C. Reticencias por parte de los justiciables
2. MARCO LEGAL DE LA MEDIACIÓN
2.2 ÁMBITO ESTATAL
2.2.9 Proyecto de Real Decreto por el que se desarrollan determi-
There are patient organizations for the different groups of intersex-conditions, but there is no intersex movement as such in Norway.30 The medical field of intersex-conditions in Norway is divided between genital anamolies (atypical reproductive anatomies) and disorders of sex development (Turner’s syndrome and Klinefelter syndrome). About 11 children are born each year with atypical reproductive anatomies, about 12 girls with Turner’s syndrome, and an unknown number of boys with Klinefelter syndrome (underdiagnosed). Issues regarding intimate
29
“Transgenders want out of homoplan”. In Blikk, October 8, 2007. http://www.blikk.no/nyheter/sak.html?kat=1&id=9259
30
The Turner Syndrome Association, http://www.turnersyndrom.no/hoved.htm; The Klinefelter Association, http://klinefelter.no/; The Association for genital Anamolies
citizenship have only to a marginal extent been raised by the transsexual movement and the other sexual identity movements (apart from the lesbian/gay movement).
Appendices Norway
Appendix 1: Intimate Citizenship, the Women’s Movement
and Other Movements for Gender and Sexual Equality and
Change in Norway - Timeline
1853
Jews were allowed entrance to the country (The poet and activist Henrik Wergeland has been given the main credit for this).
1884
The first Norwegian feminist organization was founded in Oslo and called Norsk kvinnesaksforening.
1886-1907
“The homosexual man arrives Norway” (Jordåen 2003) The homosexual man is starting to be distinguished as someone “other”. Law and medicine were the main agents in this process. One well known homosexual professor of Law (Ebbe Hertzberg) tried to push the views of Ulrichs and Hirschfeld into the debates going on in closed academic (mostly medical) circles.
1888
Married women receives full legal capacity
1895
Introduction of the Norwegian Accident Insurance for Factory Workers
1897
1898
Universal suffrage for men
1905
Norway becomes an independent nation and the royal family was reintroduced after 100 years under Swedish government and 400 years under the Danish government. The Norwegian constitution was, however, sanctioned May 17, 1814 (based on the French and US constitution). A massive nation building process took place on many cultural and political levels.
1907-1932
Parallell discourses on homosexuals and sodomites (Jordåen 2003). The old ambiguous figure “the sodomite” existed paralelly with the scientific figure “the homosexual”. Law, medicine, the police were the main actors.
1909
It becomes legal to file for divorce
1913
Universal suffrage for women and men. The bourgeois women’s movements and their supporters were the main actors.
1915
The Norwegian Housewife Association founded (Hjemmenes vel, senere Norsk Husmorforbund, senere Norges Kvinne- og familieforbund )
New law making children born in and out of wedlock equal in regard to inheritance/fathers name. The law also ordered fathers to pay alimony to their children born out of wedlock (De Castbergske barnelover). This law was met by strong opposition from parts of the bourgeois womens movement.
1927
New law on married couples and their economy states that the spouses are responsible for supporting each other economically, that housework should be seen as an equal contribution to paid work and that each spouse keeps the right of disposition over the values s/he brought into the marriage.
1928
It becomes legal to inform about contraception
1932-1950
The homosexual breakthrough in Norway (Jordåen 2003). The issue of sexuality was taken outside closed circles, and was becoming a part of the public in a new way. The actors were mainly: law, medicine, sexual (socialist) liberationists, the “homophile” movement, media, literature.
1934
A new law on sterilisation sanctioned. It gave the state the right to sterilize selected inhabitants for social and eugenistic reasons. Social reasons were directed towards people who by their own work were not able to support themselves and their offspring. The eugenist reasons were directed towards people with “a deviant condition of the soul or major physical flaws which might be reproduced in offspring” [En sykelig sjelstilstand eller en betydelig legemlig mangel ville bli overført på avkom].
1936
Introduction of sickness benefits, old-age benefits
1937
The Labour party (AP) and the United Unions (LO) passed bills stating that the right to work should be equal between men and women, and independent of their marital status
1938
Introduction of the Unemployment Insurance Act
1946
Family allowance is introduced
1947
Extended Act on Unemploymenet Insurance (also including workers in e.g. agriculture, mining, fishery and forestry; housemaids were still not included) (Hagemann 2006).
1950
A Norwegian branch of the Scandinavian organisation for homosexuals was founded. Name: Det Norske forbundet av 1948/DNF48.
1951
The concept “homofil” was introduced in Norway. DNF’48 published the first Norwegian pamphlet about homosexuality. Here they also introduced the concept homofil, a concept based in the American liberation movements of the 1940s and 1950s. Norway is probably the only country still using it as the central concept for same-sex sexuality (Jordåen 2003:91). According to the dictionary Riksmålsordboken it was first used in a Norwegian newspaper in 1965 (Mgbl. 1965/14/10/2)
1954
The national meeting of bishops (in the (state) Church of Norway) warned against homosexuality: “we are here facing a societal threat of enormous dimensions. It is well known that homosexuality has reached terrible proportions in many countries” (Jordåen 2003:92)
1956
Jesuits were allowed to enter Norway. This law-change came about when Norway wanted to ratify The European Convention of Human Rights. The prohibition was an old sleeping paragraph from the 1900s.
1957
A special interest organisation for singles was founded: Ensliges Landsforbund. Their main task was to improve the problematic housing-conditions for singles during the post-war housing shortage.
1960
Introduction of disability benefits
1964
Introduction of benefits for widows and single mothers
1967
Earlier introduced social benefits were amalgamated into the National Insurance Scheme [Folketrygden]. All Norwegian citizens and individuals working in Norway are automatically qualified for membership of the Norwegian National Insurance Scheme, a government insurance scheme entitling members to pensions (e.g. old age, survivors, disability) as well as benefits in connection with industrial accidents, accidents and illness, pregnancy, birth, single parent families and funerals. Together with the insurance schemes for family allowance and the cash benefit to parents of young children (kontantstøtte), the National Insurance Scheme comprises the most important general insurance scheme in Norway. Payments from the scheme are determined by the income you have earned. Those without an income get the minimum rate.
The contraceptive pill is introduced in Norway.
1970
Nyfeministene (the new feminists) starts their first groups
1971
“The women’s coup”. An organised and successful action, cumulating women into positions in local politics
1972
The Womens Action against EEC is established (Kvinneaksjonen mot EF)
It is no longer illegal to live together without being married (the “concubinage paragraph” is removed)
Kvinnefronten (the women’s front) is established
AKP m-l [The Workers Communist Party the Marxist-Leninists) was founded
Likestillingsrådet opprettes
Male homosexuality is decriminalized
1973
The government demands equal gender representation in ministries and organizations
The International Women’s Day, March 8, is reintroduced (also celebrated in the 1920-1930s) has its breakthrough in Norway
The feminist journal Sirene is established, and becomes an immediate success.
1974
Many socialist women broke out of the AKP m-l dominated Kvinnefronten “Get rid of feminism” campaign in Kvinnefronten (Haukaa 1982:116) 5 % of all children are born out of wedlock
Girls and boys become equal in regard to allodium
1975
The official UN’s year for women
The feminist movie «Hustruer» by director Anja Breien is finished The relay race ”Holmenkollstafetten” is opened up to women
Lesbisk Bevegelse [The Lesbian Movement] is established in Oslo
The organisation Brød og Roser [Bread and roses] is established The journal Kjerringråd is established
44 % of married women are now in paid labour Punishment for illegal abortions is removed
The central committee of AKP (m-l) announced that “The Workers Communist Party AKP (m-l) sees homosexuality (homofili) as sexual deviance rooted in societal and social conditions”. They supported the methods used to “remove” homosexuality in socialist states, and expected it to be gone in Norway as well after the revolution (Øgrim & Sjølie 2006).
The so-called “Immigration-stop” is introduced
1976
Women are allowed to participate in the ski race Birkebeinerrennet Women’s soccer becomes a part of the National Soccer organization
1977
Introduction of paid maternity leave for 18 weeks Every person over 25 years get the right to be sterilized
1978
It is opened for abortion by own choice (until week 12). The pregnant woman solely makes the decision (put into force 1979).
Gender Equality Act passed in the parliament
The first shelter for women victims of domestic violence is opened A sick child became a legal reason to be away from work
The Department of Church and Education grants full legal protection of homosexual teachers.
1979
A Law on Gender Equality is put into effect and an Equality Ombud is appointed Gender discrimination in advertisement is prohibited
Member of parliament, Wenche Lowzow from the conservative party, declares that she is a homosexual
Homosexuals are granted equal rights in the military.
1980
The party conference of AKP ml overturns their controversial “homo”-statement from 1975
1981
A particular law protection prohibiting discrimination of homosexuals is introduced (§§135a* & 349a). These paragraphs were first tried in court the summer 1984. Pastor Hans Bratterud was found not guilty in Oslo City Court, but this was overruled by the Supreme Court in December 1984
1982
1992
29. November: The current lesbian/gay organisation LLH was founded by a fusion of DNF-48 and FHO.
The feminist organization Ottar was founded
1993
The Act on Registered Partnership is passed in the Parliament. The law gives the same rights and duties to same-sex couples as marriage, apart from the right to apply for adoption (§4) and the right to get married in a church.
1998
Lesbians and gays are included in a separate anti-discrimination paragraph (§55a) in the Law of Work Environment. It is however still allowed to discriminate (not employing homosexuals) in communities of faith.
2000
LFTS, National organisation for transsexuals founded
2002
The law of adoption opens up for step-child adoptions for lesbians and gays living in registered partnership.
2004
The journal Kvinnejournalen (run by Kvinnefronten) changes name to Fett and gets a revival as a third wave feminist magazine.
2005
LFTS, the national organisation for transsexuals changed name to: National organisation for “transgenders”
2007
55% of children born out of wedlock (44 % to cohabitating parents and 11% to single mothers) (SSB)
2008
The LFTS deletes transgender from its title and is now only called LFTS without any subtitle
2009
LFTS changes name to Harry Benjamin Ressurssenter (HBRS) Purchase of sex (widely defined), in Norway and abroad, is illegal. A new gender neutral Marriage Act is in force