COMMITTEE ON ECONOMIC, SOCIAL
AND CULTURAL RIGHTS
IMPLEMENTATION OF THE INTERNATIONAL COVENANT
ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS
List of issues to be taken up in connection with the consideration of the second periodic report of Iceland concerning the rights referred to in articles 1–15 of the International Covenant on Economic, Social and Cultural Rights (E/1990/6/Add.15)
I. GENERAL FRAMEWORK OF IMPLEMENTATION OF THE COVENANT
1. In Iceland's political system, in the absence of a constitutional court, Icelandic courts take it upon themselves to pass judgement on the constitutionality of laws. They "ignore the application of certain laws" if they deem them unconstitutional (paragraph 46 of the core document). Please advise the Committee whether this large latitude given to judges – leading to many individual interpretations of the Constitution and the laws – has not resulted, in some cases, in contradictions and misunderstandings? Do the authorities envisage the establishment of a constitutional court, or has the creation of the Office of the Ombudsman been of help in avoiding questions (para. 50) about the constitutionality of certain laws?
2. Why is it that only the European Convention on Human Rights has been incorporated into domestic law and can be invoked before the courts (core document, para. 54)? Does the Government envisage correcting this situation?
3. Has consideration been given by the authorities to the incorporation of both the International Covenants on Human Rights into domestic law, as has been done for the European Convention on Human Rights (core document, paras. 55, 59–61)?
4. What measures has the Government taken recently to give the Covenant the same publicity and dissemination among the legal profession and members of the judiciary as are accorded to the European Convention?
5. Were any of the human rights NGOs (para. 7) consulted in the preparation of the second periodic report? How have they contributed to the enhancement of the enjoyment of human rights in Iceland?
II. ISSUES RELATING TO THE GENERAL PROVISIONS OF THE COVENANT
(arts. 1–5)
Article 2.2: Non–discrimination
6. Before it joined the European Community, did Iceland change, as envisaged, the ruling denying foreigners the right to own real estate unless they had the specific approval of the Ministry of Justice? Do foreigners resident in Iceland have access to electricity for other than domestic use or does Icelandic laws on foreign investment still prevent them from using electricity for commercial purposes as well as denying them the right to engage in commercial fishing? Does this exclusion apply to European Community members also? How many foreigners from outside the European Economic Area (EEA) live in Iceland?
7. Has the situation been corrected whereby accused persons unable to afford a lawyer are defended by law student volunteers instead of by court–appointed lawyers (initial report, para. 99)? If not, why not? What are the implications of this situation on the administration of justice?
8. Give examples and explain the implications and consequences of the 1995 constitutional amendments regarding human rights and whether they have led to few complaints and fewer cases being brought before the courts, including the European Court of Human Rights.
Article 3: Equality between men and women
9. Give instances of "women enjoying more human rights than men" (E/1990/5/Add.14, para. 79). What is the justification for this, if any? Does this also apply to foreign women married to Icelandic men?
10. The initial report (para. 100) indicates that despite law No. 28/1991 and the existence of the Council of Equality of Rights, women hold only 24 per cent of "important" government posts. Has the creation of committees on the equality of rights in each community with more than 500 inhabitants been completed (para. 109)? Has the Ministry of Social Affairs completed the implementation of its projected four–year plan for the equality of rights (paras. 113–114)? Please elaborate.
11. What are the obstacles impeding full equality between men and women despite the establishment in 1991 of an Equal Status Complaints Committee?
III. ISSUES RELATING TO SPECIFIC PROVISIONS OF THE COVENANT
(arts. 6–15)
Article 6: Right to work
12. Explain the differences with regard to the right to work of foreign residents in Iceland belonging to the following categories: European Union and the EEA; non–EU; refugees. Does the Right to Work Act No. 133 of 1994 distinguish between these categories?
Article 8: Trade union rights
13. What are the percentages in the workforce of unionized and non–unionized workers? Has the right to collective bargaining of either category been affected (for better or worse) by the amendment to article 74 of the Constitution providing that "no one should be obliged to belong to an association"?
14. Do non–unionized workers have the right to strike independently of unions and do they exercise that right? Do unionized workers strike? How often? Are there wildcat strikes (para. 40)? What is the Government's position on strikes in general? Are there closed shops in Iceland?
Article 9: Right to social security
15. Provide statistics as to the numbers of refugees, EEA citizens and non–EEA citizens in Iceland and their percentages of the population (para. 49). Do these categories of persons enjoy special privileges that Icelandic citizens do not?
16. Provide information as to whether any citizens or foreigners legally residing in Iceland are left out of the social security umbrella, and the reasons therefor (para. 55). Do non–unionized Icelandic workers enjoy social security and unemployment benefits?
Article 10: Protection of the family, mothers and children
17. According to paragraph 71, proposals envisaging a seven–month (rather than a six–month) maternity leave and an independent right to paternity leave are being discussed at the ministerial level. Has a bill to this effect been introduced in the Alting?
18. What is the number and percentage of children placed in foster homes among children of the same age group, their legal status, and the number of foster homes in Iceland? What is the budget allocated for fostering children (para. 85)?
19. Elaborate on the recommendations of the Children's Ombudsman for legal and administrative reforms regarding the status of children (paras. 94–97). What are the aims and consequences of those recommendations? Have they been accepted and enacted?
20. With respect to the information contained in paragraph 100 of the report:
(a) Give statistics and explain the reasons for the existence of substance abuse among the youth in Iceland;
(b) How many homeless children between the ages of 6 and 12 reside in the Home for Homeless Children? Explain the reasons behind their homelessness. Why are they not assigned to foster parents?
(c) How many of this category of delinquent children are there? Provide statistics regarding the numbers of the three categories and of children who might have attempted suicide.
21. Provide statistics on the number of "working children" and the occupations they are engaged in (paras. 101–104). Explain the distinction made between "dangerous" and "non–dangerous" work assigned to children.
22. The report (para. 102) states that "young persons must not work more than ten hours a day". Is this not too long by applicable modern standards? Is this in conformity with EEA provisions? Has the bill alluded to in paragraph 104 to amend the number of hours children may work been adopted?
23. What is being done to prevent and combat domestic violence against women in general, and against foreign women in particular?
Article 11: Right to an adequate standard of living
24. In view of the impressive progress achieved by Iceland in the housing field (paras. 110–111), provide the latest statistics as to the numbers and percentages of:
(a) Persons who own their homes;
(b) Persons who rent their homes and whether this is by necessity or preference;
(c) Homeless persons;
(d) Houses built through the traditional "self–building" practice of Iceland;
(e) Houses built with the assistance of mortgage–lending schemes (para. 116).
25. The State Housing Board has an impressive record of having built 10 per cent of all houses now available in Iceland (paras. 119–121). Has this figure changed recently, and how successful has this experiment been with low–income groups?
Article 12: Right to health
26. Has the Parliamentary Bill prepared by the Minister of Health (para. 137) on the rights of patients become law, and in what ways does it differ from the status quo ante?
Articles 13 and 14: Right to education
27. What is the reason for the drop–out rate among secondary schoolchildren? What measures is the Government taking to combat it?
28. What are the latest figures for expenditure on education as a proportion of the total State budget and of GNP, by level of education?
29. What is the Government doing to overcome the deficiency of educational facilities for handicapped children (para. 188)? Has the situation changed in the last seven years? Has there been any improvement in the situation of children ignorant of or not sufficiently familiar with the Icelandic language who are denied the right to special classes because of shortages (initial report, para. 89)?
30. What has the Government done to correct the inadequacy of teachers' salaries, which are less than average for government employees (initial report, paras. 193–197)?
31. Has the quality of education for 6– to 16–year–olds been improved by the shift in responsibility for such education from the central Government to local authorities (para. 143)? Please explain.
32. Provide more information about the "tele–teaching" experiment. How many such centres exist, serving how many students, and what is the cost as a part of the education budget (para. 149)?
33. How many universities or university–level colleges or institutes are there in Iceland (para. 152)? What is the size of the student body? Are the majority of university students still women (initial report, para. 125)?
34. Can all branches of science be studied at the university? Are there certain specializations that are not available, obliging students to study abroad? How many Icelandic students are studying at foreign universities? At whose expense? How many scholarships are granted by the Government to students studying abroad?
Article 15: Right to take part in cultural life
35. What is the percentage of foreign material broadcast on Icelandic television? Where does this material come from? Are foreign films broadcast in the original language, or in Icelandic?
36. What foreign languages do the citizens of Iceland tend to know or learn most, and what languages are spoken by the population?