Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Iceland (Ratification: 1963)

Article 1 of the Convention. Discrimination on grounds other than sex. The Committee recalls that there is an absence of comprehensive anti-discrimination legislation addressing discrimination on grounds other than sex. It notes the Government’s indication that various projects have been carried out which all aim at implementing European Council Directive 2000/43/EC and Council Directive 2000/78/EC, including a study examining labour force participation of immigrants. The Ministry of Welfare is reviewing the results of the projects, including recommendations on drafting comprehensive anti-discrimination legislation for the implementation of the two Council Directives. The Committee asks the Government to take concrete steps toward the adoption of anti-discrimination legislation addressing all aspects of employment and occupation and covering at least all the grounds enumerated in Article 1(1)(a) of the Convention, including race, colour, religion, political opinion, national extraction, and social origin.

Article 1(2). Inherent requirements of a particular job. The Committee recalls section 2(2) of the Act on Equal Status and Equal Rights of Men and Women No. 10/2008, which provides for exceptions to the definition of indirect discrimination. The Committee again asks the Government to provide information on cases in which exceptions may be “appropriate, necessary or justifiable in terms of impartial considerations independent of gender” pursuant to section 2(2) of Act No. 10/2008, and to ensure that these exceptions are limited to the inherent requirements of a particular job under Article 1(2) of the Convention.

Article 2. Equality of opportunity and treatment for men and women. The Committee notes with interest the adoption of the Act amending the Act on Public Limited Companies and the Act on Private Limited Companies, No. 13/2010, which stipulates that on the Board of Directors of public limited companies and private limited companies employing more than 50 employees on average per year, the proportion of either sex shall not be lower than 40 per cent when the board is composed of more than three members. The provisions will enter into force on 1 September 2013. The Committee also notes the statistical information provided by the Government that men’s labour force participation was 84.5 per cent, while women’s labour force participation was 77.6 per cent in 2010. The unemployment rate was 8.5 per cent for men and 7.3 per cent for women in 2010. While noting the Government’s indication that the external audit of the 2004 action plan to promote gender equality was cancelled due to severe budget cuts following the economic crisis of 2008, the Committee notes the Gender Equality Action Programme for 2011–14 as set out in the Parliamentary Resolution of May 2011. The measures to be taken under this Action Programme include ensuring women’s access to capital for establishing business, and women’s loan guarantee fund, and access for women and men to professions traditionally assumed by either sex, including women’s access to film making and access of women and men to funding for scientific research. The Committee asks the Government to provide information on the practical application of Act No. 13/2010, with respect to increasing the proportion of women on Boards of Directors. It also asks the Government to provide information on the measures taken to address the occupational gender segregation in the labour market, and to combat the stereotypes concerning men and women in employment and occupation, including the measures taken to implement the Gender Equality Action Programme 2011–14. The Committee further asks the Government to ensure that the measures taken to promote equality of opportunity and treatment for men and women are not adversely affected by austerity measures.

Equality policies of municipalities. The Committee notes the Government’s indication that in addition to Reykjavik, Akureyri, Hafnarfjorour and Kopavogur have adopted human rights policies. In Reykjavik, developing an equality evaluation system is foreseen, and the human rights policy has been introduced in most of the workplaces. In addition, Reykjavik, Akureyri, Akranes, Hafnarfjorour, Kopavogur and Mosfellsbaer have signed the European Charter for Equality of Women and Men in Local Life. The Committee asks the Government to provide information on the practical application of the human rights policies adopted by the municipalities, including the results achieved, as well as any measures taken concerning equality of opportunity and treatment in employment and occupation in the context of the European Charter for Equality of Women and Men in Local Life.

Equality of opportunity and treatment in employment and occupation irrespective of race, colour or national extraction. The Committee notes that section 4 of the Act on the rights and obligations of foreign undertakings that post workers temporarily in Iceland and on their workers’ terms and condition of employment, No. 45/2007, as last amended in 2011, ensures that Icelandic legislation applies to workers temporarily posted in Iceland. The Committee asks the Government to provide information on any measures taken to raise awareness of workers posted temporarily in Iceland, as well as other migrant workers, of the rights and remedies available to them with a view to ensuring equality of opportunity and treatment in employment and occupation irrespective of race, colour or national extraction.

Parts III and IV of the report form. Enforcement. The Committee notes the Government’s indication that in two judgments delivered by the Supreme Court concerning recruitment, the Court did not find any violation of Act No. 10/2008. It also notes that the Complaints Committee on Gender Equality received 11 cases since Act No. 10/2008 came into force. In two recruitment cases, the Complaints Committee did not find any violation of the law; in one recruitment case, violation of the law was found; and two cases are still pending. The Committee further notes the Government’s indication that the Administration of Occupational Safety and Health (labour inspection services) is not in charge of the application of the Convention, therefore it has not taken any action in this regard. The Committee asks the Government to continue to supply information on any court or administrative decision relating to the application of the Convention, and also on the results of the work of the Complaints Committee on Gender Equality, as well as detailed information on the investigation and enforcement powers of the Centre for Gender Equality. Please also provide information on any monitoring mechanisms that address non-discrimination in employment and occupation on grounds other than sex.