A/HRC/43/41/Add.3
should be redirected to investing in family and community-based support and services, such
as day care, respite care, therapeutic services, foster and kinship care.
I.
Health
61.
The right to health is referred to in several pieces of legislation, including the
Patients’ and Users’ Rights Act, the Health and Care Services Act, the Specialist Health
Service Act, and the Dental Health Services Act. Norway spends 10 per cent of its gross
national product on health care, resulting in very good health-care infrastructures,
distributed among primary health-care services at the municipal level and specialist healthcare services provided by the State through four regional health authorities.
62.
The Government endeavours to provide universal access to quality health care to the
general public, including persons with disabilities, most of which is free of charge. It is also
making efforts to improve the competence and professional development of the municipal
health-care sector, for instance through the strategy entitled “A society for all”, the care
plan 2020, the dementia plan 2020 and the quality reform for older persons. According to
2018 data from the Ministry of Health, municipalities provided 24-hour health and care
services to 209,369 persons through home care services.
63.
Despite those efforts, persons with disabilities continue to face challenges in
accessing the right to health on an equal basis with others, including physical, mental and
dental health. A survey conducted by the Norwegian Board of Health Supervision in 2016
in 57 municipalities revealed serious failures in the provision of municipal health and care
services for persons with intellectual disabilities in 45 of them. 15 The Special Rapporteur
received similarly worrying reports about persons with intellectual disabilities receiving
poor quality health care and support in residential homes and from home-care services,
ranging from staff who were poorly informed about the health condition of the users they
should assist, to lack of competence and training, language barriers that impeded
communication, high staff turnover (up to 40–50 different people in a month) and
negligence (for example, staff not informing families when their relatives were injured and
the circumstances of the injury, or about poor diet and undernourishment).
64.
Culturally safe practices at the institutional, group and individual levels are essential
to the well-being of Sámi peoples. Sámi with disabilities reported concerns regarding
health-care services that are not culturally sensitive and health professionals lacking
cultural knowledge and language skills in encounters with patients, which had led to
misunderstandings and wrong diagnoses in some cases. Furthermore, autistic and other
persons with disabilities reported being reluctant to disclose sensitive information about
their health condition to doctors and nurses in the presence of a Sámi interpreter, feeling
uncomfortable that members of their community would know about such personal matters.
65.
In the area of sexual and reproductive health and rights, the Special Rapporteur was
informed that sexual education programmes are not tailored to the needs of youth with
disabilities, including autistic girls, and they are often taken out of class when sexuality is
discussed, owing to the assumption that it is not relevant for them. Information about
pregnancy and motherhood is not available in an accessible manner to the diversity of
persons with disabilities. Campaigns to prevent sexual violence against children and youth
are also not inclusive, thus boys and girls with disabilities, including the deaf, do not know
what to do if they are subjected to such abuse.
J.
Coercion in mental health and social care
66.
Norwegian mental health and social care legislation permits the use of coercive
measures against persons with psychosocial disabilities, intellectual disabilities and
dementia. The Mental Health Care Act (ch. 4) allows for the involuntary admission and
15
See www.helsetilsynet.no/upload/Publikasjoner/rapporter2017/helsetilsynetrapport4_2017.pdf (in
Norwegian).
13
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents