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Supreme Court judgments where ICCPR Article 27 is a factor, largely follow the practice of the Human Rights Committee. The Fosen judgment, from October 2021, constitutes the most thorough interpretation and application of Article 27 in Norwegian law to date. The judgment is based on previous Supreme Court decisions, but also provides a number of […]

Article 27 of the UN Convention on Civil and Political Rights (ICCPR) is the most important provision on the protection of indigenous peoples’ cultural practices. Other provisions in the ICCPR, as well as provisions in ILO 169 and ICERD, are also important for this protection. 3.1 Introduction Several human rights conventions have provisions that are […]

Through the Human Rights Act, the Equality and Anti-Discrimination Act and the Finnmark Act, several of the key human rights provisions concerning the protection of indigenous peoples’ rights have been made directly applicable in Norwegian law. 2.1 Incorporation of human rights into Norwegian law Human rights conventions, as with other conventions or treaties, are legally […]

The subject of this report is the legal protection of indigenous peoples and minorities against interference (in the form of for example development projects) in their traditional areas, as enshrined in international human rights law and Norwegian law. While existing legal protection is not always strong enough to prevent traditional Sami areas in Norway from […]

The report draws up a broad legal picture, which shows how the international provisions are interpreted in international human rights bodies, in Norwegian courts and in the Norwegian public administration.