When liberal democracy violates fundamental rights

After this summer's debate related to Udir's inspection of Samfundets skoler in Egersund, we find reason to ask the question: Do we understand how far the state is willing to go to make us all think alike about gender and relationships?

Over the past six months, three different documents have been adopted and proposed that affect us all, from the individual level to the employee and societal level. These are a new Children's Act, Bufdir's advice to public sector employees, and the government's strategy for sexual health.

The Children's Act is being expanded – with major consequences for parents

The Children's Act, which was adopted in June 2025, has several important changes compared to the old law. One of the most important is found in the first chapter of the law, which deals with the so-called fundamental rights of the child. According to Section 4-1, the child now has the right not to be discriminated against, which also includes the child's sexual orientation, gender identity and gender expression.

According to the bill's proposal, the right to non-discrimination is one of the four general principles of the Convention on the Rights of the Child. The Ministry writes that Norway needs a new law because international law obligations are in "dynamic development", driven by, among other things, the European Court of Human Rights (ECtHR) and UN bodies. The Ministry also points out that the right to non-discrimination reflects Section 98 of the Constitution, Article 14 of the ECHR and Article 2 of the Convention on the Rights of the Child.

This "dynamic development" in the understanding of what a human right is means that parents now have a duty to ensure that the child is not subjected to discrimination - also in issues related to gender identity and social ethics.

In practice, this may mean that parents must adapt to the child's own understanding of gender, if the child expresses an identity that deviates from the parents' own view. Similarly, the principle can be used to limit parents' freedom of choice if a kindergarten or school does not follow the state's view of gender and identity.

Bufdir's advice: Gender-neutral language in the public sector

Budir's new advice for public employees appears to be a continuation of the new Children's Act, but now with public employees as the target group. In Bufdir's view, employees must always treat people they meet as possible transgender people. Because transgender people are considered an extra vulnerable group, they are entitled to extra protection.

In short, Bufdir believes that everyone in the public sector should use gender-neutral language at all times. The reason is that you can never know whether the person you meet is transgender or not, and many may be unsure of their own identity. A person can therefore, according to Bufdir, look like a woman, but in "reality" be a man. It is the person themselves who has the answer to the question of their own gender.

This means that employees should avoid using words like «female genitalia» and «male genitalia,» and instead use neutral terms like «vulva,» «vagina,» and «penis.» Similarly, it is recommended to avoid the words «mother» or «father,» and instead use «parent.».

We should therefore not be surprised that Bufdir also believes it is important for employees to report to management about other employees' "negative language use." Even reporting is acceptable, as long as it contributes to creating an environment where transgender people feel safe.

The government's new strategy for sexual health

The whole thing is «topped off» by the government’s new sexual health strategy, which is based on the assertion that we all have a responsibility for each other’s sexual health. The main goal is «good sexual health for the entire population – throughout the life course». To achieve this goal, society must promote sexual rights, respect for diversity and «positive attitudes towards sexuality».

The Government states that the right to good sexual and reproductive health is the same as realizing human rights, and that the fulfillment of these rights is crucial for sustainable development, poverty eradication, democratic societies and lasting peace.

In order for these rights to be realized – including for children and for those who practice different forms of sexuality, such as BDSM – the government is planning a kind of national joint project. The whole of society will contribute, while the state itself will monitor and follow up on the work.

A common line: Increased state governance

If we look at these three documents – the new Children's Act, Bufdir's advice for public employees and the government's strategy for sexual health – in context, we understand how strongly the government and the Storting want to create uniformity and conformity in matters of gender and sexuality.

We must be aware that these arrangements have clear totalitarian features and mark a break with basic democratic principles. When parents, workers and society are ordered to reject ethically rooted norms and biological truths about humans, the state steps far beyond the framework within which it is intended to operate in a democratic society.

With this legislation and these guidelines, there is hardly any room for privacy. Everything has become politics.

Reader's contribution by Marianne Brattgjerd (PH.D.) Academic Director Health and Research, Christian Resource Center and Kjell Skartveit, Associate Professor and Author

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