ABSTRACT

This chapter explores how the equality and non-discrimination standard, embedded in international and national law, is responding to the shifting socio-legal scenario set off by transnational flows of people, norms and technology. The Norwegian Gender Equality Act was passed in 1978. United Nations Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) was ratified in 1980 and incorporated in the Human Rights Act in 2009, so as to take precedence when coming into conflict with other Norwegian law. CEDAW is ratified by 186 states. It is embedded in the Aristotelian notion of justice prescribing that like cases be treated alike while permitting 'unalike' cases to be treated differently. Through an interactive and dynamic jurisprudence the CEDAW committee, like other human rights treaty bodies, has adopted the equality and non-discrimination standard in response to current challenges and developments in different parts of the world.