One step forward and one step back: sexual harassment in Norwegian equality and non-discrimination law

Abstract

For a long time, criminal law was the main legal tool for combating sexual harassment. Today, the equality and anti-discrimination approach to sexual harassment is rooted in human rights law, EU law and national law. On paper, the equality and non-discrimination approach represents a more accessible and effective legal tool to combat sexual harassment than criminal law. This chapter situates the Norwegian equality and non-discrimination law approach to sexual harassment in its broader historical, legal and political contexts. Insights into law reform, Supreme Court practice and cases from the Discrimination Tribunal uncover ongoing tensions and conflicts between different notions of sexual harassment. These are: the Norwegian equality law’s objective approach, the EU’s dual equality and violation of dignity approach, and criminal law’s fault-based approach. In practice, legal changes that on paper are a step forward often go hand in hand with new setbacks. This shows that the equality approach remains a contested space regarding women’s right to protection against discrimination, harassment and sexual harassment, and the rights of the offender.