Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Iceland (Ratification: 1963)

Other comments on C111

Observation

Direct Request

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Article 1(1)(a) of the Convention. Sexual harassment. The Committee recalls that it had requested the Government to provide a copy of Regulation No.1009/2015 on measures against ostracism, sexual harassment, gender-based sexual harassment and violence in the workplace and to report on the measures and plans that have been developed to implement it, and on their impact in preventing and punishing such types of discrimination. In the absence of information on this particular point, the Committee asks once again the Government to provide information on: (i) the measures taken within the framework of Regulation No.1009/2015 to address cases of sexual harassment in workplaces; and (ii) the number, nature and outcome of any cases or complaints of sexual harassment dealt with by the labour inspectors, the courts or any other judicial or administrative competent authority. Please provide a copy of Regulation No.1009/2015.

Articles 2 and 3. Equality of opportunity and treatment irrespective of race, national extraction and social origin. The Committee notes with interest the adoption in 2018 of Act No.86 on Equal Treatment on the Labour Market, which provides for equal treatment of individuals on the labour market, irrespective of their race, ethnic origin, religion, life stance, disability, reduced working capacity, age, sexual orientation, gender identity, sexual characteristics or gender expression (section 1) and that it shall apply as regards to the different stages of the employment cycle, as indicated in details in its observation. With regard to the discrimination based on race, national extraction and social origin, which are grounds of discrimination not formally prohibited by Act No. 86 of 2018, the Committee observes that in its concluding observations, the UN Committee on the Elimination of Racial Discrimination (CERD) expressed its concern about “the unemployment rate among persons belonging to ethnic minorities or with migrant backgrounds which remains high, at 7.4 per cent – which is more than twice as high as that among the general population” (CERD/C/ISL/CO/21-23, 18 September 2019, paragraph 19). The Committee asks the Government to provide information on the proactive measures taken to promote equal opportunity and treatment in access to education and employment for all men and women, irrespective of race, national extraction, and social origin and the impact of those measures on their inclusion in the education system and on the labour market.

General observation of 2018. Regarding the above issues and more generally, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Article 2. National plan of action, occupational segregation and gender stereotyping. Previously, the Committee asked the Government to provide information on the measures taken to implement the Gender Equality Action Plan for 2016–2019 (GEAP). In this regard, the Committee notes the Parliamentary Resolution on a gender equality action programme for the period 2016–19 which set up a road map for gender equality in areas such as the media and the education. According to the Resolution, in collaboration with the Centre for Gender Equality and under the leadership of the Ministry of Welfare, the ministries’ gender equality officers are to draw up a comprehensive four-year schedule on the mainstreaming of gender-responsive and gender equality considerations in the policy-making and decision-taking of the ministries and government bodies. According to the Government, although, women’s employment rate is steadily increasing (80 per cent in 2018), 34 per cent of women still work in part-time jobs, compared to 12 per cent of men. Women are also poorly represented in senior company positions and on boards of directors with only 10 per cent of them holding CEO positions, 22 per cent as secretaries general and 26 per cent on boards of directors in the 100 largest companies in Iceland. The Government also indicates that such a situation is the result of gender-based social norms and gender stereotypes, which are deeply rooted in the society. The Government states that, studies showed that the adoption of the Act No.95 of 2000, as amended in 2017 on Maternity/Paternity and Parental Leave has improved the position of women in the labour market, as one of the main objectives of the Act is to enable both men and women to balance work and family life. With regard to the measures taken to implement Act No.95, the Committee refers to its detailed comments under the Workers with Family Responsibilities Convention, 1981 (No. 156). The Committee asks the Government to provide updated information on the results achieved following the implementation of the Gender Equality Action Plan for 2016– 2019, as well as the Parliamentary Resolution on a gender equality action programme for the period 2016–2019, in terms of addressing gender segregation and stereotypes concerning women and men in the labour market.

Enforcement. The Government indicates that from 2016 to 2018, a number of judicial/administrative decisions on the application of the Equality Act No. 10/2008 were issued (two cases in the district court; three cases in the Supreme Court and 16 cases in the Equality Complaints Commission) but the Commission notes that the ground of discrimination invoked were not specified. The Committee asks the Government to continue to provide information on any case regarding employment discrimination based, as a minimum, on the grounds prohibited by the Convention detected by or reported to labour inspectors, or dealt with by the courts or administrative bodies, and on their outcomes.