Universal Periodic Review

Office of the High Commissioner for Human Rights

Icelandic National Report

Government of Iceland
Ministry of the Interior
July 2011

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I. Methodology and consultation p rocess

1. This report is based on guidelines issued by the Human Rights Council. The Ministry of the
Interior has coordinated the reporting process, in which relevant ministries have been
involved. Valuable input has been received from non -governmental organisations (NGOs),
especially the Icelandic Centre for Human Rights , regarding the content and formulation of
the report .

2. Over 60 NGOs, religious organisations and interest organisations were specifically notified
of the process and invited to offer their comments on a draft table of contents. Views were
also sought from the Welfare Watch, a governmental committee with NGO participation.
Following this, a working group formed by the relevant m inistries drafted a report that was
posted on the Government‟s website for public consultation. The draft was also presented at a
public interactive meeting , with opening statements from the Minister of the Interior, the
chairwoman of the working group and the director of the Icelandic Human Rights Centre.

3. P reparation of the UPR report has given Icelandic authorities a good opportunity to
undertake a general, critical review of the human rights situation in Iceland . In following up
its UPR report, Iceland will seek close collaboration with civil society actors.

II. Legal and institutional framework for the protection of human rights
A. The Constitution
4. Iceland is a representative democracy and a parliamentary republic. The Icelandic
Constitution provides that state power is exercised by the Parliament (Althingi), the President
of Iceland, the Government and the Judiciary. The Parliament and the President exercise
legislative power jointly , while the President and the Government exercise executive power.
Judges are vested with the exercise of judicial power. The Constitution provides for the direct
electio n of the President and the Parliament by secret ballot at intervals of four years. All
Icelandic citizens , aged 18 and above , who are permanent residents of Iceland are eligible to
vote in parliamentary, presidential and municipal electi ons. Immigrants fulfilling certain
criteria are eligible to vote in municipal elections.
5. The Icelandic Constitution is the highest ranking legal instrument in the Icelandic legal
order. All laws, regulations and executive action must comply with its pr ovisions. The
Constitution was adopted, following a referendum, when the Republic of Iceland was
established on 17 June 1944. The Constitution not only provides the basis for the organisation
of state power but also guarantees certai n human rights and fundamental freedoms , such as
the freedom of religion, freedom from interference with privacy, home and family life and
freedom of association and assembly. Fundamental amendments to the human rights
provisions of the Constitution were e nacted in 1995 in a Constitutional Act. In effect, its
human rights provisions had until then remained almost unaltered since the adoption of
Iceland ‘s first Constitution in 1874 as they had not been changed when Iceland be came a
Republic , and the present Constitution entered into force. The Amendment Act of 1995 added
a multitude of new human rights provisions to the Constitution , and the older provisions were
rephrased and modernised.

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6. T he Constitution is currently unde r review. Emphasis has been put on public participation
in the review process. Parliament elected a Constitutional Committee to prepare and organize
a National Gathering on constitutional matters, which was held in November 2010. One
thousand delegates to the National Gathering were chosen at random out of Registers Iceland.
The outcome of the National Gathering, suggestions, remarks and literature on constitutional
matters were put together in an extensive report , which the Constitutional Committee
deliver ed to the Constitutional Council.

7. A consultative Constitutional Assembly consisting of 25 representatives was elected in
November 2010. Following complaints about fault y conduct of the election, the Supreme
Court of Iceland invalidated the results of the election in early 2011, stating that the election
process was in breach of the Election Act. Subsequently , Parliament decided to appoint the 25
delegates elected to the Assembly to a Constitutional Council with a similar role. The Council
shall delive r its propositions for an amended Constitution to Althingi by the end of summer
2011.
B. International obligations and legislation

8. Iceland is party to most major UN human rights conventions, including the International
Covenant on Civil and Political Rights (ICCPR), the International Covenant on Economic,
Social and Cultural Rights (ICESCR), the Convention on the Elimination of All Fo rms of
Racial Discrimination (ICERD), the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (CAT), the Convention to Eliminate All Forms of
Discrimination against Women (CEDAW) and the Convention on the Rights of the Child
(CRC). Iceland has ratified all the optional protocols to these conventions, except for the
optional protocol to the ICESCR and CAT.

9. Furthermore , Iceland has ratified a number of ILO Conventions, including t he eight key
conventions , and a number of international humanitarian law conventions.
Iceland regularly submits periodical reports to the relevant UN treaty bodies on Iceland‟s
implementation of its international human righ ts obligations. Iceland takes the
recommendations issued by UN treaty bodies seriously and carries out a thorough review and
follow -up of the recommendations set out in their concluding remarks.
Iceland has issued a s tanding invitation to the special procedures of the UN Human Rights
Council.

10. Iceland is a member of the Council of Europe and has ratified the European Convention
on Human Rights (ECHR) and most of its protocols, as well as a number of Council of
Europe human rights conventions. By ratifying the ECHR, Iceland has undertaken to comply
with the judgments issued by the European Court of Human Rights in cases brought against
Iceland. Judgments against Iceland have prompted the payment of compensation to
applicants, and in some instances amendments to Icelandic legislation. The ECHR has been
incorporated, as a whole, into Icelandic law.

11. As a participating state of the Organization fo r Security and Co -operation in Europe
(OSCE), Iceland fully adheres to and complies with the commitments of the OSCE’s three
dimensions: the politico -military dimension; the human dimension; and the economic and
environmental dimension.

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12. Icelandic law is based on a dualistic system, whereby international conventions Iceland
ratifies must be incorporated into national legislation with legal amendments. In the Icelandic
legal system, stipulations in international agr eements cannot be directly applied to individuals
or entities without implementing legislation. However, existing laws must be interpreted in
accordance with international law, both customary law and international agreements.

C. Institutions
General
13. The responsibility for national implementation of human rights obligations is divided
between the different ministries , which are also responsible for following up
recommendations from various convention bodies. All parties or institutions exercising state
power are bound by Iceland ‘s human rights obligations in the exercise of their authority. The
Minis try of the Interior is generally responsible for ensuring that Icelandic law is consistent
with Iceland„s human rights obligations ; the Ministry of Welfare is responsible for issues
linked close ly with social rights , and the Ministry for Foreign Affairs is responsible for
international cooperation in the field of human rights, in particular within the UN, the OSCE
and , in part , the Council of Europe.
Judiciary
14. The independence of the judiciary is safeguarded by the Constitution. The courts have
jurisdic tion in criminal as well as civil and administrative cases. There is no administrative or
constitutional court in Iceland. Icelandic courts are empowered to review the constitutionality
of all laws. District courts and the Supreme Court may decide that leg islation that they find
incompatible with the Constitution cannot be applied. The Supreme Court and the district
courts can also review decisions taken by the executive although they cannot replace a
repealed decision with another one. Legislation conflict ing with the human rights provisions
of the Icelandic Constitution will not be applied by the Icelandic judiciary although such
legislation will not be formally invalidated. In such case a person suffering loss of his or her
rights as a result of such legi slation will be entitled to compensation. An administrative
decision conflicting with the human rights provisions of the Constitution will be invalidated
by the courts of Iceland , and a person suffering loss of his or her rights as a result of the
decision may be entitled to compensation.
Ombudsmen
15. The ombudsmen institutions play an important role in monitoring whether Icelandic
authorities fulfil their human rights obligations. The Althingi Ombudsman is independent in
his or her work and has the role of monitor ing the administration of the State and local
authorities and safeguard ing the rights of the citizen vis -à-vis the authorities. Any perso n who
feels unfairly treated by the authorities may lodge a complaint with the Althingi Ombudsman.
All individuals, whether Icelandic nationals or aliens, may complain to the Ombudsman. The
same applies to associations and bodies formed by individuals. The Ombudsman can also take
up matters on his or her own initiative.
16. The Ombudsman for Children is also independent , does not take orders from the executive
or the legislative powers and has an extensive right to obtain information. The Ombudsman

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for Chi ldren shall endeavour to ensure that the rights, needs and interests of children up to the
age of 18 are fully taken into account, both by public and private entities and in all areas of
society, and to respond if they are violated. The Ombudsman shall int er alia be the children‟s
advocate, raise strategic discussions about matters concerning children, give indications and
put forth proposals for the improvement of legislative, regulatory and administrative
provisions directly concerning the rights and inte rests of children, and be instrumental in
raising public awareness of legislation concerning children. This involves observing
international agreements containing provisions on the rights and welfare of children that have
been ratified by Iceland and recom mending that such international agreements be ratified.
17 . The Debtors’ Ombudsman is a new institution , established following the financial crisis in
2008 and operating since 2010. The Debtor‟s Ombudsman represents the interests of debtors
and offers the m support if applicable. The Debtors’ Ombudsman offers free assistance to
individuals having serious difficulties meeting their financial obligations , in order to find a
balance between financial capacit y and financial obligations.
18. A National Human Rights Institution fulfil ling the Paris Principles has not been
established in Iceland. Establishment of such an institution is currently being considered.
19. The Icelandic Human Rights Centre is an independent non -governmental institution that
was established in 1994 and is part ial ly funded from the state budget. The purpose and aim of
the Centre is to promote human rights by collecting information on and raising awareness of
human rights issues in Iceland and abroad. The Centre works to m ake human rights
information accessible to the public by organising conferences and seminars on human rights
issues and by providing human rights education. The Centre also promotes legal reform and
research on human rights and has established the only spe cialised human rights library in
Iceland.
D. The role of civil society
20. Iceland believes that a strong and vibrant civil society is fundamental in achieving
democratic development. There is a long tradition of civic engagement and an active civil
society in Iceland. Non -governmental organisations and the public in Iceland participate
actively in national societal debate. In th is manner they stimulate debate on policies and
priorities. The media also play an imp ortant role in society by providing information to the
public, initiating public debate and scrutinising the exercise of public power.
III. Implementation of human rights in Iceland, best practices and challenges
A. Introduction

21. Human rights and democracy are fundamental values in Icelandic society , and the
Government is firmly committed to ensuring full respect for human rights. Iceland‟s long –
standing democratic system of government and constitut ional framework continue to form the
basis of the enjoyment of all rights, while the general welfare system has contributed to the
practical enjoyment of a number of rights. The state is responsible for all or most of the costs
related to education, health care, child care, elderly care and pensions. As an example of best
practice, Iceland has made progressive steps in promoting gender equality and gay rights.

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22. Although the status of human rights in general is strong, Iceland encounters challenges in
a few areas. This applies in particular to Iceland‟s ability to secure the rights of vulnerable
groups. The impact of the global financial crisis that hit Iceland particularly hard in 2008 and
increased unemployment have also led to challenges in preservin g certain aspects of welfare .

B. Non -discrimination and equality
1. Gender Equality

23. Promoting gender equality and ensuring that women and men enjoy equal rights in all
respects has been a key priority of the government of Iceland for many years. The
Constitution stipulates that men and women shall enjoy equal rights in all respects. Iceland
has had legislation on gender equality in force since 1976, with the most recent am endment in
2008. The aim of the legislation is to establish and maintain equal status and equal
opportunities for women and men, and thus promote gender equality in all spheres of society.
Various mechanisms have been put in place to ensure gender equality as well as affirmative
actions in different sectors.

24. Iceland has been ranked first in the World Economic Forum‟s Global Gender Gap Report
the last two years, 2009 and 2010. The report evaluates gender equality in different countries ,
based on gender balance in the area s of politics, education, employment and health. In the last
parliamentary elections in 2009, the proportion of women MPs grew to 43%. Following the
elections , the first Icelandic government with an equal number of women and men was
for med, under the leadership of the country‟s first female Prime Minister. Currently, 40% of
government ministers are women. In the 2010 municipal elections women also reached the
40% threshold for the first time.

25. Iceland has one of the highest rate s of female labour force participation among OECD
countries – 78% – and 84% for men in 2010. At the same time Iceland has one of the highest
fertility rates in Europe, 2 .14 children per woman in 2009. A number of welfare projects, such
as the expansion of publi c child care and elderly care facilities over the last few decades , ha s
been important in this regard. In 2009 95% of children , aged 3 to 5 , attended pre -schools. The
Icelandic system of parental leave, which gives both parents equal and non -transferable r ights,
has also been important in level ling gender -based roles in society, ensuring a high level of
women‟s participation in the work force as well as enabling male respons ibility for
household s and upbringing of children. The system, introduced in 2000, p rovides parents nine
months of paid parental leave, three months for fathers, three months for mothers and three
months to share. Research has shown that fathers are as a result building closer relationships
with their children, and women and men are on mo re equal footing in the workplace and the
home. In 2007 90% of fathers used their paternal leave. There are indications that after the
financial crisis in 2008 this number has gone down, which is a concern.

26. Women are well represented in the area of e ducation. At the secondary level of education
women represent around 51 -53% of students . In the school year 2008 -2009 women
constituted 66% of those completing Bachelor‟s degrees, 60% for the Master ‘s level and 54%
for the PhD level.

27. In spite of these positive advances and efforts undertaken in the last few decades, gender
inequality still exists. The biggest challenges are in the area of work. The gender pay gap still

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persists, measured in 2008 at 16%, despite the fact that an act on equal pay for equal work has
been in force since 1961. Women also hold fewer leadership positions. The percentage of
women employed as managers in Icelandic companies in the private sector was 19% in 2009.
Choice of education and career paths also tends to be quite traditional, although some
improvements have been made in recent years.

28. Several actions have been undertaken to address these challenges. Most importantly
Parliament passed legislation in 2010 requiring companies with 50 employees or more, t o
have both women and men on their company boards, and if there are three or more board
members, the percentage of either sex must not be under 40%. This legislation will take effect
in 2013.

2. Ethnic discrimination and racism

29. Article 65 of the Constitution prohibit s discrimination based on racial or ethnic origin,
religion or belief , and two provisions in the General Penal Code specifically safeguard against
it. Incidents of refus ing access to public spaces and harassment based on race and/or ethnic
origin are reported , but as yet no cases have been decided in the courts. The Supreme Court
has only dealt with one case regarding racial discrimination resulting in a fine.

30. Iceland has never had minority groups in the sense of specific minorities among the
population with a rich historical or long -lasting connection with the country and further
distinguishing themselves from the majority of the population in terms of language, culture,
religion or other collecti ve features. 1

31. Steadily increasing immigration in recent years has called for specifi c measures and
legislation to combat discrimination and racism. A survey in 2009 on attitudes of the general
public towards minority groups in Iceland revealed that 56 .9% thought that discrimination
based on race or ethnicity was common in Iceland.

32. An Action Plan on Immigrants ‘ Issues was passed by the Parliament in 2008. Various
projects and studi es aimed at combating racism and anti -discrimination have been supported
by the Ministry of Welfare.

3. Rights of lesbian, gay, bisexual and transgender persons

33. The National Organization of Lesbian and Gay Men in Iceland (now National Queer
Organization) was founded in 1978, resulting in more open discussion o f homosexuality.
Although prejudices were strong at that time, attitudes have shifted dramatically.

34. In 1996, registered partnership between same -sex couples was given the same legal status
as marriage except for certain limitations as to adoptions. In 2010 this difference between
marriages and registered partnerships was abolished, and the M arriage Act now applies to
both heterosexual and same sex couples , and the status of a registered partnership can be
changed to a marriage in Registers Iceland. Tha t same year an amendment was made to the
1 See Iceland„s Fifth Periodic Report on Implementation of the International Covenant of Civil and Political
Rights Pursuant to Article 40 of the Covenant, April 2010

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Act on Artificial Fertilisation , whereby lesbian couples were given the right to in vitro
fertilization.
35. Since 1996 discrimination on grounds of “sexual orientation” is subject to penalty under
the General Penal Code.

36. The National Queer Organization has in the recent years emphasise d the rights of
transgender persons in Iceland. A recent opinion of the Althingi Ombudsman has highlighted
the lack of legal framework and called for legislation in order to prot ect the rights of
transgender people. Although there are no legal rules on medical treatment, a code of practice
is followed, similar to that applied in other Nordic countries. Practice relating to name -change
has recently been modified, following investig ation by the Althingi Ombudsman. Change of
name and sex in Registers Iceland is now possible upon request after one year of hormonal
treatment. In March 2011 the Minister of Welfare appointed a working group on the legal
status of transgender persons.
C. Rights of persons with disabilities

37. Prohibition o f discrimination against disabled people is stipulated in the Constitution. The
Act on the Affairs of Persons with Disabilities further ensures people with disabilities equali ty
and living conditions comparable to those of other citizens and provides them with conditions
enabl ing them to lead a normal life. Persons with disabilities shall be entitled to all general
services provided by the State and municipalities. It shall be endeavoured at all times to
provide services to people with disabilities in accordance with general laws in the field of
education, health and social services, employment, transport services social habilitation and
rehabilitation. Representatives shall be appointed to whom a disabled person, who thinks that
his or her rights are violated, may turn for assistance.

38. One of the main aims of new Acts on Planning and Construction is to ensure access for all
and require designers and those responsible for structure s to ensure access for all , for
example, by making all hallways wide enough for wheelchairs.

39. The main responsibility of special services for people with disabilities has been
transferred from the state to the local municipalitie s as of January 2011. This is a step toward
mainstreaming services for persons with disabilities and integrating special services for
people with disabilities with ordinary social services , which ha ve been the responsibility of
the municipalities.

40. Re cent legislation defines and recognises Icelandic sign language for the first time as the
first language or mother tongue of deaf people. Still , challenges in ensuring rights for the deaf
population in Iceland remain . A working group has been appointed to map these challenges
and set forth an action plan addressing them.

41. Iceland has signed the UN Convention on the Rights of Persons with Disabilities (CRPD)
and its optional protocol , and ratification is being prepared. To th is end a new Act on Rights
of Persons with Disabilities proposes that the Government shall be responsible for
safeguarding the rights of persons with disabilities and educating persons with disabilities and
those work ing with them about their rights. The bill also contains more detailed provisions
regarding appointed representatives of persons with disabilities. Finally , it is proposed that
persons who, because of their disabilities, have difficulties taking important decisions
themselves or managing their affairs b y themselves shall have the right to choose a personal

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representative who shall assist them in making informed decisions about such matters. This is
in accordance with Article 12 , paragraph 3 , of the CRPD.

42. A bill is also being prepared regarding the use of restrictive and constraint measures in the
care of persons with disabilities. As a main principle, the use of restraint and physical
coercion will be prohibited, but guidelines will be set forth on when and how exceptions may
be made, and how the ex ercise of such exceptions will be supervised.
D. Rights of elderly persons

43. According to the Act on the Affairs of the Elderly of 1999, elderly persons shall have
access to the health and social services they require , and such services s hall be provided in
accordance with the needs and condition of each individual. The aim is also to ensure that the
elderly enjoy a normal domestic life as long as they are able to , and that they are assured
required institutional services when needed. The elderly shall enjoy equal rights with other
citizens , and their right to self -determination shall be respected.

44. There have been complaints that the old -age pension has not kept up with the cost of
living , and , following the financial crisis, many pen sion funds have lower ed monthly
payments to pensioners. The monthly minimum old -age pension has however kept up with the
wage index , and since 2008 low -income pensioners have been entitled to special
supplement ary support to improve their living standard.

45. Attention has also been drawn to the position of older women , who in many cases have
little or no payments from pension funds and are often caring for their spouses.

46. In addition, there are complaints regarding the lack of adequate nursing – nursing at home
as well as in nursing homes, where people often have to share a room with one or more
residents, resulting in discriminat ory lack of respect for private life and family life. Since
2008 it has been the policy of the government to work towa rds meeting the demand for single
rooms. All new nursing homes are therefore designed to meet that aim , and , where possible ,
shared rooms in older nursing homes have been changed to single rooms.
E. Rights of the child

47. The rights and welfare of children are protected in both the Children‟s Act and the Child
Protection Act, as well as in individual provisions in other legislation.

48. The child welfare system is the resp onsibility of both local authorities and the state. Child
protection committees in municipalities are responsible for basic services to children and
families. A state body, the Government Agency for Child Protection, is responsible for
monitoring child pro tection committees and ensuring that they operate in accordance with
legislation. Furthermore, the Government Agency for Child Protection is responsible for
special tasks of child protection, such as operation of The Children‟s House. The Agency
regular ly collects data on the frequency of child abuse and supports research and various
developmental projects. Recent amendments were made to the Child Protection Act with the
aim of enhanc ing child protection work.

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49. The interest s of the child shall always b e paramount in the work of child protection
authorities. In their work, child protection authorities shall always take children‟s views and
wishes into account, in light of the child ‘s age and maturity .
50. Iceland has ratified the CRC , which has guided l egislation in the field since its ratification.
Although CRC has not been incorporated completely into legislation, all provisions regarding
children are based on the CRC ‘s fundamental principles , and all legislation shall be interpreted
in accordance with the CRC. A legislative bill with amendments to the Children‟s Act was
recently submitted to Althingi , including provisions aimed at better reflecting the fundamental
principles in Articles 2, 3, 6 and 12 of the CRC.

51. According to the Youth Act of 200 8, municipal authorities are for the first time required
to promote the establishment of special youth councils in every municipality. The y outh
councils ‘ functions include advis ing municipal authorities on the affairs of young people in
the community conc erned. Youth councils are now active in many municipalities.

52. Children shall be provided with care and education, in a healthy and encouraging
environment, as well as safe conditions for learn ing and play ing . All compulsory school
pupils have the right to appropriate instruction within an encouraging environment , in suitable
facilities tak ing into account their needs and general well -being. Pupils have the right to enjoy
all activities organised by the school and the right to express their opinion regarding all school
activities , and their opinion shall be taken into account whenever possible. Any individual
who has completed compulsory education is entitled to enrol in upper secondary school s and
to study the re until the age of 18. It is of concern that the dropout rate for pupils of immigrant
background is higher in upper secondary schools than for pupils of Icelandic origin, which
may be partly due to lack of skills in the Icelandic language.

53. There have been coordinated efforts for some years in Iceland to prevent bullying,
persecution and social exclusion in schools, with focus on improving and maintaining a
positive school environment. Development of various preventative activities in schools ha s
also taken place , in close cooperation with parents and the community, both at the compulsory
and upper secondary school level s, focusing on drug prevention and risk y behaviour ; in recent
years focus has increased on the health and well -being of children.

54. Particular efforts are focused on vulnerable groups of children and young persons, such as
those with disabilities and learning difficulties, chronic illnesses, ADHD and children and
young persons of immigrant background. The government recognises the nece ssity to
prioritise support of these groups and ensure that they enjoy equal opportunit y.

55. Since the financial crisis in 2008 , Parliament has organised monitor ing of the services for
children and ensur ing cooperation between all sectors, among other t hings , by establish ing the
Welfare W atch. It seems that , despite budget cuts , the public system has mostly been able to
provide necessary services. It is important to continue monitoring development s in the near
future, especially concerning vulnerable chi ldren requiring extra support or services. The
Welfare W atch has established several task forces , for example, on the welfare of
marginalized groups and on the welfare of children and families with children.

56. An Action Plan for the Period 2007 -2011 t o Strengthen the Status of Children and Young
Persons was passed by Althingi in 2007. The action plan is based on the rights of the child as
defined in the CRC. In 2008 another action plan on child protection , valid f or 2008 -2010 ,
was passed by Althingi. NGOs have criticized authorities for insufficient implementation in

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some areas of the actions laid down in the two Action Plans and have encouraged better
implementation. The Action Plan 2007 -2011 is presently under review. Priorit y has been
given to includ ing issues of access to justice and preven tative measures.

57. Through various legislation, every kind of violence against and misuse of children is
prohibited and punishable. Despite legal safeguards it is estimated that each year 2000 -4000
children 2 are victims of or have to live with domestic violence. Notifications to child
protection committees on violence against child ren have increased substantially, which is of
great concern. NGOs have raised concerns regarding various potential threats to children‟s
future well -being, including violence. Although various statistics on violence are available ,
NGOs have pointed out tha t no regular monitoring has been exercised in Iceland on the
frequency of violence and sexual abuse against children , and that no public authority is
responsible for preventative measures in th is field. NGOs find that research and analysis o f
sexual violence against children must be significantly strengthen ed to understand the problem
better and to organise preventative measures.

F. Violence against women

58. Combating violence against w omen is a high priority of the Icelandic government. In
2006 the government launched an action plan containing 37 actions to fight sexual and
domestic violence. The chief objective of the plan is to combat domestic and sexual violence
directed towards wome n and children and to improve services for victims of such violence
and those who are at risk. The actions include strengthening preventative measures, training
staff, ensuring appropriate assistance to victims and breaking the vicious cycle of violence b y
improving treatment available to perpetrators.

59. Based on the 2006 action plan, five books on violence in intimate relationships have been
published, one textbook for university and four for civil servants working in the field. Several
studies have al so been conducted on the subject; one wide -ranging study revealed that 42% of
Icelandic women had, since the age of 16, been subject ed to violence, threat or physical
contact of a sexual nature that caused distress. Also , during their lifetime 22% of women had
experienced violence in close relationships. Four studies on the provision of public services
for victims of violence in intimate relationships have also been conducted.

60. In i mplementing the plan, the penal code has been amended , adding provisions
authorizing the removal of the party accused of domestic violence from the household and
putting in place a specific restraining order , should domestic violence be susp ected .

61. It is of concern that only a small portion of rape victims file charges, an d few of them lead
to indictments or convictions. Extensive consultation on the matter has been launched under
the auspices of the Ministry of the Interior , with the participation of academics, police, NGOs
working with rape victims, the State Prosecuto r and the judicial branch.

62. A new action plan is now under preparation. The new plan will emphasis e examining
gender -based acts of violence and their prosecution and handling in the judicial system, but
few cases of this nature go all the way through the judicial system. The new action plan will
be in force 2011 -2015.

2 See a new report of Unicef Iceland: https://unicef.is/files/file/UNICEF_skyrsla_um_stodu_barna_2011.pdf

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63. To combat violence against women and to fight international crime, includi ng human
trafficking, in 2009 the Icelandic Parliament passed a law criminalising the purchasing of
prostitution, thereby defining prostitution as a form of violence against women that must be
eliminated. For the same reasons private dancing and strip club s have been made illegal.

64. Female genital mutilation is prohibited in the General Penal Code.
G. Human trafficking

65. Although very few victims have been identified, there are indications that Iceland has
bec ome a destination and transit country for human trafficking in recent years, especially for
women subjected to forced prostitution. Iceland may also be a destination country for women
and men who are subjected to forced labour in restaurants and the buildi ng industry.

66. Human trafficking is a criminal offence in Iceland. Fighting human trafficking is a priority
for the Government. In 2009, a National Anti -Trafficking Action Plan was launched outlin ing
steps to improve prevent ative measures and formal pro visions for victim assistance. A team to
coordinate interagency anti -trafficking activities was set up in November 2009 to deal with
human trafficking cases and assist victims, as well as to oversee the implementation of the
Action Plan.

67. In an effort to reduce the demand for sex trafficking and also to ensure assistance to
possible victims of human trafficking, extensive legal amendments have been made. The
purchase of prostitution has, for example , been criminalised ; nude shows have been
prohibited in Iceland , and victims of human trafficking are entitled to temporary residence
permit s in Iceland. During this period of temporary residence, victims will be provided with
information and assistance and given help.

H. Prohibition of torture and other cruel, inhuman or degrading treatment or
punishment

68. Article 68, paragraph 1 , of the Constitution provides that no one may be subjected to
torture or any other inhuman or degrading treatment or punishment. The General Penal Code
contains provisions classify ing torture as a criminal act. If a public servant subjects someone
to physi cal torture, his/her conduct would fall under the provisions on infringement of
physical inviolability. Offences committed in an official capacity are also criminalised in the
Penal Code.

69. Despite the fact that no term corresponding to “torture” is us ed in the relevant provisions ,
there is no doubt that these criminal provisions apply to any conduct described in Article 1 of
the CAT. In addition, the provisions mentioned are in some respects more extensive in scope
than the definition in Article 1 of t he CAT as they make any misuse of public authority
punishable, not only misuse for the purposes describe d in Article 1. In addition physical
torture is punishable under a large number of criminal provisions, despite the fact that no term

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corresponding to “ torture” is used. In general, all provisions of the General Penal Code make
acts committed against life and limb punishable, including physical torture. 3

I. Deprivation of liberty

70. The separation of juvenile prisoners from adult prisoners is not obligatory under Icelandic
law. According to the Execution of Sentences Act , the age of th e prisoner must be taken into
account when arranging where the execution of i mprisonment shall take place. Every juvenile
prisoner is offered place ment in a regular supervisory facility for children , subject to the
agreement of the child. The practice has been criti cised on the grounds that these measures are
not enough to serve the best interest s of these children. On the other hand, concerns have been
raised that full separation from adult prisoners would lead to isolation of juvenile inmate s
since on average the re is only one such case per year.

71. In 2010 a work group of experts published a report recommending that juvenile prisoners
should be obliged to serve their sentence s in a regular supervisory facility for children.
Following this report, a committee is currently reviewing the Execution of Sentence Act.

72. The European Committee for the Prevention of Torture and Inhuman or Degrading
Treatment or Punishment (CPT) has criticised penal facilities in Iceland inter alia for lacking
separate facilities for juvenile and female prisoners and inadequate custody facilities. The
Government is planning to build a new reception and custody prison that will take note of
comments from the CPT. The construction of this new prison will be in an op en tender in
2011.

73. Facilities for involuntarly admissions to and treatment in medical and mental institutions
have been criti cised inter alia by the CPT that has recommended that the legal framework
should be revised to ensure the rights of the mental ly ill.

J. The right to health
74. The Constitution stipulates that everyone shall be guaranteed necessary assistance in case
of sickness, invalidism or infirmity by reason of old age. The Act on Patient Rights
specifically prohibits discrimination against patients on any grounds. The Act also stipulates
that patients have the right to the best health service available at each time, appropriate to the
patient‟s condition and prognosis and the best knowledge available. The objective of the
Health Ser vice Act is to provide everyone access to the optimum health service possible at
any time in order to safeguard mental, physical and social health. The stated objective of the
Act on Health Insurance is to ensure health -insured persons assistance in protec ting their
health and equal access to health service, irrespective of their financial position.
75. Statistics on longevity and infant mortality rate have cons iste ntly ranked the Icelandic
health service among the best in the world. However , the provisio n of optimum health service
has always been and will always be limited by the funds allocated to the health service. After
the financial crisis in 2008 , the Government has been obliged to make cuts in the state budget,
including the funds allocated for health services. It will therefore be a greater challenge to
3 See Iceland „s Fifth Periodic Report on Implementation of the International Covenant of Civil and Poli tical
Rights Pursuant to Article 40 of the Covenant, April 2010.

13
maintain the standard of health care and fulfi ll the objectives of access to optimum health
service for everyone. Health care providers are however doing their best within their budget ,
and health authorities are monitoring the service to ensure that the citizens have access to
necessary health service s.
K. Immigrants and asylum seekers
1. Immigrants and integration

76. Immigration to Iceland has increased in the recent years. In 2000, 2 .6% of the population
had an immigrant background , while in 2010 the rate was 6 .8% 4. Most immigrants come from
other EEA countries , such as Poland, L ithuania, Germany and Denmark.
The goal of the Icelandic integration policy is to ensure that all residents of the country enjoy
equal opportunities and are active participants in all aspects of society. Social services, health
care and education are prov ided on an equal basis to everyone registered legally in the
country. The collection of information on immigrant issues is vital for the government, for
both policy formulation and assess ing the success of actions taken.
77. In 2008 Parliament adopted a N ational Action Plan on Immigrant Issues that aims to
improve the reception of people immigrating to Iceland and making it easier for them to
become active participants in Icelandic society and pursue their cultural traditions. The plan is
divided into ten chapters , for example, concern ing health and social services, education,
dissemination of information and anti -discrimination.

78. It is the policy of the authorities to ensure that immigrants receive thorough information
about Icelandic society and thei r rights and obligations as residents in Iceland in order to
encourage their successful integration into society. As mastering the Icelandic language is
very important for immigrants ‘ successful integration into Icelandic society, various
organisations off er Icelandic language education for adults aimed at the needs of immigrants.
In most cases participants have to pay a fee to enrol in such education ; however , the lessons
are subsidised by the government , and if a person is unemployed , the lessons are free of
charge.

79. Until 2008 unemployment amongst immigrants was low or nonexistent . It is of concern
that as unemployment has risen in general in Iceland, following the financial crisis,
unemployment amongst immigrants is higher than for Icelandic citizens. This may however
be partly explained by the fact that the construction industry, where many foreign workers
were employed, suffered worse than other sectors following the crisis. The Directorate of
Labour offers various courses aim ed at reducing unemployment amongst young immigrants.
80. A bill is being prepared aim ed at coordinating and improving public services for
immigrants.
2. Refugees and asylum -seekers

81. Icelandic asylum policy and rules on procedure are governed by the Act on Foreigners.
Iceland is a party to the 1951 Refugee Convention and the 1967 Protocol relating to the Status
4 Registers Iceland, www.hagstofa.is.

14
of Refugees. In addition , Iceland is a party to a number of international h uman rights
conventions contain ing rules relevant to the rights of refugees, such as the ECHR, the CAT,
the CRC and others. The Act on Foreigners provides for subsidiary protection and protection
on humanitarian grounds. The Act also reflects respect for t he principle of non -refoulement.

82. Extensive amendments were made to the asylum chapter of the Act on Foreigners in 2010.
The amendments cover inter alia a regime for subsidiary protection, more precise rules
regarding residence permits on humanitaria n grounds, further legal aid to those receiv ing a
negative decision and partially cover asylum seekers during procedure at the first level
instance and rules regarding reception conditions. Several amendments were also made to
establish safeguards for the protection of unaccompanied minors apply ing for asylum in
Iceland.

83. Applicants unable to provide for themselves during their stay in Iceland are offered
support and housing through the Directorate of Immigration.
84. All negative decisions can be appea led to the Ministry of Interior. Free legal aid is
provided for all asylum seekers at the second level instance. The Ministry independently
reviews all cases appealed to it. In addition to the two administrative levels, everyone is
entitled to a court proc edure and appeal. Some criticism has been raised regarding the
placement of the appeal functions with the Ministry , and it has been pointed out that an
independent appeal body would be more appropriate.
85. I n cases regarding applications for asylum the authorities have a statuatory obligation to
cooperate with the UNHCR and can request information when necessary. The Icelandic Red
Cross has close cooperation with UNHCR in this field. There is also close co mmunication
between the Icelandic Red Cross and t he Directorate of Immigration.
86. Despite low numbers of asylum seekers in Iceland 5, the authorities have dealt with a few
challenges in this area , such as lengthy process ing of asylum applications. Despite efforts to
decrease the procedur al time , challenges are still present. Following the financial crisis the
tighter situation on the labour market has made it difficult for asylum seekers to receive a
preliminary residence an d work permit.
87. Iceland has received groups of refugees for resettlement since 1956. Between 1956 and
2010 a total of 516 refugees were resettled in the country. Since 2005 receiving groups in line
with UNHCR‟s resettlement criteria o n Women at risk ha s been emphasised . The Icelandic
Refugee Committee has overseen the reception of refugees annually or every other year,
approximately 22 refugees each year, as a part of the UNHCR Resettlement Programme. 6 It is
a precondition that resettlement takes place bas ed on an arrangement with UNCHR and upon
their request. The individual‟s need for protection has to be confirmed by the UNHCR , and
the ability of the state, local authorities and Red Cross to provide s ufficient support to the
refugees is taken into consideration. The Icelandic programme for the reception of
5 35 -117 annually 6 For further information on Icelandic policy on rec eption of resettlement refugees, see the following report :
https://esb.utn.is/media/esb_svor/24_ -_Justice,_Freedom_and_Security/Ch._24_ –
_Justice,_Freedom_and_Security -_FINAL.pdf
https://eng.velferdarraduneyti.is/information/refugees/

15
resettlement refugees has proved to be very successful and has therefore drawn considerable
attention abroad.
L. Decent work / employm ent

88. In Iceland decent working conditions and respect for worker‟s rights are considered
essential elements for fair and balanced social development. Trade unions are well established
in Iceland, and the vast majority of workers in Icela nd are unionised. The Constitution
specifically safe guards trade unions but also contains a special provision guaranteeing the
right to remain non -unionised.

89. Organisations of social partners negotiate workers‟ wages and terms and also other
working co nditions in the course of free collective bargaining. Furthermore, the organisations
of the social partners have agreed between themselves most of the rules applying to the
Icelandic labour market, and it may be said that the labour market system is based, in all its
essentials, on an agreement between these parties. There is also a long tradition of tripartite
dialogue between the Government and the social partners on labour market issues and other
related economic and social issues. In cases where laws or regulations are to be set on issues
regarding the labour market, the government has attached particular priority to having close
consultation with the social partners regarding the formulation of such rules.

90. In recent years, the social partners and the Government joined forces in fighting social
dumping in the labour market. New legislation entering into force in 2010 aim s at ensuring
workers‟ rights and preventing illegal work ; it is a result of th is cooperation. Its purpose is to
ensure that employers in the national labour market and their employees obey the law,
regulations and collective agreements that are in effect. As a result surveillance by the social
partners ‘ representatives will be better ensured.

91. Similar legislation has been adopted on the rights and obligations of foreign undertakings
temporarily posting workers to Iceland. Its main purpose is to give Icelandic authorities a
better overview of the status o f the national labour marke t regard ing the operations of foreign
service providers in the country as well as the number of foreign workers work ing for th ese
undertakings. Furthermore, the goal is to maintain surveillance of the Icelandic labour market
so that the law and collective agreements in effect are respected , and so that the position of
workers posted temporarily in Iceland by foreign undertakings is further guaranteed. Further
aim s of the legislation are to ensure that foreign workers posted temporarily in Iceland by
foreign undertakings stay and work legally in the country , and that reliable information
regarding these foreign workers is available.

92. Legislation has been adopted regarding the working environment, health and safety in the
workplaces on land, at sea and in the air. Special bodies are responsible for administrating and
monitoring each of the acts. In general, the acts state that the employers shall make clear to
the employees the accident and health hazards that may be involved in their work, and ensure
a goo d working environment and that the employees have sufficient education and training to
carry out their work in such a way that no danger will result from it.
M. Management of the fisheries system

93. F or the first time the Human Rights Commission issued an opinion in a complaint against
Iceland under the Optional Protocol to the CCPR (Haraldsson and Sveinsson v. Iceland of 24

16
October 2007 , No. 1306/2004 ). The conclusion was that the Government of Iceland had not
shown tha t the particular design and modalities of implementation of the quota system under
the Icelandic Fisheries Management Act met the requirement of reasonableness. The
Committee concluded that, in the particular circumstances of the case, the property
entitle ment privilege accorded permanently to the original quota owners, to the detriment of
the authors, was not based on reasonable grounds and that this disclosed a violation of Article
26 of the Covenant.

94. Following the opinion, the Icelandic Government s tated to the Human Rights Commission
that an overall review of the Icelandic fisheries management system would be carried out in
the near future with a view to its amendment. The Government Coalition Platform states that
further action is required followin g the opinion of the UN Commission on Human Rights, for
instance, by honouring freedom of employment and ensuring equality in the allocation of
utilisation rights and access to the common resource. 7 On th is basis, t he Government has
presented new legislative bill s aimed at increasing the possibilities for participation of thos e
not current ly stakeholders in the system. The bills have not been passed in Parliament, and a
stong debate is ongoing on the matter in a broad context.

N. Freedom of opinion and expression

95. Freedom of opinion and express ion is protected by Article 73 of the Constitution. Article
73 of the Constitution was formulated with Article 10 of the ECHR and Article 19 of the
ICCPR in mind . Limitations on freedom of expression can be found in the Icelandic
legislation , and they must comply with the criteria stipulated in Article 73(3) and Article
10(2) of the ECHR .

96. E xtensive case law has been established , where the Icelandic courts are confronted with
balanc ing freedom of expression and the right to private life. The courts have applied the
principles of the European Court of Human Rights in this respect. Accordingly, they have
confirmed that freedom of expression is wider in the context of political debate , and that
debate of public interest and restrictions must not undermine the democratic need to exchange
information and opinions freely. Furthermore, they have confirmed the role of the media in
impart ing information in a democratic society in matters of public concern.
97. In recent years , media pluralism and diversity and media concentration ha ve been subjects
of heavy political debate in Iceland. A new media law, passed in 2011 , aims at promot ing
freedom of expression, freedom of information, media literacy, variety and pluralism of medi a
and enhanc ing consumer protection in the area. The media law includes provisions ensuring
editorial independence, prohibition against hate speech, improved protection of journalists‟
sources, new rules on the right to reply as well as coordinated rules o n media liability for all
types of media. Provisions on editorial independence are intended to prevent dominant
shareholders in the media sector from limiting freedom of expression and information, and to
prevent ownership positions from being used to prom ote the owners‟ own political or
financial interests. Provisions on ownership transparency include obligations to report
changes in the ownership structure of the media service providers. Furthermore a political
committee has been appointed to draft an add itional provision on media concentration
amending the media law.
7 https://www.government.is/government/coalition -platform/

17
98. In 2010, Parliament passed a resolution, supported by parliamentarians from all political
parties, for Iceland to strongly position itself on the protection of freedom of expression and
information. The aim of the resolution is to create a comprehensive policy and an
internationally leading legal framework to protect the freedom of expression needed for
investigative journalism , there by improv ing democracy through the power of transparency .
O. Freedom of thought, conscience and religion

99. The right to enjo y freedom of thought, conscience and religion is protected in the
Constitution. Article 63 provides that all persons have the right to form religious associations
and to practice their religion in conformity with their individual convictions. Nothing may,
however, be preached or practised which is prejudicial to good morals or public order. Article
64 provides that no one may lose any of their civil or national rights on account of their
religion, nor may anyone refuse to perform any generally applicable c ivil duty on religious
grounds.

100. Article 62 of the Constitution provides that the Evangelical Lutheran Church shall be the
National Church in Iceland and, as such, be supported and protected by the State. The
Supreme Court of Iceland has foun d in the judgment of 25 October 2007 , Case No. 109/2007,
that this system is not in violation with the freedom of religion and the principle of equality.
This is not undisputed, as a debate on the statutory status of non -religious life stance groups
versus the religious associations is ongoing in Icelandic society. The topic is one of many
under discussion for the revised Constitution in the Constitutional Council as well as in
Parliament.

101. In accordance with Articles 63 and 64 of the Constitution, no one is obliged to be a
member of a religious association in Iceland. The Act on Registered Religious Associations
grants allows found ing religious associations outside the National Church of Iceland without
any obligation to give notice to government auth orities of their establishment or operation.
Registration is however required to enable religious associations‟ officials to perform
ceremonies having legal consequences and is also a condition for the State‟s collection of fees
from the members. For this purpose, Registers Iceland maintains a record of what religious
association, if any , a person belongs to.

102. There is no legislative framework for conscientious objection. Iceland has never had a
military force and no practical issues have been raised regarding the right to conscientious
objection.
P. Freedom of assembly and association

103. Article 74, paragraph 3, of the Constitution guarantees the right to assembly. Following
the effects of the glob al financial crisis that hit Iceland particularly hard in October 2008, the
country witnessed the largest public demonstrations in its history. In the early months of
2009, continued protest meetings were held in front of the Parliament Building, the
Government ministries and other public bu ildings , where thousands of people gathered on
several occasions to protest. These demonstrations took the form of both organized outdoor
meetings, announced in advance, and gatherings that were not specifically announced and had
no structured agenda.

18
104 . While these demonstrations were for the most part peaceful, there were exceptions to
this. Despite this situation of unrest lasting many weeks in the city, the police never banned
public meetings because of a danger of public disorder, as they are permit ted to do under the
Constitution. These protests gradually decreased after the Government resigned ; a new
Government took over , and a date was set for a general election that was held in May 2009.

105. During the protests, the communication between prote stors and the police was
challenged. Eventually , a group of demonstrators was charged with breaking into Althingi‟s
building, assaulting its employees and interrupting a meeting of the Parliament. This was the
first time since 1949 that charges were issued on these grounds. Five of the demonstrators
were acquitted in the District Court of Reykjavik; two were sentenced to probation and
an other two to paying fine s.

106. The freedom of association is protected by the first and second paragraphs of Article 74
of the Constitution. The scope of protection also covers negative freedom of association.

107. The Constitution speci fic ally refer s to the establishment of political associations and
trade unions, which are seen as the most important associations operating in democratic
societies. No obligation is placed upon p olitical associations to register or make notice of their
establishment or operation. Financial support of po litical associations by foreign entities is
prohibited. This restriction is based on public interests, and its aim is to prevent foreign
entities from coming to power in national politics. Political associations running candidates in
parliamentary or munic ipal elections and meet ing certain conditions are guaranteed funding
from the central and local government. M aximum financial contributions from legal entities
are also stipulated by law.

108. No conditions are placed on the establishment or operation of trade unions, and no one is
obliged to belong to a trade union. Trade unions are not under any obligation to register or
notify the authorities of their establishment or operation. However, certain rules are stipulated
by law on the operation of trade uni ons. Particular rules apply to civil servants, as lawfully
established trade unions represent them. Certain conditions are placed on the establishment of
trade unions by civil servants and on strike action. The right of some civil servants to strike is
res tricted, on grounds of public interests. This applies, for example, to members of the police
and employees in the field s of administration of justice and in the field of health care.
Q. Human rights education

109. Welfare and well -being of children and adolescents is defined as a basic principle of all
school activity in new legislation in 2008 on pre -school education, compulsory school
education and upper secondary school education. The role of the schools to encou rage pupils’
general development and prepare them for active participation in a democratic society is
emphasised at all three school levels.

110. Iceland has taken an active part in the Council of Europe‟s project “Education for
Democratic Citizenship an d Human Rights Education “. In December 2008 the Ministry of
Education, Science and Culture published a report and guidelines on human rights education
on their website. Furthermore , a new National Curriculum for Pre -Schools, Compulsory
Schools and Upper Se condary Schools was published in 2011. It contains six fundamental
pillars of education; l iteracy in a broad sense, democracy and human rights, equality,
education for sustainability, creativity and health and welfare.

19

111. Actions are being taken to ensure the implementation of the National Curriculum with
the development of teaching material for pupils and handbooks for teachers, planned
education for teachers and financial support for projects to implement the new curricul um.
The implementation of the National Curriculum will be monitored.

R. Environmental rights

112. Participatory rights regarding environmental matters are ensured in Icelandic
environmental legislation. Furthermore, public authoritie s and private entities carry ing out
any public service are required by law to provide environmental information to the public.
The right to participate in decision making on environmental matters is safeguarded in several
acts of law. This includes the req uirement of public consultation before an Environmental
Impact Assessment is finalised, before municipalities adopt local plans, before the deliberate
release and plac ement on the market of Genetically Modified Organisms , as well as before an
operati ng lic ense can be granted to a polluting operation. Furthermore , a bill is before
Parliament that is to ensure access to justice in environmental matters in order to align
Icelandic law with the UNECE Convention (Aarhus Convention) on Access to Information,
Pub lic Participation in Decision -making and Access to Justice in Environmental Matters. The
Convention, which links human rights and environmental rights, will be ratified in 2011.
S. Poverty / Economic crisis
113. There is no offic ial definition of poverty in Iceland. However , Statistics Iceland has
participated in EU -SILC since 2004 and publishes its findings on a yearly basis. According to
the EU criteria, 9.8% of the Icelandic population were under the “at -risk -of -poverty”
thresh old in 2010. Analys is by age and gender shows that the percentage of those below the
poverty threshold in 2010 is highest for women 18 to 24 years old (19% ) and lowest for males
65 years and older (or 2.5% ). Analys is by household types shows that single pa rents are at
greatest risk of falling under the threshold “at risk of poverty” (30% ), followed by single
males (23.3% ). Tenants are much more likely to fall under the said threshold than home
owners, or 22.2% compared with 7.2%.
114. Iceland ‘s welfare system aims at preventing poverty with accessible health care at
minimum cost for all citizens, free education for children and young persons between 6 and
20 years old and quality childcare at low cost for children between 1½ to 2 years up to
ele mentary school. Meals are provided for all pre – and elementary school children. The Social
Security Act provides all persons with disability a minimum level of income. The Act on
Rental Support, aims at decreasing the cost of rent for low -income individual s and families.
115. The purpose of the Local Authorities‟ Social Services Act is to guarantee financial and
social security and to promote the welfare of their inhabitants on the basis of mutual aid . The
local authorities provide individuals and families , who are unable to provide for themselves,
with minimum payments as well as social counselling. Temporary housing solutions are also
provided . Local Authorities‟ Social Services provide various types of counselling , for
example, on parenting and family is sues as well as financial matters.

116. The child benefit scheme applies to all children under 18 years of age and is linked to the
custodian ‘s income.

20

117. Following the financial crisis in 2008, the new Government appointed a steering
committee, called the Welfare W atch, to monitor welfare issues. The Welfare W atch is
expected to monitor systematically the social and financial consequences of the economic
situation for families and individuals and propose measures to meet the needs of households.
The committee consists of 21 members, including representatives of the social partners,
ministries, NGOs and the local authorities. The Welfare Watch has established several task
forces on specific welfare issues, focus ing specifically on the rights and we lfare of children ,
and has made several proposals on remedies to the relevant authorities.
T. Access to courts

118. Legal aid is a financial contribution from the Government to individuals who for certain
reasons need assistance to pay legal fees resulting from their being a party to a court case. In
certain cases, a right to legal aid is stipulated in law, such as when seeking damages for an
illegal search conducted by authorities , and when an advisory opinion is required from the
EFTA Court in court proceedings. In other cases, such as private lawsuits, the provision of
legal aid is subject to the approval of an applic ation to a Legal Aid Committee. Certain
criteria, such as lack of economic means, must be met in order to receive legal aid. As a
general rule an applicant for legal aid may not have income exceeding ISK 2 mil lion per year,
although legal aid can be grante d to a person with income exceed ing the aforementioned
amount under certain circumstances , such as when it is foreseen that the cost of the case will
be high in comparison with the person ‘s income. Despite the fact that the target income
amount has recentl y been raised , it is criticised as being too low , which has raised issues on
whether access to courts is de facto restricted, as the prospect of bearing legal fees can drive
the low -income population away from seeking access to the judiciary system.
IV. National human rights priorities
A. Ratification of international human rights instruments

119. Iceland will continue mak ing efforts to ensure that Icelandic legislation is in line with
international hum an rights instruments. Iceland intends to ratify the International Convention
on the Rights of Persons with Disabilities, as well as its optional protocol, the International
Convention for the Protection of All Persons from Enforced Disappearance and the o ptional
protocol to the UN Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment. Iceland also intends to ratify the UNECE Convention on Access to
Information, Public Participation in Decision -making and Access to Justice in Environmental
Matters (The Aarhus Convention), as well as s everal Council of Europe Conventions

B. Implementation of human rights in Iceland
120. Extensive emphasis will be placed on democratic, judicial and executive reform.
Possibly, changes to the Elections Act will be prepared, to equa lise the weight of votes ,
thereby responding to recommendations made by the OSCE concerning elections.
121. Human Rights Conventions signed and ratified by Iceland will continue to be transposed
into Icelandic law and a Human Rights Policy drafted following Nordic models. Education in
human rights will be increased at all levels of education.

21
122. More attention will be given to e qual rights issues within public administration. Actions
will be taken to eliminate the gender pay gap and gender -based violence.
123. An effort will be made to improve the legal status of transgender persons in accordance
with recommen dations from the Althingi Ombudsman.
124. Emphasis will be placed on ensuring the rights and participation of people of foreign
origin and further possibilities on revised legislation on asylum and immigration explored.
125. N ew legislation prohibiting di scrimination in a broader sense is under consideration. 8
C. Iceland’s international priorities

126. Iceland will continue to promote and protect human rights internationally and fight
discrimination. The government of Iceland emphasises working for human rights an d gender
equality, peace and security and combating poverty, social injustice, inequality and famine,
for instance, with focused foreign aid.

127. Efforts will continue to advance gender equality and ensure equal rights for women and
men in every aspect. Iceland has given particular focus to women‟s empowerment and
participation in decision making. Advancing the aims of UNSCR 1325 and related resolutions
on women, peace and security is a priority. Iceland‟s second National Action Plan on the
implementatio n of UNSCR 1325 will be published in 2011. Gender and climate change is
another focus area. Iceland will continue to emphasise the importance of the gender
perspective of climate change , especially the principle of equal participation , and that women
are i mportant stakeholders .

128. Iceland will continue to promote and protect the rights of the child and intensify efforts
to combat discrimination based on sexual orientation or gender identity. Iceland will also
continue to advocate respect for human right s in the fight against terrorism.

129. Iceland emphasises human rights in its development assistance and works towards
reaching the United Nations Millennium Development Goals. Particular focus is given to
women‟s empowerment and gender mainstreaming.
8 The new legislation will be based on Council Directives 2000/43/EC, Equal Treatment between Persons
Irrespective of Racial or Ethnic Origin, and 2000/78/EC, General Legal Framework on Equal Treatmen t in
Employment.