CRPD in Norwegian law – on rights and case processing

From 1 January 2026, the CRPD applies – UN Convention on the Rights of Persons with Disabilities – as Norwegian law, with precedence over other law in the event of a conflict. This means that the CRPD should be actively used in assessments concerning children with disabilities and their families.

The CRPD exists to ensure that children and adults with disabilities receive real and equal human rights, and that the state, municipalities and service providers act in line with this, and Løvemammaene has participated in several debates and hearings to incorporate the CRPD into Norwegian law.

What is the CRPD?

The CRPD is an international human rights convention that describes how people with disabilities should be ensured equality, non-discrimination, self-determination, participation and accessibility in all areas of society – school, health, leisure, work, family and society in general.

In Norway, the public sector – including municipalities – is legally and politically obligated to follow the convention, and from 2026 also legally obligated as a result of its incorporation into the Human Rights Act.

Who does the CRPD apply to?

The CRPD has a broad definition of functional variations, and both «"physical, mental, intellectual and sensory impairments"» are covered. Examples of groups that have rights under the Convention are wheelchair users, the visually and hearing impaired, people with intellectual disabilities, people with mental illnesses, the elderly with dementia and people with chronic illnesses.

What does the CRPD mean for your child/youth?

The CRPD is based on an important change in the approach to how society should meet children and adults with disabilities. The CRPD states that the general human rights apply fully to people with disabilities.

A common thread in the CRPD is that it aims to: paradigm shift in the approach to people with functional variations, from a medical approach to a rights-based approach. This means that professionals should move away from assessments of what is in the person's "best interests" to a mapping of the person's wishes. Self-determination is therefore a central part of the convention.

The CRPD expresses eight key principles and several of the provisions set relatively detailed requirements for what the authorities, including municipalities, shall or should do. The principles are:

1. Inherent dignity and self-determination. All children have inherent value and the right to decide more about their own lives. Children should be heard and given help to express their opinions if they need it. For example, the child should be given ASK, sign language or communication aids and training in their use.

2. Non-discrimination. Children with functional variations should not be treated worse than others. Kindergarten, school, health and welfare services should be accessible and equal.

3. Full participation and inclusion. Children should be able to participate in society on an equal basis with others – in kindergarten, school, leisure activities and healthcare services.

4. Respect for differences and functional diversity. Differences between people are a value. Functional diversity is a natural part of society, and it is the services that should be adapted to the child – not the child that should be adapted to the system.

5. Equal opportunities. Children with functional variations should have the same opportunity to participate, develop and learn as other children.

6. Accessibility and accommodation. The municipality must ensure universal design for everyone and consider reasonable accommodation for the individual child, with the aim of enabling the child to participate.

7. Equality between men and women. Boys and girls with functional variations have equal rights and should not be discriminated against.

8. Respect for children's development and identity. Children should be allowed to develop on their own terms, with the support they need. Identity, language, culture and communication should be protected. Children should be allowed to develop their interests, strengths and identity. For example, children who use sign language, ASK or other forms of language should be allowed to retain and develop this.

CRPD and case management – what does it mean in practice?

The CRPD has precedence, which means that the municipality must base all case processing concerning people with functional variations on the CRPD. The State Administrator is clear that the CRPD should be considered, even though current health and care legislation is largely considered to be in line with the Convention. If there is a conflict between other law and the CRPD, the CRPD takes precedence.

Complain

If decisions violate the child's human rights or do not take into account accommodation needs, the CRPD can be used directly as a source of law and argument in appeal cases.

If you are a member of Løvemammaene, you can download a template and example of a complaint layout in our closed intranet for members:Spark 