A/HRC/28/59/Add.1
the disadvantaged and marginalized individuals and groups are not disproportionally
affected; and (d) identify a social protection floor and the minimum core content of rights,
and ensure the protection of those rights at all times.7
8.
The Committee further recommended that Iceland intensify its efforts to address the
high unemployment rate; expand the coverage of unemployment insurance to all
unemployed persons; and take measures to ensure that the social benefits system provided
a minimum essential level of benefits to ensure a decent living for all beneficiaries,
including single-parent families. The Committee also recommended that the levels of social
benefits be monitored regularly and adjusted according to the cost of living, and that efforts
to combat poverty and social exclusion, in particular of families with children, single-parent
families and persons with disabilities be strengthened. In addition, the Committee
recommended that Iceland take steps to address the negative impact of the financial crisis
on the health sector, including through increasing its public health-care budget, and ensure
that required health-care services were fully accessible for all, including immigrants and
children with disabilities. The Committee also recommended that Iceland increase the
budget for the public education system at all education levels, in particular primary and
lower secondary education, remedy staff reductions, merging of class groups and
cancellation of courses, and address the high dropout rate of students with an immigrant
background in upper secondary education.8
Iceland’s human rights protection framework
B.
9.
The Icelandic human rights system has several components. Legally, the framework
is anchored by the Constitution, sections VI and VII of which recognize several key human
rights. Constitutional provisions relating to economic and social rights are more limited:
they include freedom of association and the right to form trade unions (art. 74), and
freedom to pursue the occupation of one’s choosing and the right to negotiate terms of
employment and other labour-related matters (art. 75), which may be restricted by law.
Article 76 states that “the law shall guarantee for everyone the necessary assistance in case
of sickness, invalidity, infirmity by reason of old age, unemployment and similar
circumstances. The law shall guarantee for everyone suitable general education and tuition.
For children, the law shall guarantee the protection and care which is necessary for their
well-being.”
10.
Human rights are guaranteed through a three-pronged grievance redress system
consisting of the Parliamentary Ombudsman (Althing Ombudsman), the courts and the
European Court of Human Rights. Each of those bodies plays a separate, but crucial role.
The courts monitor the conformity of laws with the Constitution, while the Althing
Ombudsman secures the rights of citizens with respect to the functioning of the
administrative bodies, and the European Court oversees general compliance with the
European Convention on Human Rights. District courts and the Supreme Court are
empowered to resolve the constitutionality of cases; they are also vested with review
capacity over decisions made by the executive branch, which includes the power to render
invalid laws that conflict with constitutional provisions or infringe human rights.
11.
The European Convention was incorporated into Icelandic domestic law through Act
No. 62/1994 and can therefore be applied directly by the courts. Prior to that, Icelandic
courts expressed general hesitation to apply the provisions of the Convention, on the
7
8
6
E/C.12/ISL/CO/4, para. 6.
Ibid.