| For a summary of Iceland’s review at the second cycle please click here. |
12th UPR session
Date of review: 10 October 2011
Date of report adoption: March 2012
Working Group report: A/HRC/19/13
| Summary
Presentation of national report: Iceland noted that in 2010 Parliament unanimously adopted legislation providing for a gender-neutral definition of marriage, ensuring the same legal status for heterosexual and same-sex married couples. It stated that steps are also being taken to improve the legal status of transgender people. Discussions: Brazil, Spain and Israel noted efforts taken by Iceland on issues relating to sexual orientation and gender identity. However, no recommendations on these issues were made. |
I. Key issues/recommendations identified by NGOs
- Take measures to respect and legally recognise each person’s self-defined gender identity;
- Ensure that changes to identity documents are recognised in all contexts where the identification of persons by gender is required,
- Provide social support for all persons experiencing gender transitioning or reassignment
- Implement the Yogyakarta Principles on the application of international human rights law in relation to sexual orientation and gender identity as a guide to assist in policy making.
II. Excerpts from input reports
National report
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 constitutional 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.
B. Non-discrimination and equality
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 of 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 Marriage 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. That same year an amendment was made to the 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 emphasised 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 protect 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 investigation 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.
IV. National human rights priorities
B. Implementation of human rights in Iceland
123. An effort will be made to improve the legal status of transgender persons in accordance with recommendations from the Althingi Ombudsman.
C. Iceland’s international priorities
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 rights in the fight against terrorism.
Compilation of UN information
III. Achievements, best practices, challenges and constraints
62. In June 2010, the High Commissioner for Human Rights commended Iceland for achieving significant progress through recent legislation removing legal impediments to same sex marriages, and strengthening the independence of the judiciary and freedom of expression.
Summary of stakeholders’ information
II. Promotion and protection of human rights on the ground
B. Implementation of international human rights obligations
1. Equality and non-discrimination
16. JS1 stated that no definition of the term “transgender” was available under the law, legal provisions relating to transgender issues were practically non-existent and there was no case law on the issue. A recent Opinion of the Parliamentary Ombudsman had highlighted the lack of a legal framework and called for legislation in order to protect the rights of transgendered people.
III. References to SOGI during the Working Group review
A. Presentation of the State under review
15. Despite difficult times, the Government has taken important steps to improve the rights of individuals and groups. For example, in 2010 Parliament unanimously adopted legislation providing for a gender-neutral definition of marriage, ensuring the same legal status for heterosexual and same-sex married couples. Important steps are also being taken to improve the legal status of transgender people. However, equal legal status does not ensure equality.
B. Interactive dialogue and responses by the State under review
35. Brazil […] noted progress made in the area of gender equality. It also commended recent legislation removing legal impediments to same sex marriages, and strengthening the independence of the judiciary and freedom of expression.
49. Spain noted steps taken by Iceland to recognise same sex marriage and to grant the judiciary greater independence […]
58. Israel noted efforts made by Iceland regarding education, health care, child care, gender equality, LGBT rights, and the rights of persons with disabilities. Noting information given in the national report regarding challenged faced by Iceland due to the financial crisis, Israel raised concerns about the rights of vulnerable groups.
IV. Conclusions and/or recommendations
There were no recommendations relating to sexual orientation or gender identity.
V. Adoption of the Report
The report of the working group was adopted at the 19th regular session of the Human Rights Council in March 2012.
Statements by States and other Stakeholders
COC Netherlands and ILGA-Europe
The delegation of Iceland during the UPR working group process stated that is has taken important steps to improve the rights of individuals and groups, this despite the difficult times that the country is facing. We wish to recognize some of the efforts that the country has made, such as the unanimous adoption by parliament allowing for a neutral-definition of marriage and thus granting the same legal status for heterosexual and same-sex married couples .
As stated during the UPR process, the government has also taken important steps to improve the legal status of transgender people. Efforts are made to simplify name and gender recognition for gender people. Madam president, could I ask the government to clarify what timeframe it envisages for introducing and implementing the necessary legislation?
The government of Iceland during the UPR process rightly pointed out that providing its citizens with equal legal status alone does not ensure full equality. In this light, could we ask the delegation what other steps are planned to advance non-discrimination on grounds of sexual orientation and gender identity?
We encourage Iceland to share best practices in the field of combating discrimination on grounds of sexual orientation and gender identity with other countries. Finally, we urge Iceland to consider applying the Yogyakarta Principles on the Application of International Human Rights Law in relation to Sexual Orientation and Gender Identity as a guide to assist in policy development.
VI. Further information
UPR Documentation
National report 1 : A | C | E | F | R | S
Compilation of UN information 2 : A | C | E | F | R | S
Summary of stakeholders’ information 3 : A | C | E | F | R | S
Questions submitted in advance : E
Addendum 1 : E
Addendum 2 : E
Addendum 3 : E