E/C.12/ISL/CO/4
The Committee recommends that the draft Constitution be further revised so as to
guarantee reference to all rights as contained in the Covenant, in line with article 2,
paragraph 1 of the Covenant.
5.
The Committee regrets that the State party, as yet, does not have a comprehensive
anti-discrimination law. The Committee is particularly concerned that persons with
disabilities face discrimination with regard to their rights to education, housing and social
assistance. (art.2)
The Committee recommends that the State party take steps to adopt comprehensive
anti-discrimination legislation. It also recommends that the State party ensure that
measures are taken to combat and prevent discrimination, especially against persons
with disabilities, in particular with respect to the right to education and housing, as
well as social assistance under article 9 of the Covenant.
6.
The Committee is concerned that, despite measures taken by the State party, the
national financial and economic crisis has had a negative impact on the realization of
economic, social and cultural rights, in particular with regard to the rights to work, social
security, housing and education.
The Committee reminds the State party of its obligation under the Covenant to
respect, protect and fulfil economic, social and cultural rights progressively, using
their maximum available resources. While realizing that some adjustments in the
implementation of some of the Covenant rights are at times inevitable, such as during
economic crises, it recommends that any proposed policy change or adjustment by the
State party in reaction to the economic crisis (a) be of a temporary nature; (b) be
necessary and proportionate; (c) not be discriminatory and comprise all possible
measures, including tax measures, to support social transfers to mitigate inequalities
and to ensure that the rights of the disadvantaged and marginalized individuals and
groups are not disproportionately affected; and (d) identify a social protection floor
and the minimum core content of rights, ensuring the protection of this core content
of rights at all times. The Committee draws the attention of the State party to its open
letter on economic, social and cultural rights, and economic and financial crisis, dated
16 May 2012.
7.
The Committee is concerned that the State party has not yet established a
consolidated national human rights institution, in accordance with the principles relating to
the status of national institutions for the promotion and protection of human rights (Paris
Principles).
The Committee recommends that the State party take steps to establish a national
human rights institution with a broad human rights mandate, including the economic,
social and cultural rights of the Covenant, in line with the Paris Principles, and
provide it with adequate financial and human resources.
8.
The Committee is concerned about the significant wage gap between men and
women. It is also concerned that women continue to be underrepresented in decisionmaking positions, in particular in the Foreign Service, the judiciary and academia (art. 3).
The Committee recommends that the State party take steps, particularly by ensuring
a strict implementation of the Gender Equality Act 10/2008, to eliminate the persistent
and significant wage gap between women and men, guaranteeing the principle of
equal pay for work of equal value, in accordance with article 7 of the Covenant. It also
recommends that the State party take steps to ensure increased representation of
women in decision-making positions, in particular in the Foreign Service, the
judiciary, and academia.
2