and providing care and supervision facilities for increasing numbers of children.

As regards "cultural rights", cultural and leisure activities are primarily a municipal responsibility in Norway, but government grants for such purposes are allocated to local authorities and to voluntary children's and youth organizations. The Report describes this in more detail (Chapter 6, paragraphs 400-421, pp. 70-76). Although there are no "guarantees to ensure that local authorities are guided by this principle", efforts are made to stimulate a wide variety of cultural and leisure activities for children and adolescents. We have no law guaranteeing "cultural rights" in the strict sense, but the municipalities are bound by the provisions of, for example, the Act relating to social services, the Child Welfare Act, the Act relating to primary and lower secondary education and the Building and Planning Act, all of which help to safeguard the rights referred to in Article 4.

As regards the emphasis on a 'child perspective' in municipal planning and decision-making, our view is, however, that more intensive efforts should he made in this sphere. A good deal of attention is therefore being devoted to this aspect in our child Policy planning. One of our policy aims in this connection is to improve cooperation between the municipal authorities and the various occupational groups responsible for measures affecting children's lives, ensuring that children's interests are even more firmly established as an essential consideration. The National Development Programme for Child Welfare, described in paragraph 19 of the Report, has contributed to this goal.

Improving coordination and cooperation is an ongoing project at central and local government levels. This is especially important in order to make sure that no children or adolescents slip through the net of municipal services. The results of projects investigating an alternative organization of services called out under the National Development Programme are being systematized and disseminated, and in addition the municipalities are preparing plans for a cohesive, Preventive child welfare service. Many municipalities are setting up all-embracing childhood services' or similar arrangements. A follow-up service at county level for adolescents who are neither in jobs nor in upper secondary education will be introduced this autumn. All these are examples of the way in which children's interests are being given priority at central and local level.

Children with special needs, such as disabled children, have of course benefited from the expansion of child care facilities, especially since 10 per cent of government grants to child-care instructions are ear-marked for disabled children. Furthermore, the Kindergarten Act stipulates that disabled children are to be given preference in the allocating of places in municipal child care institutions. The Act relating to primary and lower secondary education makes it compulsory for the municipalities to ensure that those in need of special education receive such help, and the municipality is responsible for the education of children with special needs.

Definition of the child

8. DOES THE POSSIBILITY EXIST FOR AN ADOPTED CHILD TO OBTAIN INFORMATION ABOUT HIS/HER BIOLOGICAL PARENT FROM THE AUTHORITIES EVEN BEFORE THE CHILD REACHED THE AGE OF 18?

The right of an adopted child to know the identity of his/her biological parents is provided for in the Adoption Act of 28 February 1986. Adopted children have to have reached the age of IS before they are entitled to be informed by the authorities of the identity of their biological parents, but younger children may be given this information. In such cases the county governor submits a request to the biological mother or father for their consent, and if they agree the child can be given the information.

The Norwegian authorities consider that adopted children should be told that they are adopted at the earliest possible age in order to prevent the child from learning about this in a negative way and from people other than the adoptive parents. The Act thus contains a provision stipulating that the parents should tell the child as soon as it is advisable". The provision allows for individual discretion in evaluating the child's ability to deal with the information, but the intention is that the information is given early enough to prevent the child from first learning about it from other sources.

9. IN THE CASES WHERE THE REQUEST FOR AN ABORTION IS FROM A MINOR AND IS CONTRARY TO THE RECOMMENDATION OF THE MINOR'S PARENTS OR GUARDIANS PLEASE EXPLAIN THE CRITERIA WHICH GUIDE THE COUNTY MEDICAL OFFICER'S DECISION ON THIS MATTER (SEE PARA. 74 OF THE REPORT).

According to the Act concerning termination of pregnancy (section 9, litrae a and b), a pregnancy may be terminated only with the consent of the county medical officer (in Oslo, the city medical officer) when

a) the woman is under 16 years of age, and the reason exercising parental authority has expressed the view that the pregnancy should not be terminated;
b) the woman is mentally recorded and the guardian has expressed the view that the pregnancy should not be terminated.

It is extremely rare that the county medical officer is involved according to section 9, litra a of the Act. In 1990 and 1991 two such requests were considered by a county medical officer. One led to termination, while the other did not. These figures must be considered in the light of the fact that altogether 34 abortions -were performed in 1991 on girls under the age of 14. The same year, 2186 abortions were performed on women aged 15-19. It is not possible to assess how many of these women had reached the age of 16 at the time of the request for abortion.

The county medical officer does not make his decision according to specific criteria, but on the basis of an overall assessment, in which the best interests of the child, and her own assessment of her situation, are primary considerations.

General Principles

10. WITH REFERENCE TO INFORMATION CONTAINED IN PARA. 28 OF THE REPORT, PLEASE INDICATE WHETHER AN EVALUATION HAS BEEN MADE ON THE PROGRESS ACHIEVED IN THE ACTIVITIES PLANNED TO COMBAT RACISM.

No such evaluation has been made.

11. HOW IS THE PRINCIPLE OF NON-DISCRIMINATION INTERPRETED IN RELATION TO THE RIGHTS OF REFUGEE CHILDREN AND THEIR ENJOYMENT OF THEIR RIGHTS TO, INTER ALI, HEALTH, EDUCATION AND FAMILY REUNIFICATION PROTECTED EVEN IN THE CASE WHERE CHILDREN HAVE NOT BEEN GRANTED ASYLUM?

The general rule is that children (unaccompanied minors and children accompanying parents or others exercising parental authority) who have been granted asylum or a residence permit on humanitarian grounds in Norway enjoy the same rights as Norwegian children.

As regards "children who have not been granted asylum", this category seems to include three different groups:

a) Children who have on been granted a residence permit on humanitarian grounds

As previously mentioned, for most practical purposes this first group enjoys the same rights and obligations as Norwegian children.

b) Children whose application for asylum is pending.

In Norway, primary and secondary school are compulsory for children who are between 6 or 7 and 16 years old. Children who are waiting for an application for asylum to be decided on, have the same right (and duty) to attend primary and secondary school as Norwegian children.

As regards asylum applicants who are 16 years old or more they are, due to the uncertain character of their stay, covered by a special programme including instruction in mathematics, natural sciences and Norwegian.

As regards health care they have access to the same public services as Norwegian children.

c) Children who, after having had their application turned down, have refused to leave the country voluntarily and escaped expulsion. Unlike the two previous groups, these children have no legal basis for their stay in the country.

The third group, persons who are staying illegally in the country, shall in principle receive only emergency medical help from doctors and hospitals. In practice, however, it seems that these children have mainly he given same access to health care as Norwegian children.

As regards education, the Act relating to Primary and Lower Secondary Education does not provide for any specific regulations concerning public education of children who have no legal basis for their stay. In practice, however, children in this group who are under 16 years have had access to education in the same way as Norwegian children. Most of the children who have sought refuge in churches have been given education due to decisions of the local authorities.

As regards family reunification, the provisions are as follows:

The closest family members of a foreign national who is granted lawful residence in the realm with a settlement permit or a permit that may constitute a basis for a settlement permit have on application the right to a residence permit or a work permit.

If the principal person has been granted asylum, the right is unconditional for the spouse and child, or if the principal person is a child, for the parents and unmarried sisters and brothers under the age of 18 when they are living together with the parents.

For groups other than those who are guaranteed refugee status in Norway, it is a prerequisite that subsistence is ensured, unless a settlement permit has been granted (normally after three years continuous residence in the realm with a residence permit or a work permit without restrictions.

Family members of foreign nationals who have received a final negative decision and remain illegally in the country are not entitled to a residence permit or a work permit.

Family members of persons who are waiting for their application to be decided on will not be granted a permit on the grounds of family reunification.

As concerns the right to health, the following rights are applicable to all persons residing in Norway, irrespective of residence status:

- Hospital Act of 19 June 1969 section 6 and Mental Health Care Act of 28 April 1961 section 2 relating to emergency help.

- Medical Practitioners Act of 13 June 1980 section 27 and Dental Health Care Act of 3 June 1983 section 27 relating to emergency help.

The following rights are applicable to all persons residing legally in Norway:

- Municipal Health Services Act of 19 November 1982 No. 66, section 2-1 relating to the right to necessary health services;

- Dental Health Care Act of 3 June 1983 relating to the right to necessary dental services.

These acts can be made available in English translation if the Committee so wishes.

The Hospital Act section 2 and Mental Health Act section 2 state -that the counties are obliged to grant specialized health services to the population residing within the county. The population is defined as people residing legally in Norway.

In order to have expenses for health care refunded by the state, a person must be covered by the National Insurance Act or by a reciprocal agreement on social security with another country. Persons seeking asylum and refugees entering Norway are granted temporary legal residence from the day of arrival and are therefore covered by the National Insurance scheme.

The guide lines for health services state that municipalities with refugee reception centres should develop procedures for cooperation between the municipal health service and these centres, so that applicants for asylum receive necessary health Care, the health service should offer children necessary care. The health condition among children who have lived under severe conditions before arrival in Norway must he given specific attention, particularly as regards their Mental state.

12. HAVE STEPS BEEN TAKEN TO REVIEW THE DECISION OF DENYING EDUCATION AND HEALTH CARE TO ASYLUM SEEKERS WHO HAVE SOUGHT REFUGE IN CHURCHES?

Norwegian authorities are surprised by the unfounded allegations contained in this Question, since no decision has been made to deny education and health care to asylum seekers who have sought refuge in churches.

13. HOW IS THE PRINCIPLE OF THE BEST INTERESTS OF THE CHILD PROTECTED IN THE ASYLUM PROCESS?

The principle of the best interests of the child is protected in the asylum process by a number of specific procedures as well as by the authorities practising of the substantive provisions concerning the right to asylum and a residence permit.

a) As regards the procedures, it should be mentioned that all applicants, including unaccompanied minors, are protected by several legal safeguards during the process.

1. An asylum applicant is interviewed by a police officer. An interpreter is summoned if the applicant and the officer are not able to communicate satisfactorily in a common language.

2. The police informs the applicant of his/her right to be assisted by a lawyer throughout the process, free of charge.

3. The applicant has the right to have the decision of the first instance (the Directorate of Immigration) reviewed by a higher authority (the Ministry of Justice).

Specific measures have been adopted as regards children. Particular priority is given to unaccompanied minors, as they are considered to be a particularly vulnerable group. Thus, a plan of action relating to unaccompanied minor asylum applicants was adopted by the Norwegian Government in July 1989. The measures include:

A)
The application for asylum will follow the ordinary asylum procedure. However, an unaccompanied minor will not be returned to the country of origin - even if there is no ground to fear persecution - when the minor does not have parents or other care-givers in the country of origin. An exception is made when the child can return together with a care-giver.

B)
Particular priority is given to efficient handling/assessment of the asylum claim, as a long waiting time is considered to be an additional burden to the child.

As regards the Ministry of Justice, for instance, it has been decided in the work plan for 1994 that these cases should be given the highest priority. This includes identifying factors that constitute bottle-necks, slowing down the status determination process.

C)
The appointment of a provisional guardian for all unaccompanied minors. The unaccompanied minor shall always: have a provisional guardian or his/her lawyer present during the police interview.

D)
Specific provisions as regards examination of unaccompanied minors are given in the Immigration Regulations (see answer to question no. 14).

A guiding principle in asylum cases where children are accompanying their parents or other adults with parental responsibility is the principle of family unity. However, the Immigration Regulations explicitly states that the police must clearly establish whether any accompanying (spouse or) children under the age of 18 are applying for asylum. According to the same regulations, the general life situation of these children shall be elucidated during the examination of the parents. In this connection a conversation shall be conducted with children between the ages of 12 and 18, if this is deemed necessary by the police to shed light on the case.

In Guidelines directed at the police, the child's physical and mental state of health, former traumatic experiences and potential risks in the event of return from Norway to the country of origin are identified as areas of special interest. (In addition, see answer to question no. 14).

E)
There are reception centres especially for unaccompanied does in Norway. These centres have more staff than ordinary reception centres.

Rejected cases:
Provisions regarding departure.

The general rule is that asylum seekers who have had their applications rejected are ordered to leave the country within a preserved time limit (ordinarily 14 days). However, in cases concerning families with children who have stayed in the country during the ordinary asylum procedures, the police are instructed to consider a more generous time-frame.

As regards unaccompanied minors, the police are instructed to take into consideration the age of the child and to be particularly flexible when a time limit for voluntary departure is set. A person whose application has been rejected who does not comply with the order to leave the country voluntarily may be escorted out of the country by the police. In the case of an unaccompanied minor, the police shall notify the head of the reception centre at the latest at noon the day before that procedures for conducting the minor out of the country have begun.

b) As regards the substantive provisions:

The Norwegian Storting parliament has decided that immigration to Norway shall be limited and controlled. Exceptions are however made in the case of refugees.

Pursuant to the Immigration Act, asylum is granted to applicants who fulfil the criteria laid down in the 1951 Refugee Convention and the 1967 Protocol. When an application for asylum is turned down, the authorities are however, pursuant to the Act subsequently obliged to consider whether the applicant should be given a residence permit on grounds of weighty humanitarian considerations.

In cases concerning unaccompanied minors who are deemed not to be refugees in the sense of the 1951 Convention, the fact that the child does not have parents or other care-givers in the country of origin may be reason for granting a residence permit on humanitarian grounds in Norway.

Before a residence permit is granted, efforts will be made to trace relatives in order to repatriate the child.

As regards children who are accompanying their parents, the general rule is that the status of family members is derived from the head of the family/the asylum applicant. The priority of the authority of first instance is to decide whether or not an applicant is a refugee and in need of international protection as set out in the UN Convention. The children's welfare is always taken into consideration when the authorities decide whether the family should be given a residence permit or not. However, as a general rule only rather serious circumstances concerning the child can lead to a residence permit. For instance, the fact that the living conditions might he better in Norway than in the child's home country is not enough.

14. HOW HAVE THE METHODS OF INTERVIEWING CHILDREN IN THE ASYLUM PROCESS BEEN ADJUSTED TO GUARANTEE THE RIGHT OF THE CHILD TO EXPRESS HIS/HER VIEWS? WHAT SPECIFIC PROCEDURES HAVE BEEN ADOPTED TO ENSURE "A REASSURING ATMOSPHERE" FOR THE CHILD IN SUCH SITUATIONS (SEE PARA. 428 OF THE REPORT)?

According to the Immigration Regulations, an unaccompanied minor seeking asylum shall always have a Provisional guardian or attorney present during examination.

The examination of asylum seekers is carried out by policemen who have received special training in this field. Detailed guidelines for the police have been issued regarding the examination of unaccompanied minors.

The guidelines point out that unaccompanied minors are particularly vulnerable. The policeman conducting the interview is instructed to inform the child in advance about the examination. Furthermore, he is instructed to act particularly calmly at all times, to let the child speak freely as much as possible without interrupting or forcing the child to answer his questions, and to stop the examination if there are indications that the child is tired.

In addition to these measures, the Ministry of Justice and the Directorate of Immigration have arranged a seminar for policemen conducting examination of asylum seekers, including children. One of the lecturers is a reputable child psychologist.

As regards children who are accompanying their parents or other adults with parental responsibility, a conversation shall be conducted with children between 12 and 18 years of age if this is deemed necessary by the police to shed light on their life situation.

The guidelines referred to in the answer to question no. 13 are currently under review. According to Norwegian legislation (the Children Act), children who are 12 years old or more have an unconditional right to express their views in all cases regarding their personal affairs. New guidelines, instructing the police to explicitly inform these children of their right, and to conduct a conversation with the children if they so wish, will therefore be issued. The new guidelines will also include specific instructions to the police to ensure a reassuring atmosphere for the children during the conversation.

15. INFORMATION CONTAINED IN PARAGRAPH 122 OF THE REPORT INDICATED THAT THE ARRANGEMENT OF APPOINTING A MUNICIPAL OFFICER TO PROTECT THE INTEREST OF THE CHILD IN PLANNING AND DEVELOPMENT MATTERS HAS NOT FUNCTIONED SATISFACTORILY IN ALL MUNICIPALITIES, PLEASE PROVIDE DETAILS OF THE DIFFICULTIES ENCOUNTERED IN THIS REGARD.

The effectiveness of the practice of appointing a municipal officer to represent children's interests in planning and development matters varies considerably from one municipality to another. In some municipalities such officers have not been appointed or replaced. In most municipalities, however, officers have been appointed, but (according to a 1993 survey) 50 per cent of them attend the meetings sporadically if at all.

An assessment of the scheme which has already been made indicates the following reasons for non-appointment and non-attendance:

- a negative attitude on the part of the local authorities to nonpolitical participation in the Building Council;
- financial contributions were not made by the central government;
- the officers often have too many other responsibilities taking their time;
- many of the cases dealt with by the Building Council do not concern children in any way;
- formal attendance is sometimes deemed unnecessary due to informal contacts;
- appointment, in some cases, of officials who neither have nor are given the necessary qualifications

The results of the assessment referred to above will be used in the process of deciding what form the child representative scheme should take in the future.

Civil rights and freedoms

16. THERE APPEARS TO BE A DIFFERENTIATION MADE ON THE GROUNDS OF GENDER OF THE PARENT IN RELATION TO A CHILD'S ACQUISITION OF NATIONALITY (SEE PARAS 123 AND 124 OF THE REPORT) PARTICULARLY IN SITUATIONS WHERE THE CHILD IS BORN OUT OF WEDLOCK AND/OR ONE PARENT IS NON-NORWEGIAN. HAS THIS LEGISLATION BEEN RECENTLY REVIEWED TO ENSURE ITS CONFORMITY WITH ARTICLES OF THE CONVENTION, PARTICULARLY THE PROVISIONS OF ARTICLES 2, 3 AND 7?

The differentiation made on the grounds of gender in the Nationality Act is based on the assumption that a child born out of wedlock and whose parents do not subsequently marry has stronger ties to his/her mother than to his/her father, and that accordingly, as a general rule, he/she should and will acquire the same nationality as the mother.

There are no immediate plans to amend these provisions, but the authorities will reconsider their conformity with the Convention.

17. PLEASE PROVIDE FURTHER BACKGROUND INFORMATION WITH REGARD TO THE CONCLUSION THAT THERE IS NO CONTRADICTION BETWEEN THE CHILD'S RIGHTS TO KNOW HIS OR HER ORIGIN AND THE POLICY OF KEEPING THE IDENTIFY OF SPERM DONORS SECRET (PARA. 130 OF THE REPORT).

According to Article 7, first paragraph, of the Convention, the child's right to know his or her origin is limited by the phrase "as far as possible".

Since most of the sperm used for donation in Norway is imported from Denmark (under the control of the Board of Health), where the identity of sperm donors is also kept secret, it is not possible in practice to set up a register that would provide an opportunity for establishing the donor's identity in a particular case. Moreover, the majority of the Storting (parliament), when debating the Bill relating to artificial insemination, and subsequently, have considered that there would he very few donors if their identity were not kept secret. The authorities are of the opinion that a policy of identifying donors would therefore "Probably lead to an unregulated market for sperm donation, which would not afford children any more information about their biological fathers. On the other hand, such a situation would be likely to result in other problems, in particular health hazards due to the use of untested sperm.

18. WHAT STEPS ARE BEING TAKEN TO ASCERTAIN THAT STATELESS REFUGEE CHILDREN IN NORWAY ARE GRANTED THEIR RIGHT TO A NATIONALITY?

Norway is party to the 1954 Convention relating to the status of stateless persons, and the 1961 Convention on the reduction of statelessness. The principles of these conventions are of course taken into consideration in cases concerning Norwegian nationality.

The Norwegian Nationality Act is based on the principle of descent (jus sanguinis). Pursuant to section 6.1. of the Act, Norwegian nationality may, however, also be acquired upon application. The general requirements in this connection are that the alien must:

(1) be 18 years old or older,
(2) have resided in Norway during the last seven years.

Generally, parents include children in their own applications for Norwegian nationality. However, parents may also apply for Norwegian nationality on behalf of a minor child alone. Should an application for Norwegian nationality be presented on behalf of a stateless minor with refugee status in Norway, an exemption to the residence and/or age requirement can be made, due to weighty humanitarian considerations in the individual case. However, it is a prerequisite that both children and parents have legal residence permits without restrictions in the country.

The formal acceptance of both parents is required before Norwegian nationality is granted to minor children. Where one parent claims to have the custody of the child alone, this must be documented.

19. WHAT WERE THE MAIN POINTS COVERED IN THE REPORT ABOUT THE PROTECTION OF THE CHILD IN MEDIA POLICY WHICH WAS PRESENTED TO THE STORTING IN 1993? (PARA. 147 OF THE REPORT)

The Main points concerning the protection of children in the white paper on media policy presented to the Storting in 1993 were the
following:

- TV commercials should not be transmitted within a span of ten minutes before and after children's programmes;

- A review of the existing rules for the admission of minors to cinema performances;

- The launching of a campaign to combat violence in film and television;

- A review of existing rules as to who should consent to the publishing of identifiable pictures of children in the media -the child itself, the parents or both;

- Increased grants for import and dubbing of quality films for children.

Family environment and alternative care

20. IS THE RIGHT OF THE CHILD TO MAINTAIN CONTACT WITH BOTH PARENTS A FACTOR TAKEN INTO ACCOUNT IN REFUGEE POLICY, INCLUDING IN CASES WHERE THE PARENTS ARE DIVORCED OR UNMARRIED?

According to the Children Act, the child is entitled to maintain contact with both of the parents.

The Immigration Act and the Immigration Regulations take into consideration that the child's right to maintain contact with a foreign father or mother is a relevant factor when the authorities decide whether a residence permit or visa should be granted or not.

A residence permit may be granted, inter alia, on the grounds of "weighty humanitarian considerations", or when a foreign national has "a particular connection" with Norway. When the authorities consider whether a residence permit should be granted on these grounds, the applicant's actual contact with the child will be a relevant factor.

The regulations are particularly clear as regards renewal of residence permits granted on the basis of marriage or cohabitation. In these cases, it is a condition that the marriage or cohabitation subsists and that the parties still live together. However, an applicant who does not satisfy these conditions and who is the mother/father of a child under the age of 18 in the realm may nevertheless be granted a residence permit when the person concerned has the right of access to the child and exercises this right. As regards this last condition, the contact between the child and the parent in question will have to be of a regular and frequent character in order to be taken into consideration.

21. HAS ANY RECENT EVALUATION BEEN UNDERTAKEN OF THE IMPACT OF PARENTAL GUIDANCE AND COUNSELLING PROGRAMMES? DO THESE PROGRAMMES REACH THE PARENTS MOST IN NEED OF SUCH ADVICE?

No recent evaluation has been made of the impact of parental guidance and counselling programmes.

However, a number of projects have been funded for advising parents on the basis of observed interaction between parents and children. Some of these projects were carried out in child care institutions. other projects designed to help parents to fulfil their role have been started.

Most of the projects are designed to be carried out at mother and child health stations, which are attended by 90 per cent of parents and staffed by qualified personnel who are able to identify parents especially in need of help.

The Ministries of Children and Family Affairs and Health and Social Affairs are about to initiate a Parental Guidance Project. The project has two aims: 1) to disseminate information about and encourage the use of child-parent interaction methods, and 2) to advise the local authorities in the fields of child welfare, kindergartens, health, social welfare and cultural affairs.

22. WHAT PROCEDURES EXIST TO COVER THOSE SITUATIONS WHERE THERE MIGHT BE A CONFLICT BETWEEN THE CHILD'S RIGHT TO MAINTAIN CONTACT WITH BOTH PARENTS AND THE NEED TO PROTECT THE CHILD FROM THE DANGER OF ABUSE?

The general rule, according to section 44.1 of -the Children's Act, is that a child is entitled to contact with both of its parents, even if the parents do not live together. However, in cases where there is a danger of a child being abused when in contact with its mother or father, the County Governor or the courts may stipulate conditions for such contact. One such condition could be that parent and child contact is supervised by a third person. The above authorities may also decide to deny a parent the right to spend time with the child.

In principle, children in alternative care are also entitled to contact with their parents. The County Social Welfare Board may decide, however, that the child's interests require that such contact should only take place under the supervision of a third person, or that it should not take place at all.

As an alternative to spending time together, contact with a parent may be maintained through letters or telephone calls. Even in serious cases, where the County Social Welfare Board has denied one or both of the parents the right to know the child's whereabouts, letters and parcels may be forwarded through the child welfare authorities.

23. PLEASE INDICATE WHETHER A REPORT HAS YET BEEN PREPARED ON THE THREE-YEAR NATIONAL DEVELOPMENT PROGRAMME UNDER WHICH SPECIAL PRIORITY WAS GIVEN TO CHILD WELFARE SERVICES. WHAT PLANS ARE FORESEEN FOR THE CONTINUATION OF THIS TYPE OF PROGRAMME?

A three-year National Child Welfare Services Development Programme (1991-93) has now been concluded. The objectives of the programme were for the most part realized, and the child welfare services in Norway are better equipped than ever before. Capacity has been increased in terms of both assistance measures and care measures, and most children receive the necessary assistance at the right time. An increasing number of children and adolescents are receiving assistance while living at home with their biological parents, which is a favourable trend. Today, 15,800 children and families are receiving such assistance. 5,900 children and families are subject to public care measures, and between 80 and 90 per cent of them live in foster homes.

Under the programme, importance was attached to improving expertise and introducing good working routines for dealing with child welfare cases. Close cooperation has been developed between various sectors and agencies/institutions for children, adolescents and families. Today there is well developed, systematic cooperation between the child welfare services, health centres, schools and child-care institutions in two of the municipalities in Norway. In many municipalities, voluntary organizations have also become involved. The development of the child welfare services will he followed up by means of quarterly reports from the counties and municipalities. This will enable the central government authorities to implement any measures needed to ensure continued progress in this sector.

24. HAS AN OVERALL AND SYSTEMATIC EVALUATION BEEN UNDERTAKEN OF NORWAY'S EXPERIENCE AS REGARDS INTERNATIONAL ADOPTIONS? IF THE ANSWER IS YES, PLEASE PROVIDE DETAILS OF THE SALIENT POINTS OF THIS EVALUATION.

No comprehensive evaluation of Norway's experience as regards international adoptions has been made. However, surveys have been made in respect of particular aspects of such adoptions, and the authorities will encourage further research in this field through the Norwegian Research Council's newly started 5-year research programme on children, adolescents and families.

In 1992 one of the adoption societies, together with the Diaconia College Centre (Diakonhjemmets hoyskolesenter) initiated a research project on children adopted abroad. The project is divided into two parts, one dealing with children's participation in organized social activities, and the other charting and analysing the lives and living conditions of such children. The study comprises all children who have been adopted through the organization and who were aged 8-11 years or 17-24 years in the autumn of 1992. The title of the Project is "A Second Chance - International Adoptions in Norway", and the findings will he presented at the adoption conference in New Delhi in March 1994. The findings are not yet made public.

25. PLEASE PROVIDE DETAILS OF THE MAIN FEATURES OF THE REPORT ON THE ISSUE OF SEXUAL ABUSE OF CHILDREN. WHAT MEASURE WERE TAKEN AS A CONSEQUENCE OF THE REPORT'S PRESENTATION TO OTHER STORTING? (PARA 249 OF THE REPORT.)

The main points of Report No. 53 (1992-93) to the Storting on the sexual abuse of children are as follows.

The report deals with the following areas:

- existing knowledge about sexual abuse of children;
- formal aspects of the problem, including legal aspects;
- division of responsibility between the various sectors involved;
- overview of existing measures at central, regional and local levels, including the Government's plan of action for combating sexual abuse of children, specialized training of personnel, research projects, and publication of guidelines for persons working on the sexual abuse of children;
- other countries' experiences;
- problems associated with existing measures;
- proposals for improving and intensifying efforts to help the children affected.

The following are among the measures proposed in the report:

i) The establishment of a national resource centre at one of the country's largest hospitals, which should keep up-to-date on international developments, and offer expert advice on the medical examination of children who have possibly been sexually abused.

ii) The Government wishes to improve the investigative capacity of the police by appointing specialists at central and regional level to assist local police forces in particularly difficult cases.

iii) Guidelines will be drafted as to the qualification requirement for expert witnesses consulted in cases of abuse, and the Government will support a scheme for the registration and training of experts witnesses in such matters.

iv) The Government intends to lay down stricter qualification requirements for persons who take statements from children in cases of suspected sexual abuse, and to prepare guidelines concerning questioning of children by a judge in such cases.

v) The Government wishes to examine the possibility of implementing measures concerning the appointment of persons to jobs involving children. The purpose is to protect children against abuse by persons who have previously been convicted of such crimes.

vi) The Government is considering the establishment of guidelines for cross-sectoral cooperation at municipal level.

vii) There is a need for special training for foster families who care for children who have been sexually abused. The government intends to provide support for the follow-up of foster homes by the health and welfare services.

The report was submitted to the Starting on 6 August 1993. The Storting has not yet dealt with it, so it is too early to say which of the proposed measures will be approved and implemented.

26. PLEASE PROVIDE CLARIFICATION AS TO THE TYPE OF INSTITUTION BEING PLANNED TO "TAKE CARE OF CHILDREN AND ADOLESCENTS WHO CANNOT BE HELD IN NORMAL HOMES AND NEED SPECIAL EDUCATION AND PSYCHOLOGICAL FOLLOW-UP", WHICH IS REFERRED TO AS A "SECURED INSTITUTION" IN PARA. 257 OF THE REPORT.

The "secured institution" mentioned in paragraph 257 of the report is being planned by the child welfare service in Oslo. It is intended for children and adolescents who will be admitted without their consent, pursuant to section 4-24 of the Child Welfare Act. The institution will care for children who have committed serious or repeated crimes, who show evidence of persistent abuse of drugs or other substances, or who have other serious behavioural problems. During their stay in the institution, the children may only leave the grounds by special permission, either alone or accompanied by a member of the staff.

The institution is intended to provide long-term treatment. Admission is decided by the County Social Welfare Board (cf. paragraphs 202, 209 and 210 of the Report). The duration of their stay may be up to 24 months, and the decision to keep the child there will be reviewed every six months. The child welfare service follows up the child during its stay, and the County Governor is responsible for ensuring that the institution is run in accordance with the Child Welfare Act, appurtenant regulations and the adopted plans. A supervisory committee will be required to make eight visits a year, twice as many as required for other institutions for children and adolescents.

The institution in Oslo will be located in a large villa in pleasant surroundings, which has previously been used for similar purposes. When it opens this summer, it will have six places for children or adolescents, and 25 emphasis, including teachers, psychologists and family counsellors.

Basic health and welfare

27. IN RICHER COUNTRIES ATTITUDES AND POLICIES TOWARDS CHILDREN WITH DISABILITIES SOMETIMES TEND TO FOCUS ON THE PROVISION OF TECHNICAL AIDS AND NEGLECT TO ADDRESS THE EMOTIONAL, INTELLECTUAL AND SOCIAL NEEDS OF THESE CHILDREN. PLEASE INDICATE WHETHER THIS PROBLEM HAS BEEN FOCUSED UPON IN NORWAY, AND IF SO, WHAT CONCLUSIONS HAVE BEEN DRAWN FROM SUCH DISCUSSIONS?

This problem has been focused on in the Norwegian Government Plan of Action for the Disabled 1994-1997. The Ministry of Health and Social Affairs has accordingly initiated projects which in different ways will add to the knowledge of these matters and suggest ways of carrying out preventive work so as to reduce the psycho-social problems of children and adolescents with disabilities and their families. There is for instance no systematized information today on how children react to living with a disability.

In Norway, children with disabilities are given priority. Thus they can stay in normal kindergartens, and nearly 100 per cent of all disabled children of primary school age are now given individually adapted teaching in their local schools. With effect from 1994 onwards, all those who have completed nine years of primary school or equivalent schooling, will be entitled to three years of full-time secondary education. Pupils who, in the opinion of experts, are in need of further specially adapted instruction and capable of benefiting from it may continue for up to a maximum of five years or until they reach the age of 22.

At the municipal and county levels psychological/pedagogical counselling is organized as part of the educational system, covering the age groups from 0-20 (22) years.

28. WHAT FACILITIES EXIST IN THE FIELD OF THE MENTAL AND PSYCHOLOGICAL HEALTH OF CHILDREN?

In 1992 there were 301 beds for children between the age of 0-17 years in 32 institutions. 90 per cent of the institutions had less than 15 beds, the average being 9-4 beds per institution. This represents 2.9 beds per 10,000 inhabitants between 0 and 17 years of age. The number of beds increased by 4 per cent compared with 1991.

In 1992 1,673 FTE's (full time equivalent hospital personnel) were utilised in child and adolescent psychiatry, an increase of 4.2 per cent compared with 1991.

The county councils' gross expenditure for psychiatric services in 1992 was NOK 5.3 billion, an increase of 1 3/4 per cent from 1991. Child and adolescent psychiatric services experienced a real growth rate of 5 per cent, while adult psychiatry had a growth rate of 1.5 per cent. The county councils finance 90 per cent of the expenditures.

In 1992 the county councils spent NOK 1,100 per capita on psychiatric services, NOK 1,006 went to adult psychiatry and NOK 94 to child and adolescent psychiatry.

29. ARE MORE RECENT FIGURES AVAILABLE ON THE INCIDENT OF SUICIDE AMONG TEENAGERS? IN CONNECTION WITH THIS ISSUE, PLEASE INDICATED WHETHER IT HAS BEEN POSSIBLE TO IMPLEMENT THE PREVENTATIVE PLAN DRAWN UP BY THE DIRECTORATE OF HEALTH?

Figures from 1992 on the incidence of suicide among teenagers:

<15: 4 boy and 1 girl
15-19: 27 boys and 8 girls
20-24: 64 boys and 8 girls

The preventative plan drawn up by the Norwegian Board of Health (until 1994 called the Directorate of Health) covers a period of five years, starting in 1994. The funds will be used for education and training of personnel at municipal and county level. The goal is to train personnel with in the health and social services in the municipalities and to prove cooperation with specialists in the health services, schools, children institutions, prisons and parents. Efforts will be made to establish regional centres.

Education, leisure and cultural activities

30. HAS ANY SYSTEMATIC EVALUATION BEEN UNDERTAKEN OF THE EFFECTS ON CHILDREN OF REDUCED BUDGETS TO THE SCHOOL SECTOR? WHAT MEASURE HAVE BEEN TAKEN TO PROTECT DISADVANTAGED CHILDREN FROM THE HARMFUL EFFECTS OF SUCH BUDGETS CUTS?

On the whole the resource input in Norwegian schools measured as pupil per teacher ratio increased during the 1980s and has been stable during the 1990s. There are local variations because of demographical and geographical differences. A study conducted by Professor Rune Sorensen of the Institute of Business Administration shows that local differences in the education sector are less compared with other sectors.

The Ministry of Church, Education and Research intends to establish systems to evaluate the qualitative and quantitative results in Norwegian schools. The connection between the resource input and the results will be evaluated.

All children have a legal right to adapted education. The Education Act states that children who on the basis of an assessment by experts need special help and education have a right to special teaching. Each municipality is responsible for ensuring that all children receive schooling suited to their needs and abilities.

31. TO WHAT EXTENT HAS THE CONVENTION BEEN MADE PART OF THE SCHOOL CURRICULA?

The Norwegian curriculum outlines the aims, goals and objectives of education. It gives freedom to choose within a framework. One area of study in civics is peace and international understanding. In this context teachers and teaching materials frequently present the Convention even if it is not mentioned in the curriculum guidelines.

Special protection measures

32. PLEASE DESCRIBE THE MEASURES TAKEN TO ENSURE THAT THE SITUATION IN REFUGEE CENTRES ARE CHILD AND FAMILY FRIENDLY, ESPECIALLY AS REGARD FACILITIES FOR SUITABLE LEISURE AND PLAN ACTIVITIES.

The Directorate of Immigration has drawn up a set of rules for the management of state reception centres, by which the heads of such centres are bound. According to rule 6.1, the head of the centre is responsible for providing the children at the centre with plan facilities. He/she is further obliged to arrange activities for the residents. According to rule 5.4, the Child Welfare Act also applies to reception centres, which means that the municipal health and social welfare board is responsible for supervising the conditions for children staying there.

The following are examples of measures taken to ensure that the situation in refugee centers are child and family friendly, especially as regards facilities for suitable leisure and play activities:

- "Kindergarten", nursery and/or playrooms to stimulate children's developmental needs in a safe environment. Some refugee centres encourage participation of the parents in the activities.

- Playgrounds with apparatus such as swings, see-saws, sandboxes etc.

- Organized outdoor activities and tours for children and their families: excursions to or picnics in the woods, barks, farms, the seashore, museums etc., sports activities such as skiing, sledging, swimming, fishing, boat trips, hiking etc.

- Celebration of special occasions such as Christmas, New Year, birthdays and national holidays. Arrangement of festivals or cultural gatherings.

- Recreation rooms with table tennis and billiard tables, different games, TV/video, and with possibilities to engage in various artistic activities such as weaving, drawing, painting, wood-work, knitting, baking, etc. Some refugee centers arrange courses in playing musical instruments, dancing, choir singing etc.

- Cooperation with municipal culture offices, as well as with various private organizations.

- Gatherings with Norwegian families.

The Directorate of Immigration is preparing a report on the situation of children and adolescents at refugee centres, and all will use the report as a basis for the development of detailed material concerning suitable leisure and play activities.

33. HAS AN EVALUATION BEEN UNDERTAKEN REGARDING THE FUNCTIONING OF THE SYSTEM OF APPOINTED CUSTODIANS FOR UNACCOMPANIED REFUGEE MINORS? IF SO, PLEASE PROVIDE DETAILS OF THAT EXPERIENCE AND ANY LESSONS LEARNED.

In July 1989 the Norwegian Government presented a programme of action concerning unaccompanied minor refugees. As a part of this programme, the ministry of Justice on 11 January 1991 sent out a circular concerning guardianship for minor refugees. It states inter alia that the Norwegian Guardianship Act, dated 22 April 1927, shall apply to unaccompanied minor refugees even though a residence pet has not been granted. This circular deals with various questions on appointment of guardians for such minors.

However, a need for guidelines concerning the powers and duties of the guardians was identified. The Ministry of Justice therefore appointed a working party to draw up such guidelines.

The Ministry of Justice has, however, from time to time received information from the reception centres regarding these matters. Questions regarding these children are dealt with by a government working party.

It is assumed that the powers and duties of the guardians may from time to time indistinct related to the other parties involved in the future as well. Additional regulations will therefore be issued. The Norwegian authorities will continue their efforts to improve the conditions of unaccompanied minor refugees and their guardians.

34. WHAT MEASURES HAVE BEEN TAKEN TO AVOID ASYLUM-SEEKING CHILDREN BEING KEPT IN CUSTODY WHILE THEY AWAIT DEPORTATION? IN THIS CONNECTION, WHAT RULES, REGULATIONS OR GUIDELINES EXIST TO ENSURE THAT DETENTION IS USED ONLY AS A MEASURE OF LAST RESORT AND FOR THE SHORTEST APPROPRIATE PERIOD TIME, AS PROVIDED FOR AN ARTICLE 37 (B) OF THE CONVENTION? WHAT MECHANISMS EXIST TO MONITOR SUCH DETENTION, IF IT EXISTS? WHAT ALTERNATIVE SOLUTIONS HAVE BEEN DEVELOPED TO AVOID THE USE OF DETENTION IN SUCH CIRCUMSTANCES?

Asylum seekers who have had their applications rejected are to leave the country. A reasonable time-limit for voluntary departure is set.

However, if the rejectee refuses to comply with the order to leave the country voluntarily, the police.

35. DOES THE GOVERNMENT PLAN TO ADJUST OR MODIFY THE STATUS DETERMINATION PROCEDURES VIS-A-VIS ASYLUM-SEEKING CHILDREN? DO THESE PROCEDURES MAKE USE OF ANY SPECIAL MECHANISMS TO CARE FOR THE PSYCHO-SOCIAL NEEDS OF THE CHILD? HAS THE GOVERNMENT SOUGHT ADVICE FROM THE UNHCR IN THIS REGARD?

As has been previously mentioned (see answer to questions no. 13 and 14), special procedures have been adopted and are being developed further as regards the police's examining of unaccompanied minors and conducting of conversation with children who are twelve years old or more.

In 1988, the UNHCR published a set of guidelines for interviewing unaccompanied minors and preparing social histories. When the Norwegian guidelines regarding the examination of unaccompanied minors were prepared, emphasis was put on the UNHCR's recommendations.

The UNHCR was also among the bodies that were asked to comment on the Immigration Act and the Immigration Regulations when these were being prepared. The Norwegian Government sees it as essential to keep a close dialogue with the Office and great importance is attached to the UNHCR's policy, recommendations and guidelines.

As regards other measures to take care of the special needs of asylum seeking children, please see answers inter alia to questions no. 13, 14 and 32.

36. PLEASE PROVIDE INFORMATION ON THE FUNCTIONING OF PROGRAMMES DEVELOPED AS AN ALTERNATIVE TO IMPRISONMENT OF JUVENILE OFFENDERS.

In this connection the following measures should be mentioned:

a) Waiver of prosecution
(Criminal Procedure Act section 69)
Even though there is a presumption of guilt, the Public Prosecutor may decide not to proceed with prosecution. In such cases it may be decided to impose the basic condition that no further offences must be committed within a period of two years. Secondary conditions may also be applied, e.g. -supervision (probation), decisions regarding employment, schooling, residence, association with others, or decisions regarding disposal of income etc., prohibition of the use of alcohol or other intoxicating substances, or treatment for intoxicant abuse or psychiatric treatment. These and other conditions are specified in the Act in the form of examples. Other conditions may be imposed. In the case of a waiver of prosecution where the consent of the offender is necessary, his agreement to such conditions is implicit. When supervision is a condition then the Probation Service will in almost all cases be responsible. Otherwise passive control - that is without active supervision - will be exercised by the Prosecuting Authority.

b) Municipal Mediation Board.
The Act of 15 March 1991 relating to the Mediation Board. This is an alternative to prosecution and is a reaction administered outside the judicial system. In less serious offences, a case may be referred by the Prosecuting Authority to a Mediation Board administered by the municipality. The mediator shall assist the parties in coming to a mutually acceptable agreement regarding compensation, etc. If the offender fulfils his obligations, the Mediation Board reports to the Prosecuting Authority that -mediation was successful. In that case, no prosecution will follow and the offender will not have his transgression recorded in a criminal record. A precondition for referral is that both offender and offended agree to this arrangement.

There is no age limit - neither upper nor lower - but this reaction is primarily aimed at young persons, the majority falling into the age group 15-18 years.

The boards are administered by local authorities who may themselves assume the role of mediator, or they may engage suitably qualified persons in individual cases.

In a typical case the offender will work for the aggrieved party to repair damage done or work an equivalent number of hours as compensation. The Mediation Board as a conflict-solving organ does not need to continue itself to infringements of the law and may accept such tasks as disputes between neighbours.

c) The Probation Service
The aim of the Probation Service is the execution of penal sanctions (community sanctions) without further crimes or breaches of orders being committed within the duration of the sentence.

Organization
The Probation Service is administered directly by the Ministry of Justice, the Prison and Probation Department. There is a office in each county and most counties have one or more district offices. In Oslo there are three units with the status of main office. Thus there are a total of 21 main offices and 24 district offices. At present the Service administers 3 probation hostels with a total of 42 places.

There are a total of 224 positions within the Service of which 45 (20 per cent) are office or ancillary staff.

Each main office is led by a Chief Probation officer who is directly, and solely, accountable to the Ministry. The CPO is responsible for the administrative and professional standard of the unit.

Tasks
The primary tasks of the Service are as follows:
- The preparation of social in reports.
- Supervision of offenders subject to:
* Suspended sentence supervision orders
* Security sentence supervision orders
* Parole
* Waiver of prosecution supervision
- Community Service Orders
- Social welfare duties in prison.

The duties of supervision considerably according to the type of order, the offence, the needs of the client and the needs of the general public. For example, a security sentence is usually only imposed for serious crimes such as homicide, grievous bodily harm, rape, arson etc., and where there is seen to be a serious risk of a new offence. In such cases, intensive supervision will be the now with the accent on control.

At the other extreme are Community Service Orders. Although subject to control, this control may be exercised by persons engaged specifically for this purpose. In such circumstances the offender may have little or no contact with the Probation Service while serving his sentence.

A third variation is Supervision Programmes. These may either be included in the sentence or simply offered to the client as part of the supervision agreement. This form of supervision is defined as a structured, time-limited programme where the content of supervision will be specified in the form of a mutual agreement. Such programmes may cover part or the whole of the supervision period. The content may include such tasks as participation in a drunken-driving course or medical/psychiatric treatment, school attendance, etc.
Cooperation
The Probation Service cooperates at the local level with a number of other bodies, e.g. educational and employment authorities, social services, etc. It has been found necessary to make special arrangements for probationers and many released prisoners if they are to benefit from educational programmes. The Probation Service has achieved positive results with learning groups within the framework of supervision programmes.

Of 3,137 persons under supervision in 1992, 7 per cent were under 18 years of age and 18 per cent between 18 and 20 years.

Workload (based on annual statistics for 1992)

A total of 2,148 social in reports. At any given time there were: 1842 supervision orders divided into the following categories:

- 37.8 per cent suspended sentence supervision
- 10.6 per cent security sentence supervision
- 29 per cent parole
- 0.3 per cent waiver of prosecution
- 22.2 per cent Community service orders
25 per cent of all clients were under the age of 21 years.

The total capacity of all prisons is 2 656. The larger national prisons employ their own prison welfare officers, but the majority are served by the Probation Service.

Finances
The total gross budget of the Probation Office for 1993 was NOK 79 000 000. The total budget for the Prison and Probation Department is broken down as follows: 7.2 per cent is allocated to probation and 92.8 per cent to prisons.

37. WHAT INITIATIVES HAVE BEEN TAKEN TO OBTAIN RELIABLE INFORMATION ABOUT SEXUAL OFFENCES AGAINST CHILDREN COMMITTED BY NORWEGIAN CITIZENS ABROAD, INCLUDE THROUGH COOPERATION WITH INTERPOL? (PARA. 458)

The Norwegian police give high priority to combating crimes against children, including crimes committed against foreign children abroad, and works to improve police efforts in this respect, nationally and internationally. Through regular Interpol channels, the Norwegian police frequently receive information and answer inquiries about Norwegian residents suspected of having committed sexual offences against children abroad. National and local police registers are checked and as far as possible local police forces are asked to do background checks on the persons in question. Furthermore, through Interpol's Standing Working Party on Crimes against Children, where Norway holds the presidency, Norway supports initiatives to improve the flow of police information between countries in this field, for instance by establishing liaisons networks and liaison officers in the countries in question.

The Norwegian police have investigated only a few cases where Norwegian residents have been suspected of crimes against children abroad. The Norwegian Penal Code is applicable to sexual offences committed against children abroad by Norwegian residents, and prohibits the possession of child pornography. In 1992 the Supreme Court convicted three Norwegian men of sexual offences against children in Thailand and the Philippines. Thus, the legal framework in Norway is relevant and up-to-date concerning sexual abuse cases.

Norway has also previously been active in the establishment of and participation in international cooperation in this field. In 1986, the Norwegian Minister of Justice took the initiative to establish international cooperation against the abuse of children in pornography and prostitution. One of the declared purposes was to collect information on such abuse in various countries and to establish cooperation to combat such activities. A report and a film on traffic in children, and the use of children in pornography and prostitution, were made in this connection. This film was made available in several countries and an international conference on the subject was arranged in Oslo in 1988.

The Save the Children Fund in Norway, which is deeply committed to the fight against sexual abuse, has established a special centre to combat sexual abuse in Norway.

The organization is also involved in work on such questions as how to prevent the sexual abuse of children in developing countries, what active measures/steps can we take to prevent the sexual abuse of children in developing countries. It can also be mentioned that this organization has recently uncovered sexual abuse of children in Africa (Mozambique) committed by UN soldiers, and has made a report on this matter.

�1996-2001
Office of the United Nations High Commissioner for Human Rights
Geneva, Switzerland