Constitution

Norway 1814 Constitution (reviewed 2016)

E. Human Rights

Article 92

The authorities of the State shall respect and secure the human rights as they are written in this Constitution and in the treaties of human rights that are binding for Norway.

Article 93

Every human has the right to life. No one can be sentenced to death. No one must be subjected to torture or other inhuman or degrading treatment or punishment. No one shall be held in slavery or forced labour. The authorities of the State shall protect the right to life and oppose torture, slavery, forced labour and other forms of inhuman or degrading treatment.

Article 94

No one must be imprisoned or otherwise be deprived of their liberty except in cases determined by law and in the manner the law prescribes. The deprivation of liberty must be necessary and cannot constitute an unreasonable encroachment.

The person in custody shall as soon as possible be presented to a court of law. Others who have been deprived of their liberty, can have their deprivation tried before the courts without ungrounded delay.

Those who have unjustly arrested someone or kept someone illegally imprisoned are accountable to that person.

Article 95

Everyone has the right to have their case decided by an independent and impartial court within a reasonable time. The trial shall be fair and public. The court may still close the courtroom if the interests of the parties’ privacy or other substantial public interests make it necessary.

The authorities of the State shall secure the independence and impartiality of the courts and the judges.

Article 96

No one may be convicted except according to law, or be punished except after a court judgment.

Everyone has the right to be presumed innocent until proven guilty according to law.

No one can be sentenced to forfeit immovable property or all of their assets, unless these values have been used for or are the result of an unlawful act.

Article 97

No law must be given retroactive effect.

Article 98

All are equals before the law.

No person must be subject to unfair or unreasonable discrimination.

Article 99

(Repealed)

Article 100

There shall be freedom of expression.

No person may be held liable in law for having imparted or received information, ideas or messages unless this can be justified in relation to the grounds for freedom of expression, which are the seeking of truth, the promotion of democracy and the individual’s freedom to form opinions. Such legal liability shall be prescribed by law.

Everyone shall be free to speak his mind frankly on the administration of the State and on any other subject whatsoever. Clearly defined limitations to this right may only be imposed when particularly weighty considerations so justify in relation to the grounds for freedom of expression.

Prior censorship and other preventive measures may not be applied unless so required in order to protect children and young persons from the harmful influence of moving pictures. Censorship of letters may only be imposed in institutions.

Everyone has a right of access to documents of the State and municipal administration and a right to follow the proceedings of the courts and democratically elected bodies. Limitations to this right may be prescribed by law to protect the privacy of the individual or for other weighty reasons.

It is the responsibility of the authorities of the State to create conditions that facilitate open and enlightened public discourse.

Article 101

Everyone has the right to form, join and withdraw from organizations, herein labour organizations and political parties.

Everyone can meet in peaceful assembly and demonstrations.

The Government is not entitled to employ military force against citizens of the State, except in accordance with law, unless any assembly disturbs the public peace and does not immediately disperse after the provisions regarding riot, loudly and clearly, have been read out to the assembly three times by the civil authority.

Article 102

Everyone has the right to respect for his private and family life, his home and his correspondence. Search of private homes shall not be made except in criminal cases.

The authorities of the State shall secure the protection of personal integrity.

Article 103

(Repealed)

Article 104

Children have the right to be respected for their human value. They have the right to be heard in questions regarding themselves, and their opinion shall be given due weight in accordance with their age and maturity.

In actions and decisions regarding a child, the best interests of the child shall be a fundamental concern.

Children have the right to protection of their personal integrity. The authorities of the State shall create conditions enabling the child’s development, hereunder secure the necessary economic and social safety, as well as the necessary standard of health, for the child; preferably within its own family.

Article 105

If the welfare of the State requires that any person shall surrender his movable or immovable property for the public use, he shall receive full compensation from the Treasury.

Article 106

Everyone who has legal residency in the realm may freely move within its borders and choose their place of residence there.

No one can be denied leaving the realm unless it is necessary with regards to effective prosecution or compulsory military service. Norwegian citizens may not be denied access to the realm.

Article 107

(Repealed)

Article 108

It is the responsibility of the authorities of the State to create conditions enabling the Sami people to preserve and develop its language, culture and way of life.

Article 109

Everyone has the right to education. Children have the right to receive basic education. The education shall preserve the individual’s abilities and needs, and further their respect for democracy, rule of law and human rights.

The authorities of the State shall secure the access to secondary education, and equal opportunities to higher education on the basis of qualifications.

Article 110

The authorities of the State shall create conditions enabling every person capable of work to earn a living by working or doing business. Whoever is unable to provide for themselves has the right to support from the state.

Specific provisions concerning the right of employees to co-determination at their work place shall be laid down by law.

Article 111

(Repealed)

Article 112

Every person has a right to an environment that is conducive to health and to natural surroundings whose productivity and diversity are preserved. Natural resources should be made use of on the basis of comprehensive long-term considerations whereby this right will be safeguarded for future generations as well.

In order to safeguard their right in accordance with the foregoing paragraph, citizens are entitled to be informed of the state of the natural environment and of the effects of any encroachments on nature that are planned or commenced.

The State authorities shall issue further provisions for the implementation of these principles.

Article 113

The authorities of State require a provision in law to encroach on the individual.

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