Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

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

Article 1 of the Convention. Grounds of discrimination. For a number of years, the Committee has been requesting the Government to take steps towards 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. The Committee notes the Government’s indication that three Bills implementing the European Union Council Directive 2000/43/EC will be submitted to Parliament in the first half of 2014: the Bill on Equal Treatment in the Labour Market, which ensures equal treatment regardless of race, ethnic origin, religion, belief, disability, age, sexual orientation or transgender identity; the Bill on Equal Treatment regardless of race or ethnic origin, which ensures equal treatment in all spheres of society other than the labour market; and the Bill on the Administration regarding Equality, which combines the provisions on administration in relation to equal treatment regardless of race, ethnic origin, religion, belief, disability, age, sexual orientation or transgender identity and the provisions related to gender equality in a single statute. The Committee notes, however, that the Bills do not cover discrimination on the grounds of colour, social origin, political opinion and national extraction. The Committee expresses the firm hope that the Government will take the necessary measures to ensure that the new anti-discrimination legislation includes provisions addressing discrimination with regard to all aspects of employment and occupation, on all the grounds covered by the Convention, including race, colour, religion, political opinion, national extraction and social origin. The Committee requests the Government to provide information on any development in this regard.

Article 1(2). Inherent requirements of a particular job. Noting that the Government’s report contains no information on this subject, the Committee reiterates its request for information on the practical application of section 2(2) of the Act on Equal Status and Equal Rights of Men and Women, No. 10/2008, according to which exceptions to the definition of indirect discrimination may be “appropriate, necessary or justifiable in terms of impartial considerations independent of gender”. Please also provide information on how it is ensured in practice that the exceptions provided for in section 2(2) 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 that according to the Government it is still too early to draw conclusions about the impact of the Act amending the Act on Public Limited Companies and the Act on Private Limited Companies, No. 13/2010, noted by the Committee in its previous comments. The Government provides information on the increase in the participation of women in boards of directors and management positions, and acknowledges that progress has been slow. The Government further indicates that, in the framework of the Gender Equality Action Programme 2011–14, a project to address occupational gender segregation in the labour market and the stereotypes concerning men and women in employment and occupation is planned to be implemented by the end of 2013. The Committee asks the Government to continue to provide information on the steps taken, in the framework of the Gender Equality Action Programme or otherwise, to address occupational gender segregation and the stereotypes concerning men and women in employment and occupation, including on their impact and the concrete results achieved. Please also provide information on the progress made in increasing the proportion of women on boards of directors as a result of Act No. 13/2010.

Equality policies of municipalities. The Committee notes the Government’s indication that, as of 2012, 36 out of the 76 municipalities in the country had adopted gender equality programmes. The Government also indicates that, in July 2012, municipalities were requested by the Centre on Gender Equality to submit reports on the situation and developments in the field of gender equality at the municipal level. The Committee notes that, according to preliminary figures provided by the Government, the proportion of women among municipal representatives has increased significantly from 4 per cent in 1974 to 40 per cent in 2010, and that, in 2011, 32 per cent of mayors and directors of municipalities were women. The Committee requests the Government to provide information on the practical application of the gender equality programmes adopted by the municipalities, and the results achieved. Please also provide information on any measures adopted as a follow up to the findings of the reports on the situation and developments in the field of gender equality at the municipal level, 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 once again requests 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 information provided by the Government in its report under the Equal Remuneration Convention, 1951 (No. 100), on the mandate of the Gender Equality Complaints Committee, as well as the information on the investigation and enforcement powers of the Centre for Gender Equality. The Government also indicates that there are no monitoring mechanisms in place to address non-discrimination in employment and occupation on grounds other than sex. The Committee notes further the Government’s indication that eight cases were brought before the Gender Equality Complaints Committee in 2012, while five cases had been lodged as of June 2013. Violations of the Gender Equality Act were found in two of the cases dealt with by the Complaints Committee in 2012. The Government also provides information on a decision of the Icelandic Supreme Court of Justice in a case concerning unpaid wages, sexual harassment and demand for compensation. The Court rejected all three claims. The Committee asks the Government to continue to provide information on any court or administrative decision relating to the application of the Convention, and on their outcome. The Committee also requests the Government to indicate how adequate protection of workers is ensured in practice against discrimination on grounds other than sex.