ICELAND: National Laws

Summary: General overview of Iceland’s national legal provisions on children's rights, including guidance on how to conduct further research.

National laws on children's rights

Status of CRC in national law
Under Iceland's Constitution, international conventions, including the Convention on the Rights of the Child, are only binding in international law. As such the CRC is not directly incorporated into national law and cannot be directly invoked in Icelandic courts. There is, however, a principle that, where possible, national law should be interpreted with reference to international law. Where international and national law are mutually exclusive, however, the latter generally takes precedence.

Constitution: The Constitution of Iceland contains thirteen human rights provisions that apply regardless of age, but contains only one article that makes specific reference to the rights of children:

• Article 76: provides that “[f]or children, the law shall guarantee the protection and care which is necessary for their well-being.”

Legislation: Iceland has an extensive law relating to the rights of children. Relevant legislation includes, but is by no means limited to:

• the Penal Code (amended 2007)

• the Children's Act, No. 76/2003

• the Youth Act, No. 70/2007

• the Child Protection Act, No. 80/2002 (amended 2011)

• the Media Act, No. 38/2011

• the Preschool Act, No. 90/2008

• the Primary School Act, No. 91/2008 (amended 2011)

• the Secondary School Act, No. 92/2008

• the Act on Maternity/Paternity Leave and Parental Leave, No. 95/2000

• the Act on Education and Career Counsellors, No. 35/2009

Legal research:
Government and ministerial websites provide a range of legal resources, including an English translation of the Constitution (http://www.government.is/constitution/) and a range of relevant legislation (http://eng.innanrikisraduneyti.is/legislation/). Customary law can be a source of authority in Icelandic law, particularly in Constitutional law, and the latest codes are available online (http://www.boksala.is/DesktopDefault.aspx/tabid-8/prodid-43872/), though only in Icelandic. Part of the relevant codes can be found in English translation through the websites of the various Ministries (http://www.government.is/). Statements of Administrative authorities such as Ombudspersons can also have significant authority. The website for the Ombudsman for Children (http://www.barn.is/barn/adalsida/english/) publishes its statements, though little is available in English. In addition, the GlobaLex Initiative at New York University has published a guide to legal research in Iceland (http://www.nyulawglobal.org/Globalex/Iceland1.htm) and both the U.S. Law Library of Congress (http://www.loc.gov/law/help/guide/nations/iceland.php) and World Legal Information Institute offer collections of relevant government and legal research links.

Case law
CRC Jurisprudence
Please contact CRIN if you are aware of any cases in national courts that reference the Convention on the Rights of the Child.

Case Law Research
Decisions of the Supreme Court (http://www.haestirettur.is/control/index?pid=330) and the District Court are available online (http://www.domstolar.is/domaleit/) , though only in Icelandic.

Compliance with the CRC
The Committee on the Rights of the Child has been largely complimentary of Iceland's implementation of the Convention. The Committee welcomed a number of legislative reforms in its 2011 Observations, including amendments to the Child Protection Act and the Penal Code, and the passage of a new Youth Act. There were a number of more minor areas of Icelandic law, however, in which the Committee expressed concern and made recommendations for further reform.

In depth analysis:
The existence of “double criminality” (art. 5 General Penal Code) in Icelandic law is something that the Committee has consistently objected to in its Concluding Observations. The rule is such that offences committed abroad may only be punished in Iceland if the conduct was punishable in the country where it was committed. The Committee expressed its concern specifically with reference to offences on sale, prostitution and pornography involving children, noting that the rule might limit the protection of children against these crimes.

With regards to the disparity between the end of compulsory education (16 years) and the minimum age for work (15 years) the Committee recommended that the State party harmonise the two limits. The Committee also raised concerns about reports of children working long hours with high rates of work accidents and harassment. The Committee recommended that the State take steps to protect children “against bad working conditions and inappropriate work arrangements, including working long hours, taking on responsibilities above and beyond those commensurate with their age, work accidents and harassment”.

While recognising the agreement between the State Prison and Probation Administration and the Governmental Agency for Child Protection regarding the imprisonment of persons under 18 years of age, the Committee noted that the agreement falls short of a legal guarantee that children will be detained separately from adults. Iceland has registered a reservation from article 37(c) of the CRC, but the Committee has nevertheless recommended that the State revoke its reservation and bring national law into conformity with article 37.

Current reform projects:
As of November 2009, the Minister of Justice had appointed a committee to consider, among other things, legislation relating to the involvement of children in armed conflict.