– They take away from him the opportunity to experience the world, which is a human right for the rest of us. Hege sits in her kitchen and looks at the pile of decisions, rejections, medical reports and complaints. Her son has always had a passport, but when it had to be renewed last year, the Sør-West police district said no. – I was shocked. My first thought was: “What are they doing?” It is section 5 of the Passport Act which means that the son did not get a passport. § 5 Impediment to passports Passports must not be issued (…)Also otherwise, passports can be refused to be issued if(…)d. the applicant is seriously mentally ill or mentally retarded and will not be able to take care of himself abroad; Source: Legal data – My son has some diagnoses that make life more difficult, but he has always had a passport, and he goes on holiday with us. It is discriminatory that it is related to diagnoses. Hege’s son often accompanies the family on holidays abroad. The holidays are important to his social life. Photo: Ingvild Stuedal Taranger / news The police base the refusal on developmental disabilities. Doctor’s report recommends that he get a passport for Croatia, Bosnia, Italy, Spain. He often joins the family holidays, and the best of all are the trips to Denmark. – It is important for him to be able to travel on these holidays. He doesn’t have a social network apart from us. Hege is the son’s guardian, and she has informed the son that his situation will be written about. The son thinks it’s fine. The Passport Act §5 third paragraph letter d is part of the preventive work of the police where the purpose is to prevent persons who cannot take care of themselves traveling abroad. Photo: Ingvild Stuedal Taranger / news In a doctor’s report from the son to Hege’s GP, it is stated that having the opportunity to go on holiday with the family has a lot to say for the son’s health and quality of life. The doctor recommends from a medical perspective that he gets a passport with travel rights. But to little avail, because the complaint was rejected again. It was not until several complaints later and the case ended up with the Directorate of Police that the son was finally granted a passport. Hege has spent several thousand kroner on the case, including legal fees. She believes it is important to raise the debate around the regulations that allowed passport refusal. I think the law needs to be changed Eli Knøsen, professional director of the Equality and Discrimination Ombudsman, says that it is against human rights that you can refuse a passport because of a diagnosis and disability. – It is absolutely not right in any way. I don’t just get sad, I get really pissed off. It interferes with people’s freedom of movement, and is discriminatory to that degree. Eli Knøsen, professional director of the Equality and Discrimination Ombudsman, believes that we have a piece of legislation that goes against human rights. Photo: Thomas Eckhoff The CRPD convention is intended to help combat discrimination on the grounds of reduced functional capacity. – I have just written a large report that deals with Norwegian legislation and how the convention becomes a trademark. Then the passport law is one of several laws that I think needs to be changed. The report to the Equality and Discrimination Ombudsman states the following: “As the Norwegian Passport Act is written, people with developmental disabilities and serious mental disorders are treated differently in the regulations. This means that people with these diagnoses have less autonomy and freedom of action when it comes to enjoying their freedom of movement.” – It is strange that you think you can do what you want with this group, says Knøsen. – Refusal of passports is an invasive measure In the last four years, the Sør-Vest police district has made around ten decisions a year to refuse passports on the same basis as for Hege’s son. – The police understand that being refused a passport is perceived negatively as it limits the possibility of traveling abroad. The threshold for refusing a passport is therefore high, says Ketil Remman, acting head of the joint unit for foreigners and administration in the Sør-West police district. – It is nevertheless important to underline that even if a person is refused an ordinary passport, the police can still issue a passport for a single trip, if there are strong welfare reasons, says Remman. Marit Nordsveen Bjørndal, who is acting section leader in the Norwegian Police Directorate, says they are aware that denying passports is an invasive measure. – It is important that both conditions in the provision are met for refusal to be permitted by law. This means that it is not sufficient that the person concerned, for example, has a diagnosis that corresponds to serious mental illness. The person concerned must also be unable to take care of themselves abroad. Hi! Do you have thoughts about the case you have read, or input on what I should write about? Feel free to send me an email!
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– It is discriminatory – news Rogaland – Local news, TV and radio
