the Complaint is submitted by an employee who has been employed by Blidensol in six years.
Discriminated against?
She refers to the decision of the 2. september 2016 from established management board at the nursing home which establishes that: “All the staff at B nursing home (in contact with the residents) to use arbeidsantrekk that are dispensed from the nursing home, and it is not allowed to use religious or political pieces, such as the hijab or palestinaskjerf”.
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The staff believes that the decision is in conflict with the prohibition against discrimination on the grounds of ethnicity, religion and belief. She claims that the decision is directed at her, since she uses the religious garment, the hijab. She shows that she is in the course of the six years she has worked on Blidensol, never gotten a negative comment about the head covering, on the contrary, she has only received positive feedback from residents and their relatives. Furthermore, she displays that her colleagues support her and are against the decision.
– Scary
Dagny Pedersen Welle, the leader of the established management board at the nursing home, has in its statement to the ombudsman inter alia the following:
“the Board has received responses to the hijab-the use of both the employees and their families (visitors).
the Board has noted that the use of the headscarf at the nursing home increases as a result of the fact that many muslims are seeking to omsorgsfaget/-profession.
Blidensol-the board’s responsibility to respond in time
Our advocate recently received a question from NRK as saying: “it Would be so wrong about the whole pleiestaben came to wear the headscarf?” It is this situation that we have seen come, and that we want to prevent. Even if the headscarf is a religious garment, it is besides to be outlandish and terrifying for some, too controversial – not because avreligionen, but because most people think it is kvinnediskriminerende. So is it a question about trosmarkeringdiskriminering against women’s discrimination. We take no position on this, but points out the conflict. But to this comes that the hijab is so strongly marks the religion and religionstilhørighet. In older people in general and in demenspasienter especially is all this likely to cause confusion about the preconceived attitude, views and beliefs, and thus create insecurity and fear. This, we believe our patients must be spared. For the same reason we want our homes to appear as completely religionsnøytr alt.”
Prohibited
the Equality and anti – discrimination comments on this as follows:
“Negative attitudes, stereotypes or cultural background can still not be considered to be factual reasons for banning the headscarf, either in general or in individual cases. Reactions from employees and their families on the use of the headscarf, which the board in this case shows, can thus also does not justify a prohibition against the use of hijab. This applies even if the use of the headscarf can create debate, and some perceive such use as kvinneundertrykkende and as a strong selection of religionstilhørighet and religious practice.”
the Ombudsman considers that they have not received information substantiating the fact that the use of the hijab is disturbing for the patients.
-Even if, in specific cases, may be required to make certain adjustments in order to attend to some patients, is not discomfort or uneasiness in the patients reason enough in sell yourself to be able to forbid hijab, says likestillingsombud Hanne Bjurstrøm in a press release.
Reactions from staff and relatives associated with the use of the headscarf, which the board refers to, can also not justify a ban on the hijab, writes the ombudsman in his statement.
-We can not see that the use of religious garments, including a headscarf, prevents the employees to exercise the work satisfactory, ” Bjurstrøm.
Expected
the Director of upbringing and living conditions in the municipality of Stavanger, Per Haarr, says that the decision of the ombudsman was as expected.
Deputy chairman of the board of directors, Kirsten Smedvig, says the following:
– the Board of directors has recently received the equality and discrimination ombud assessment of sykehjemmets decisions about general and neutral uniform, and the board relate now to the klageretten and complaints as is given to us.
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