Draft report
Rapporteur: Ms. Rosalyn Hazelle
Consideration of reports of States parties
Iceland
Combined third and fourth periodic report
1. The Committee
considered the combined third and fourth periodic report
of Iceland (CEDAW/C/ICE/3-4) at its 532nd and 533rd meetings,
on 17 January 2002 (see CEDAW/C/SR.532 and 519).
I. Introduction by the State party
2. In her introduction, the representative of Iceland updated
the information contained in the reports which covered implementation
up to December 1997, indicating that the new information
would be contained in Iceland's fifth periodic report. She
also informed the Committee that the Government had ratified
the Optional Protocol to the Convention in March 2001 and
was preparing its acceptance of the amendment to article
20.1 of the Convention, relating to the Committee's meeting
time.
3.
The representative indicated that, in May 2000, a new act
on the Equal Status and Equal Rights of Women and Men (The
Gender Equality Act), which replaced the former Gender Equality
Act of 1991, had been passed. The Act had created a new
special institution, the Centre for Gender Equality, administrated
by the Ministry of Social Affairs and entrusted with monitoring
of the Act's implementation. The Act provided that institutions
and enterprises with more than 25 employees should have
a gender equality policy or create special provisions regarding
gender equality in their employment policies. The Act prohibited
both direct and indirect discrimination and entitled individuals
and non-governmental organizations to seek redress from
the Complaints Committee on Equal Status. Although the decisions
of the Complaints Committee were not binding, the Centre
for Gender Equality or the individual concerned could initiate
legal proceedings based on the Committee's opinions.
4.
Each Ministry was required to appoint an equality coordinator
who was tasked with the mainstreaming of gender equality
within the work of the Ministry and its dependent institutions.
Since 1991, Iceland had introduced three four-year action
programmes on measures to realize gender equality, the latest
in 1998. The Centre for Gender Equality had begun preparations
for a new Action Plan, for the years 2002-2006, which places
greater emphasis on gender mainstreaming and the methods
to achieve it. In this respect, the representative stressed
the need to increase the involvement of men in equality
initiatives.
5.
In 2000, a Maternity/Paternity Leave and Parental Leave
Act, which would enter into force on 1 January 2003, had
been passed. The Act constituted a fundamental reform in
that it promoted sharing of parental responsibilities and
gender equality on the labour market. The representative
indicated that implementation of the Act would create greater
equality between women and men generally, and in particular
reduce the pay gap between women and men, and address women's
low representation in comparison with men's at the top levels
of business management, situations that had resulted in
part from women's heavy responsibilities for family and
children.
6.
The representative noted that trafficking in women and prostitution,
potentially associated with the strip clubs legalized since
1990, were becoming growing concerns for the Icelandic authorities.
In cooperation with labour unions, local and national authorities
were scrutinizing the activities of strip clubs in order
to address trafficking and prostitution.
7.
In September 1998, the Minister of Social Affairs had appointed
a Committee for a five-year period, to seek to increase
women's participation in politics, inter alia, through education
and information campaigns. The initial task of the Committee
was to increase the number of women participating in the
1999 parliamentary elections. Thirty-five per cent of members
elected to Parliament in 1999 had been women, in comparison
with 25 per cent in 1995. The Committee was currently seeking
to increase the proportion in local government, which at
present stood at 28.5 per cent. Similarly, in the period
1998-1999, the Ministry of Foreign Affairs had recruited
women to 50 per cent of all new positions requiring a university
degree.
8.
At the University of Iceland, women constituted 60.9 per
cent of all new students and women represented over 50 per
cent of students in disciplines except engineering, economics
and computer science. In April 2000, a two-year agreement
had been signed in order to strengthen the position of women
in the labour market, increase female leadership in economic
life and encourage women to choose male-dominated fields
of study in higher education.
9.
The representative highlighted the fact that in 2000, women's
participation in the labour market had been 79 per cent
for age group 16-74 in comparison with 88 per cent for men.
In age group 55-74 women's labour-force participation had
decreased. Unemployment among women was 1.9 per cent in
2001, in comparison with 1 per cent for men. There was a
wage differential of 10-16 per cent between women and men,
and this differential was the subject of active debate.
10.
The representative pointed out that, in 1998, the Office
of Gender Equality and the Administration on Occupational
Safety and Health had published a study on sexual harassment
which confirmed that this was a problem in the workplace.
In response, the Gender Equality Act had defined and prohibited
sexual harassment.
11.
The representative indicated that measures to address violence
against women, including sexual violence, as well as violence
against children, particularly girls, had been introduced.
These included in camera trials for such offences, special
procedures to protect victims and witnesses required to
provide evidence, and restraining orders. Penalties for
rape had been increased, and the State Prosecutor usually
called for significant penalties in cases of sexual violence.
12.
In concluding, the representative noted that, although great
progress had been made in implementation of the Convention,
much more needed to be done. Efforts towards further implementation
included examination of whether and how gender equality
was being taken into account in national and local planning
and policy-making. A working group, which was currently
focusing on bills prepared by the Ministries of Finance,
Industry, Commerce and Social Affairs, had also been established
to ensure that gender was taken into account in the preparation
of legislation.
II. Concluding comments of the Committee
Introduction
13. The Committee expresses its appreciation to the Government
of Iceland on its third and fourth periodic reports, which
comply with the Committee's guidelines for the preparation
of periodic reports. The Committee also appreciates the
additional information given in response to the issues raised
by the pre-session working group and during the oral presentation.
14.
The Committee commends the Government of Iceland for the
constructive and frank dialogue with the members of the
Committee.
Positive aspects
15. The Committee commends the Government of Iceland for
the progress made in ensuring gender equality as illustrated
by the passing of the Gender Equality Act (2000) and the
large number of studies, pilot projects and research initiatives
conducted in order to advance the equality between women
and men.
16.
The Committee commends the Government for its efforts in
incorporating gender mainstreaming in its overall policy
framework and at all stages of policy-making processes.
17.
The Committee commends the Government for its recognition
of the common responsibility of women and men in the promotion
of equality and for having taken a number of measures to
involve the participation of men in strategies to increase
equality between women and men, inter alia, in the area
of paternal leave.
18.
The Committee commends the fact that the Government of Iceland
has ratified the Optional Protocol to the Convention and
is preparing for acceptance of the amendment to article
20.1 on the Committee's meeting time. The Committee also
welcomes the fact that a number of recommendations in its
concluding comments adopted when Iceland last reported have
been implemented.
Factors and difficulties affecting the implementation of
the Convention
19. The Committee notes that there are no significant factors
or difficulties that prevent the effective implementation
of the Convention in Iceland.
Principal areas of concern and recommendations
20. The Committee notes with concern that, unlike the European
Convention on Human Rights and Fundamental Freedoms, the
Convention has not been incorporated into domestic legislation
and regrets that article 1 of the Convention, which defines
the concept of discrimination, is not part of Icelandic
legislation.
21.
The Committee recommends that the Government give further
consideration to the incorporation of the Convention into
domestic legislation. The Committee points particularly
at the importance of the incorporation of article 1 of the
Convention, which defines "discrimination against women".
The Committee requests that the Government report on progress
made in this regard in its next periodic report, including
information on whether the Convention has been invoked before
domestic courts.
22.
The Committee is concerned that the decisions of the Complaints
Committee on Equal Status are not binding, inter alia, in
cases where government bodies are found in violation of
existing provisions.
23.
The Committee recommends that the Government consider strengthening
the enforcement mechanisms of the Complaints Committee,
and, in particular, provide that its decisions have binding
force.
24.
The Committee notes with concern the apparent contradiction
between the high level of education of women and the lack
of women's achievement in the labour market, particularly
the persistent wage gap of 10-16 per cent in the public
sector to the detriment of women. The Committee is also
concerned that the long-standing high rate of part-time
employment of women seems to indicate that, despite the
Government's efforts to facilitate the reconciliation of
family life and work, women still bear a larger share of
family responsibilities.
25.
The Committee encourages the Government to continue its
efforts to take measures to assist women and men in striking
a balance between family and work responsibilities, inter
alia, through further analysis of the underlying causes
of the wage gap, job evaluations, further awareness-raising
and education initiatives for both women and men. This also
includes ensuring the availability of adequate childcare
facilities throughout the country. The Committee also requests
that the Government provide more information in the next
report on the situation of women in the private sector with
regard to the wage gap.
26.
The Committee notes that, although progress was made with
regard to women's political representation, women are still
underrepresented in elected office, senior positions and
the diplomatic service. The Committee is also concerned
about the low number of women professors at the university.
27.
The Committee encourages the Government to take further
measures to increase the representation of women in decision-making
positions in all sectors, inter alia, on all public committees,
and to facilitate an increase in the number of women in
senior positions at the university.
28.
The Committee notes that the Government has taken a mostly
legal and welfare approach towards violence against women,
including domestic violence. The Committee also expresses
concern at the low penalties for crimes of sexual violence,
including rape.
29.
The Committee urges the Government to continue its efforts
to implement and strengthen current policies aimed at combating
violence against women, and to increase its awareness-raising
activities and work with male perpetrators. It also urges
the Government to consider the current penal provisions
with regard to the practice of low sentences for perpetrators
of sexual violence, including rape. It also encourages the
Government to consider the issue of violence against women
under the provisions of articles 2, 3, 5, 10 and 14 of the
Convention. The Committee requests the Government to provide
more information in the next report on combating violence
against women, including measures taken to provide training
of the police and the judiciary.
30.
The Committee notes with concern that Iceland may have become
a country of destination for trafficking in women.
31.
The Committee encourages the Government to continue taking
action to combat trafficking in women, including cooperation
within the framework of the Nordic Council and the Council
of Europe.
32.
The Committee expresses concern about the change of the
pension system, which has cancelled defined benefits in
favouring individual actuarial calculation and has reduced
spousal benefits. It is concerned that, in view of the wage
gap between women and men, this will adversely affect older
women's income.
33.
The Committee recommends that the Government study the impact
of the pension system on women and take appropriate measures
to avoid increasing poverty among older women.
34.
The Committee expresses concern at the high level of alcohol
consumption among women, and the level of alcohol and drug
consumption among young people, including girls.
35.
The Committee urges the State party to take measures to
address alcohol and drug abuse, especially among women and
girls.
36.
The Committee encourages the Government to continue its
preparations for acceptance of the amendment to article
20, paragraph 1, of the Convention.
37.
The Committee requests the State party to respond in its
next report to the outstanding issues raised in constructive
dialogue, as well as to the specific issues raised in the
present concluding comments. It further requests the State
party to provide in its next report an assessment of the
impact of measures taken to implement the Convention, in
particular with regard to gender mainstreaming.
38.
The Committee requests the wide dissemination in Iceland
of the current concluding comments in order to make the
people in Iceland, in particular government administrators
and politicians, aware of the steps that have been taken
to ensure the de jure and de facto equality of women as
well as of further steps that are required in this regard.
It also requests the Government to continue to disseminate
widely, in particular to women's and human rights organizations,
the Convention, its Optional Protocol, the Committee's general
recommendations and the Beijing Declaration and Platform
for Action, and the results of the twenty-third special
session of the General Assembly, entitled "Women 2000: gender
equality, development and peace for the twenty-first century".