Submitted by crinadmin on
Summary: A compilation of extracts featuring child-rights issues from the reports submitted to the first Universal Periodic Review. There are extracts from the 'National Report', the 'Compilation of UN Information' and the 'Summary of Stakeholder's Information'. Also included is the final report and the list of accepted and rejected recommendations.
Iceland - 12th Session - 2011 Scroll to: National Report 8. Iceland is party to most major UN human rights conventions, including the International Covenant on Civil and Political Rights (ICCPR), the International Covenant on Economic, Social and Cultural Rights (ICESCR), the Convention on the Elimination of All Forms of Racial Discrimination (ICERD), the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), the Convention to Eliminate All Forms of Discrimination against Women (CEDAW) and the Convention on the Rights of the Child (CRC). Iceland has ratified all the optional protocols to these conventions, except for the optional protocol to the ICESCR and CAT. 16. The Ombudsman for Children is also independent, does not take orders from the executive or the legislative powers and has an extensive right to obtain information. The Ombudsman for Children shall endeavour to ensure that the rights, needs and interests of children up to the age of 18 are fully taken into account, both by public and private entities and in all areas of society, and to respond if they are violated. The Ombudsman shall inter alia be the children's advocate, raise strategic discussions about matters concerning children, give indications and put forth proposals for the improvement of legislative, regulatory and administrative provisions directly concerning the rights and interests of children, and be instrumental in raising public awareness of legislation concerning children. This involves observing international agreements containing provisions on the rights and welfare of children that have been ratified by Iceland and recommending that such international agreements be ratified. 47. The rights and welfare of children are protected in both the Children's Act and the Child Protection Act, as well as in individual provisions in other legislation. 48. The child welfare system is the responsibility of both local authorities and the state. Child protection committees in municipalities are responsible for basic services to children and families. A state body, the Government Agency for Child Protection, is responsible for monitoring child protection committees and ensuring that they operate in accordance with legislation. Furthermore, the Government Agency for Child Protection is responsible for special tasks of child protection, such as operation of The Children's House. The Agency regularly collects data on the frequency of child abuse and supports research and various developmental projects. Recent amendments were made to the Child Protection Act with the aim of enhancing child protection work. 49. The interests of the child shall always be paramount in the work of child protection authorities. In their work, child protection authorities shall always take children's views and wishes into account, in light of the child's age and maturity. 50. Iceland has ratified the CRC, which has guided legislation in the field since its ratification. Although CRC has not been incorporated completely into legislation, all provisions regarding children are based on the CRC's fundamental principles, and all legislation shall be interpreted in accordance with the CRC. A legislative bill with amendments to the Children's Act was recently submitted to Althingi, including provisions aimed at better reflecting the fundamental principles in Articles 2, 3, 6 and 12 of the CRC. 51. According to the Youth Act of 2008, municipal authorities are for the first time required to promote the establishment of special youth councils in every municipality. The youth councils' functions include advising municipal authorities on the affairs of young people in the community concerned. Youth councils are now active in many municipalities. 52. Children shall be provided with care and education, in a healthy and encouraging environment, as well as safe conditions for learning and playing. All compulsory school pupils have the right to appropriate instruction within an encouraging environment, in suitable facilities taking into account their needs and general well-being. Pupils have the right to enjoy all activities organised by the school and the right to express their opinion regarding all school activities, and their opinion shall be taken into account whenever possible. Any individual who has completed compulsory education is entitled to enrol in upper secondary schools and to study there until the age of 18. It is of concern that the dropout rate for pupils of immigrant background is higher in upper secondary schools than for pupils of Icelandic origin, which may be partly due to lack of skills in the Icelandic language. 53. There have been coordinated efforts for some years in Iceland to prevent bullying, persecution and social exclusion in schools, with focus on improving and maintaining a positive school environment. Development of various preventative activities in schools has also taken place, in close cooperation with parents and the community, both at the compulsory and upper secondary school levels, focusing on drug prevention and risky behaviour; in recent years focus has increased on the health and well-being of children. 54. Particular efforts are focused on vulnerable groups of children and young persons, such as those with disabilities and learning difficulties, chronic illnesses, ADHD and children and young persons of immigrant background. The government recognises the necessity to prioritise support of these groups and ensure that they enjoy equal opportunity. 55. Since the financial crisis in 2008, Parliament has organised monitoring of the services for children and ensuring cooperation between all sectors, among other things, by establishing the Welfare Watch. It seems that, despite budget cuts, the public system has mostly been able to provide necessary services. It is important to continue monitoring developments in the near future, especially concerning vulnerable children requiring extra support or services. The Welfare Watch has established several task forces, for example, on the welfare of marginalized groups and on the welfare of children and families with children. 56. An Action Plan for the Period 2007-2011 to Strengthen the Status of Children and Young Persons was passed by Althingi in 2007. The action plan is based on the rights of the child as defined in the CRC. In 2008 another action plan on child protection, valid for 2008-2010, was passed by Althingi. NGOs have criticized authorities for insufficient implementation in some areas of the actions laid down in the two Action Plans and have encouraged better implementation. The Action Plan 2007-2011 is presently under review. Priority has been given to including issues of access to justice and preventative measures. 57. Through various legislation, every kind of violence against and misuse of children is prohibited and punishable. Despite legal safeguards it is estimated that each year 2000-4000 children are victims of or have to live with domestic violence. Notifications to child protection committees on violence against children have increased substantially, which is of great concern. NGOs have raised concerns regarding various potential threats to children's future well-being, including violence. Although various statistics on violence are available, NGOs have pointed out that no regular monitoring has been exercised in Iceland on the frequency of violence and sexual abuse against children, and that no public authority is responsible for preventative measures in this field. NGOs find that research and analysis of sexual violence against children must be significantly strengthened to understand the problem better and to organise preventative measures. 70. The separation of juvenile prisoners from adult prisoners is not obligatory under Icelandic law. According to the Execution of Sentences Act, the age of the prisoner must be taken into account when arranging where the execution of imprisonment shall take place. Every juvenile prisoner is offered placement in a regular supervisory facility for children, subject to the agreement of the child. The practice has been criticised on the grounds that these measures are not enough to serve the best interests of these children. On the other hand, concerns have been raised that full separation from adult prisoners would lead to isolation of juvenile inmates since on average there is only one such case per year. 71. In 2010 a work group of experts published a report recommending that juvenile prisoners should be obliged to serve their sentences in a regular supervisory facility for children. Following this report, a committee is currently reviewing the Execution of Sentence Act. 72. The European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) has criticised penal facilities in Iceland inter alia for lacking separate facilities for juvenile and female prisoners and inadequate custody facilities. The Government is planning to build a new reception and custody prison that will take note of comments from the CPT. The construction of this new prison will be in an open tender in 2011. 109. Welfare and well-being of children and adolescents is defined as a basic principle of all school activity in new legislation in 2008 on pre-school education, compulsory school education and upper secondary school education. The role of the schools to encourage pupils' general development and prepare them for active participation in a democratic society is emphasised at all three school levels. 110. Iceland has taken an active part in the Council of Europe's project "Education for Democratic Citizenship and Human Rights Education". In December 2008 the Ministry of Education, Science and Culture published a report and guidelines on human rights education on their website. Furthermore, a new National Curriculum for Pre-Schools, Compulsory Schools and Upper Secondary Schools was published in 2011. It contains six fundamental pillars of education; literacy in a broad sense, democracy and human rights, equality, education for sustainability, creativity and health and welfare. 111. Actions are being taken to ensure the implementation of the National Curriculum with the development of teaching material for pupils and handbooks for teachers, planned education for teachers and financial support for projects to implement the new curriculum. The implementation of the National Curriculum will be monitored. 114. Iceland's welfare system aims at preventing poverty with accessible health care at minimum cost for all citizens, free education for children and young persons between 6 and 20 years old and quality childcare at low cost for children between 1½ to 2 years up to elementary school. Meals are provided for all pre- and elementary school children. The Social Security Act provides all persons with disability a minimum level of income. The Act on Rental Support, aims at decreasing the cost of rent for low-income individuals and families. 116. The child benefit scheme applies to all children under 18 years of age and is linked to the custodian's income. 117. Following the financial crisis in 2008, the new Government appointed a steering committee, called the Welfare Watch, to monitor welfare issues. The Welfare Watch is expected to monitor systematically the social and financial consequences of the economic situation for families and individuals and propose measures to meet the needs of households. The committee consists of 21 members, including representatives of the social partners, ministries, NGOs and the local authorities. The Welfare Watch has established several task forces on specific welfare issues, focusing specifically on the rights and welfare of children, and has made several proposals on remedies to the relevant authorities. 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. 6. The Committee on the Rights of the Child (CRC), while noting that Iceland did not have any armed forces, was concerned that the recruitment of children was not explicitly mentioned as a crime in the country's penal code. In order to strengthen national and international measures for the prevention of the recruitment of children for armed forces or armed groups and their use in hostilities, CRC recommended changes to Iceland's legislation. 7. In 2011, the ILO Committee of Experts on the Application of Conventions and Recommendations referred to the concerns expressed by the Committee on the Rights of the Child, in 2006, "at the criminalization of child prostitutes" and requested Iceland to ensure that child victims of prostitution were treated as victims rather than offenders. The Committee of Experts expressed the firm hope that Iceland would take the necessary measures to ensure that children under 18 who were victims of prostitution were not liable to a criminal offence under national legislation. 8. CRC also recommended that Iceland: take legislative measures to ensure that children older than 14 years of age are effectively protected from sexual exploitation; adopt the amendment bill to the General Penal Code, which would extend the statute of limitations in respect of sexual abuse cases against children; and extend the liability for offences established in OP-CRC-SC. 11. In 2003, CRC welcomed the excellent work being undertaken by the Ombudsman for Children. However, it was concerned that the provision of resources by Iceland was not sufficiently commensurate with the Ombudsman's activities, including the increasing caseload of enquiries. 28. CAT recommended that Iceland should ensure that female and male prisoners are held in separate facilities and, in particular, that juvenile prisoners are held separately from adults. Iceland should ensure that the prison wardens involved in dealing with female and juvenile prisoners are given the required training. 32. CAT expressed concern that incidents of trafficking both through and inside the country had been reported. CEDAW recommended that Iceland monitor closely the implementation of Act No. 61/2007 on prostitution, reinforce existing measures to prevent and combat trafficking, especially in women and girls, and investigate thoroughly such cases. It also recommended that Iceland investigate the prevalence of illegal "strip clubs" by conducting research and surveys. It called upon Iceland to increase international cooperation efforts to prevent trafficking, to prosecute and punish traffickers in accordance with the gravity of their crimes, ensure the protection of the human rights of women and girls who are victims of trafficking and establish a legal framework for victim and witness protection. In its follow-up replies, Iceland described monitoring the implementation of Act No. 61/2007 and reinforcing measures to combat trafficking. 37. In 2003, CRC noted that, apart from a few special measures (e.g. Regulation No. 395/1997 concerning the legal status of arrested persons and interrogations, and provisions in the amended Criminal Code of Procedure relating to the questioning of child victims of sexual crimes), there is no comprehensive system of juvenile justice in place in Iceland. 50. In 2003, CESCR urged Iceland to increase its efforts to provide greater support to single-parent families and CRC also recommended increased support for families of disabled children. 52. CRC encouraged Iceland to strengthen efforts to expand access to health services, including through the educational system; and to continue to study and assess the nature and extent of adolescent health problems and, with the full participation of adolescents, use this as a basis for formulating policies and programmes. 53. UNESCO and CERD welcomed the entry into force in 2008 of three bills addressing children's education from the preschool level to the end of secondary school, taking account of changes in society and employment, family structures and the growing number of people whose language was not Icelandic, and also the multicultural diversity of school pupils. It was noted that the bills included special provisions for children whose mother tongue was not Icelandic. 54. CRC, in 2003, expressed concern about the high drop-out rate of immigrant children, particularly in secondary education. In 2010, CERD encouraged Iceland to intensify its efforts to address and ameliorate the situation of students with an immigrant background in secondary education in order to increase enrolment and school attendance and to avoid dropouts. 55. In 2003, CRC had recommended the explicit inclusion of human rights education, including children's rights, in the curricula of all primary and secondary schools, particularly regarding development and respect for human rights, tolerance and equality of the sexes and religious and ethnic minorities. CERD in 2010 recommended further strengthening of the provision of human rights education in schools, including adequate reflection in standard school curricula and training of teachers. 8. Blat Afram (BA) suggested that the child services should be united in a country-wide institution. All reports of child sexual abuse should be directed to that institution, which would ensure more professional and effective working procedures, follow-up, cooperation and coordination with other institutions. 10. ECRI suggested that Iceland consider making human rights a compulsory subject at both primary and secondary education. It also recommended that intercultural education be effectively implemented in practice as a school policy. 19. JS1 reported that the prison system had been deprived of adequate resources resulting in an increasing number of sentenced criminals walking the streets because of lack of room for them in the prisons. The State Prison and Probation Administration had started prioritising the cases according to the severity of sentences and the nature of the crime. Currently there were only three prisons in Iceland that fulfilled the Standard Minimum Rules for the Treatment of Prisoners, especially regarding the separation of juvenile and adult prisoners and the separation of untried prisoners from convicted prisoners. Furthermore, prisoners had been detained in jail cells at the local police stations for days and even weeks, in accommodation, which allegedly did not meet the requirements of article 10 of ICCPR. 23. The Ombudsman for Children (Children's Ombudsman) noted that domestic violence had a prolonged and serious impact on children, whether it was directed at the children or someone close to them. JS1 referred to a recent study, which revealed that children in situations of domestic violence were not treated as individual victims if they themselves were not suffering physical abuse. In the case of children living in violent conditions, the police protocol concerning reporting only applied to those who were being physically abused and did not apply to a child witnessing such abuse. According to JS1, the interests of adults were placed before those of children. JS1 recommended securing adequate education and training for all professionals working with children that include compulsory curricula regarding children in crises. 24. According to the Children's Ombudsman, a study of rulings in custody cases revealed that domestic violence had limited impact on the assessment of a parent's eligibility for custody as well as when assessing a child's visits to the second parent. Access was almost always deemed best for the child, irrespective of the behavior or circumstances of the parent concerned. Given the limited impact that domestic violence had on decisions concerning custody and visitation, the Children's Ombudsman concluded that there was reason to doubt that children were guaranteed adequate protection against violence in the implementation of Icelandic law. 25. BA referred to the Child Services Act (CSA), according to which it was a duty to report suspicion of a child suffering violence or abuse to the child services and stated that many hesitated to report. BA stressed the need for additional training and encouragement of unconditional reporting. JS1 referred to reports that there were about 200 cases annually where suspicion of sexual abuse of children was reported to child protection services. Sexual abuse was confirmed in about half of them. Very few led to prosecution and even fewer to conviction. JS1 was concerned that no preventive measures were coordinated by the Government, but rather prevention was left to non-governmental organizations with limited or no support from the Government. BA noted that there were no organized programmes for educating on child sexual abuse neither for school staff nor for children. BA suggested that education about child sexual abuse and prevention should become a formal part of the curriculum in faculties training teachers and other professionals working with children, as well as for faculties training health professionals, lawyers and police officers. 28. The Children's Ombudsman highlighted that very few criminally liable children were in prison in Iceland. Nonetheless, a cause for concern was when children in prison were not separated from adult prisoners. JS1 underlined that the separation of juveniles from adult prisoners was not obligatory under Icelandic law. The Ombudsman stated that the Prison and Probation Administration and the Government Agency for Child Protection (GACP) made an agreement that children who had been sentenced to prison shall serve their sentences in treatment homes, subject to the consent of the child concerned and subject to a GACP treatment home's ability to receive the child. This arrangement did not always ensure that children were separated from older prisoners. JS1 was concerned that such measures were not enough to serve the best interests of those children. JS1 noted that these matters were currently being reviewed by the Ministry of Interior. 29. Reference was made to the HR Committee's concern that the number of reported rapes in Iceland was high in comparison to the number of cases prosecuted, with JS1 expressing great concern that the situation had not changed and that the conviction rate in cases of sexual violence or abuse against children was also very low and relatively few cases were brought to court each year. In the years 2006-2009 over 70 per cent (105 out of 155) of all rape cases reported to the office of the Director of Public Prosecutions were terminated. The percentage of dropped charges in rape cases was considerably higher than in other criminal offences, e.g. in 2006 only 40 per cent of charges for other criminal offences were terminated compared to 69 per cent of rape charges. In recent years there had been an increase in reported rapes but this had not led to more convictions. JS1 alleged that in 2010 the head of the Sexual Offence Division of the Reykjavik Metropolitan Police and the Director of Public Prosecutions both made inappropriate comments in the media regarding sexual offences. JS1 further noted that, due to budget cuts in the health care system, the services of the Centre for Victims of Sexual Violence at the Emergency Department of the National University Hospital had diminished. 34. According to JS1, disabled children that needed to be removed from their parents were put in supported foster care, which was only a temporary solution. Foster parents did not receive any special training equipping them to deal with complex disabilities. 35. Concerned about the possible future effects of the economic crises and given a recent increase in reported cases of child neglect, JS1 recommended that the Government be alert and ready with solutions and measures to assist affected children and their parents. 38. IEHA alleged that there was religious indoctrination in public schools. JS1 reported that representatives of the Gideon Association visited classrooms and distributed the New Testament to all children, whether they were Christian or not and in some instances conducted public prayers. IEHA and JS1 reported on State church priests and deacons' visiting public nursery and primary school classrooms and introducing Christian beliefs to children, which, according to IEHA, was often done without parental knowledge or permission. IEHA and JS1 indicated that school children were taken to churches and participated in religious ceremonies. According to IEHA, clergy were most often called into schools after accidents or deaths, even though more qualified professionals such as psychologists and social workers, were not brought in as often. 39. IEHA stated that the majority of primary schools arranged two-day trips or sometimes longer, in close cooperation with the state church for 13 year olds who were going to be confirmed in the state church. IEHA alleged that these trips were taken during school time, teaching was canceled and children who were not getting confirmed in the state church were almost always left with no teaching or alternative activity. 40. JS1 referred to the school curriculum, which stated that the moral values of Icelandic society originated in Christianity. JS1 reported on recent public debate regarding that phrase, but no change had been made to it. 41. In 2006, ECRI reiterated its recommendation that the Icelandic authorities ensure that children who do not wish to attend classes in "Christianity, Ethics and Religious Studies" are provided with alternative classes and ensure that all children are given genuine opportunities to learn about different religions and faiths. 48. JS1 referred to claims that the social benefit system did not serve its purpose. Although most needy families with children received some kind of assistance, it did not meet essential living costs. JS1 stated that benefits did not help people out of poverty, allegedly because the welfare system was rather small and lacked coordination and cooperation among welfare organizations on a municipal and governmental level. 50. The Children's Ombudsman considered it most important to rectify the current economic situation in Iceland and budget cuts that negatively affected children. The Ombudsman pointed out that, in accordance with article 3 of the CRC, the best interests of the child shall always take precedence in decision making concerning children. Consequently, the authorities must seek other means of cutting costs before curtailing services to children. 51. Regarding the health care system in Iceland, the Children's Ombudsman, indicated that among the areas needing improvement were dental health services, psychological services, professional psychiatric services, and speech therapy services. The healthcare system had been subjected to major budget cuts, and further cuts were proposed. It was concerned about the adverse effects particularly on children in rural areas, persons with disabilities, and children from vulnerable groups. Similar concerns were raised by JS1. 53. The Children's Ombudsman was concerned about budget cuts in the school system and its negative effects on children. Reference was made to cuts in both pre-schools and primary schools, including reductions in staffing, merging of class groups, and cancellation of courses. Cuts had especially negatively affected those who needed special support. The Ombudsman was concerned that this would increase dropout rates and be inconsistent with the authorities' policy of reducing the dropout rate in upper secondary schools, which was among the highest in Europe. 54. Children's Ombudsman referred to reports that facilities for children with special needs within the school system were inadequate and expressed concern that those children would receive less attention and poorer services than before. 55. Regarding immigrant children, JS1 reported that the Acts on compulsory and secondary school stipulated that every school had to prepare a receiving plan for children with another mother tongue than Icelandic. However, it noted that provisions and services for immigrant students varied greatly from one school to another. The situation of children who did not have sound knowledge of any language, neither their native tongue nor other languages was considered especially difficult. It was of great concern that a high percentage of immigrant children dropped out of school after finishing compulsory education. Immigrant children were also more at risk of becoming socially isolated or formed groups that coexisted in conflict with other immigrant groups or groups of Icelandic children. 56. In 2006, ECRI recommended that Iceland improve the opportunities for non-Icelandic mother tongue pupils to learn Icelandic as a second language in schools at all levels, and particularly at secondary level. ECRI encouraged Iceland to improve the availability of teaching of pupils' mother tongues other than Icelandic; and Iceland's efforts to address the situation of disadvantage of secondary students of immigrant background, including their disproportionately high drop-out rates. 62. JS1 explained that those applying for citizenship had to take an Icelandic language test and those who failed to meet the requirements were not granted citizenship unless Parliament granted them an exception. JS1 expressed concern about the risks of triple discrimination in terms of origin, sex and little or no education. There were many immigrant women who were illiterate or semi-illiterate and were unable to acquire reading and language skills in a manner that allowed them to maintain their full human dignity. The children of those women were especially vulnerable entering the Icelandic educational system. 66. The Children's Ombudsman stated that one of the negative side effects of the current economic situation in Iceland was the severe cutbacks taking place in all areas of Icelandic society. Those cutbacks negatively affected all societal groups, particularly the vulnerable. The Ombudsman pointed to the particular importance of protecting children and their rights during such times and ensuring that they received the services their welfare required. Accepted and Rejected Recommendations The following recommendations were accepted: A - 61.12. Ensure adequate human rights education and training for all professionals working with children (Slovenia); A - 61.13. Coordinate preventive measures for the elimination of this trend (of cases of violence and sexual abuse of children) and develop preventative training programs, in particular for teachers and other professionals working with children (Uruguay); A - 61.14. Formally incorporate education about child sexual abuse and its prevention into the training of teachers and other professionals working with children, health professionals, lawyers and police officers (Slovenia); A - 61.24. Increase efforts to effectively prevent trafficking in human beings for sexual exploitation and forced labour, including child prostitution, and take measures to ensure assistance to possible victims of human trafficking (Republic of Moldova); A - 61.25. Should overlook its legislation on custody and take actions to ensure that the welfare and protection of the children are prioritized in custody cases (Sweden); A - 62.5. Share its experiences with other countries with regard to its system in helping especially sexually abused or exploited children and adolescents, the so-called Barnahus (Finland); A - 62.14. Take necessary measures to ensure that no child is subject to religious practice that confines their religious freedom or the liberty of parents to ensure the religious and moral education of their children in conformity with their own convictions (Sweden); The following recommendations were rejected: No recommendations were rejected. The following recommendations were left pending: P - 63.16. Consider the creation of a public body tasked with monitoring and creation of preventative measures to counter violence and sexual abuse against children (United Kingdom); P - 63.17. Take legislative measures to ensure that all children are effectively protected from sexual exploitation (Iran); P - 63.18. Take legislative measures to ensure that children older than 14 years of age are effectively protected from sexual exploitation (Brazil); P - 63.19. Take legislative measures to ensure that children older than 14 years of age are effectively protected from sexual exploitation; and adopt the amendment bill to the General Penal Code, which would extend the statute of limitations in respect of sexual abuse cases against children (Israel); P - 63.20. Approach, at all instances, child victims of sexual exploitation as victims and not offenders, providing for appropriate victims’ reintegration (Slovakia); P - 63.21. Strengthen the protection framework for the rights of the child, particularly through measures to prevent child abuse, exploitation and violence against children, as well as facilitating access to justice and legal aid, and medical and psychological support to victims (Mexico); P - 63.23. Authorities ensure separate incarceration of juveniles and adults and of pre-trial detainees and convicted prisoners (Australia); P - 63.24. Establish a norm leading to the separation of women and men in penitentiary centres and between adults and minors; and set up measures to ensure compliance with this norm, having heard information on the measures that will be adopted in penitentiary centres (Spain);
10 October 2011, 9am to 12pm
UN Compilation
Stakeholder Compilation
Accepted and Rejected Recommendations