| For a summary of Iceland’s review at the first cycle please click here. |
26th UPR session
Date of review: 1 November 2016
Date of report adoption: 19 December 2016
Document number: A/HRC/34/7
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SUMMARY SOGIESC issues during Iceland’s 2nd UPR review |
I. SOGIESC issues/recommendations identified by NGOs
Equality and non-discrimination
25. JS2 reported that in May 2015, the ombudsperson for children issued a statement condemning non-medically necessary interventions on a child’s sex characteristics without informed consent.
26. JS2 reported that while the law on hate crime and hate speech did mention sexual orientation and gender identity, it did not refer to sex characteristics, which would protect intersex people. On the rights of trans persons, JS2 reported that legal gender recognition was bound to diagnosis of gender identity disorder. People who wanted to undergo a transition required such a diagnosis. JS2 stated that the transition process was not open to gender non-conforming trans people, non-binary trans people and anyone else who fell outside the binary spectrum of women and men. The current legislation on health care for trans people did not cover trans youth and the health care services they required
Migrants, refugees and asylum seekers
59. JS2 reported that over the last three years, Iceland had seen a rapid rise in numbers of people seeking asylum, including LGBTQIA+ asylum seekers. The Directorate of Immigration followed the UNCHR guidelines for claims to refugee status based on sexual orientation and/or gender identity. Those guidelines clearly stated that training of all staff members, including translators, was essential for being able to follow the guidelines as expected. JS2 reported that the Directorate of Immigration offered no such training to its staff. JS2 called for such training for all staff members at the Directorate of Immigration. Stressing the vulnerable position of LGBTQIA+ asylum seekers, JS2 insisted that their deportation under the Dublin regulation be discontinued.
II. Excerpts on SOGIESC issues from the national report
25. The National Commissioner of the Icelandic Police (NCIP) has issued an action plan on Gender Equality within the Police which aims at promoting equality and equal opportunities for men and women regarding professional development and representation irrespective of sex, sexual orientation, social standing or race. Its implementation is carried out by a specially appointed Police Equality Officer by the NCIP who cooperates with all police districts on its successful implementation. In addition, the NCIP Equality Officer will promote actions against bullying and sexual harassment within the Police. Recent legislative amendments to the Police Act aiming at increasing the quality and capacity of the police, dictate a restructuring of Police education whereby the education of police officers will be shifted to the university level this autumn and a NCIP Centre of Police Training and Development will be in charge of special training and development within the Police.
Rights of LGBTI+
34. Iceland has demonstrated high standards regarding equal rights and nondiscrimination on the basis of sexual orientation and gender identity for many years. In particular same-sex couples enjoy identical status to heterosexual couples in relation to marriage, adoption and artificial fertilization.
35. The Constitution guarantees equality before the law and the enjoyment of human rights for all. Accordingly, discrimination on any grounds, including on the grounds of sexual orientation, gender identity or sex characteristics, is prohibited. According to Article 233 (a) of the General Penal Code, it is punishable to publicly mock, defame, denigrate or threaten a person or group of persons for their nationality, colour, race, religion, sexual orientation or gender identity, or disseminate such materials. The Media Act contains a provision against hate speech and incitement to criminal activities.
36. A committee composed of representatives from the LBGTI+ community and all political parties in parliament, as well as experts in the field, was established in 2014 to prepare an action plan to improve the status and situation of LBGTI+ people, including on matters such as neutral gender registration and family rights.
37. An Act adopted in 2012, on the legal status of individuals with gender identity disorder, contains provisions concerning the rights of individuals with gender identity disorder, their right to healthcare and decisions on diagnosis and treatment. Moreover, the registered name and sex of people can now officially be changed upon request, following an 18-month transition period and on the basis of a medical assessment and an expert panel review.
38. According to an opinion issued by the Ombudsman for Children in 2015, unnecessary surgical or hormonal treatment on intersex children should not be performed. Whenever possible, intersex children should be allowed to make informed decisions about their treatment when they have developed an awareness of their own gender identity. Under the Icelandic legislation, a person’s right to formally report medical misconduct to the Directorate General of Public Health is subject to a ten-year statute of limitation. It has been pointed out that this can limit legal options for adult intersex people who have been subject to such treatment as children.
Hate crimes and hate speech
92. According to Article 233 (a) of the General Penal Code, it is punishable to publicly mock, defame, denigrate or threaten a person or group of persons for their nationality, colour, race, religion, sexual orientation or gender identity, or disseminate such materials. The Media Act contains a provision against hate speech and incitement to criminal activities.
93. The Metropolitan Police have appointed a specialist to increase the capacity to deal with such matters. The police have in recent years dealt with cases concerning hate speech on the grounds of, among other things, sexual orientation, gender identity, religion and race.
Media
121. In 2013 various amendments were made to the Media Act to strengthen human rights and democratic principles. […] Article 27 of the Media Act explicitly strengthens the prohibition against hate speech and incitement to criminal activity; media outlets may not encourage criminal activity nor may they engage in direct incitement of hatred on grounds of race, sex, sexual orientation, religious belief, nationality, cultural, economic or social situation or other status.
Iceland’s international human rights priorities
143. Iceland actively promotes the elimination of all forms of discrimination, including based on sexual orientation and gender identity; the rights of the child, action against trafficking in human beings, the protection of human rights while countering terrorism and violent extremism, as well as the elimination of torture, the death penalty and extrajudicial executions
III. Excerpts on SOGIESC issues by UN agencies
Equality and non-discrimination
24. The Working Group [on discrimination against women] noted that a new law on the rights of transgender individuals had been adopted in 2012, improving their legal status.
IV. References to SOGIESC issues during the Working Group review
26. The United States of America commended Iceland for its commitment to tolerance, gender equality and the rights of lesbian, gay, bisexual, transgender and intersex persons and the reception of Syrian refugees for resettlement. […]
27. Uruguay welcomed the efforts of Iceland to promote gender equality, advance the rights of lesbian, gay, bisexual, transgender and intersex persons in the areas of marriage and adoption and address domestic violence through a multisectoral approach, but noted that the national plan of action to combat sexual and gender-based violence had not been renewed.
33. Australia […] noted the lack of comprehensive legislation to protect the rights of intersex people and called on Iceland to strengthen protection for lesbian, gay, bisexual, transgender and intersex persons.
56. Greece commended Iceland for its recent activities to promote gender equality, the amendments to the Gender Equality Act, including quotas, commitments to promote and protect the rights of lesbian, gay, bisexual, transgender and intersex persons, its comprehensive integration policy for refugees and migrants and the significant efforts made on behalf of the elderly and persons with disabilities.
88. An action plan was being prepared to improve the status of lesbian, gay, bisexual, transgender and intersex persons.
112. Human rights and equality education had been introduced in the school curriculum and provided to all stakeholders. Within the framework of that curriculum, some municipalities had organized plans for education on the rights of lesbian, gay, bisexual and transgender persons in schools. […]
V. Conclusions and/or recommendations
Iceland accepted the following recommendations:
115.44 Enact legislation that includes protection from discrimination on the basis of intersex status (Australia).
VI. Further information
You will find all documents relating to Iceland’s second review at UPR-Info and OHCHR’s websites.