Demande directe (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

1. Article 1(1)(a) of the Convention. Sexual harassment. The Committee notes the Government’s response to the Committee’s 2002 general observation regarding sexual harassment in the working environment, in particular the Government indicates that the formal studies on sexual harassment in 1998 demonstrated that 36 per cent of the participants in the study had been victims of sexual harassment in the workplace, 93 per cent of whom were women. In response to these findings, the Gender Equality Act was amended to include article 17, which prohibits sexual harassment in, inter alia, the workplace. The Committee notes the Government’s information that no cases under the new provisions have yet been concluded, but that one complaint is currently before the Gender Equality Complaints Committee and one case was brought in the criminal jurisdiction under the Penal Code. The Committee asks that the Government provide in future reports information on the practical application of the new provisions.

2. Article 1. Application in law. In relation to its previous request that the Government provide information on the manner in which discrimination on the grounds listed in the Convention other than sex is prohibited and equality promoted, the Committee notes with interest the Government’s indication that extensive amendments were made in 1995 to the human rights provisions of the Constitution Act 97/1995. In particular, the Committee observes the addition of article 65, which provides that all persons will be equal before the law and enjoy human rights without regard to sex, religion, opinion, national origin, race, colour, financial status, parentage and other status. With respect to the judgements referred to by the Government in its report as evidencing the broadening of the constitutional protection of the various rights guaranteed in the international human rights Conventions, the Committee asks the Government to provide details of the relevant judgements in its next report. The Committee furthermore asks the Government to provide a copy of the legislative amendments to the Constitution Act.

3. Article 2. Implementation of national policy on equality. The Committee notes the information provided by the Government that the Centre for Gender Equality has begun preparation for a new action plan for the years 2004-08. This will follow the 1998-2003 Action Plan (originally the 1998-2001 Action Plan, extended to 2003 in 2001). The purpose of the action plans is to emphasize mainstreaming ideology and methods involving ministries in the work of equality and non-discrimination. The overall effects of the revised 1998-2003 Action Plan included that the proportion of women in the police force rose from 4.3 per cent in 1996 to 8.02 per cent in 2001. In 1997, the number of women graduating from the Police Training College was 7.14 per cent, which increased to 16.13 per cent in 2001. The number of women prison guards increased from 7.7 per cent in 1996 to 15.6 per cent in 2001. The Committee notes also the general and ministry-specific projects to be implemented under the final two years of the revised 1998-2003 Action Plan. The Committee requests that the Government to provide details of the specific action plans initiated and the practical effects. In this respect, the Committee observes also that projects have been undertaken by the Gender Equality Council to equalize the status and rights of women and men, referred to in the Government’s first report under the Workers with Family Responsibilities Convention, 1981 (No. 156), and asks that the Government provide details of these projects in its next report.

4. Article 3(b). Education and training. The Committee notes the various measures taken in conformity with the Gender Equality Act 96/2000, which specifies that education on equality issues is to be provided at all levels of schooling by emphasizing the equal preparation of women and men for active participation in society, family life and the labour market. The Committee hopes that the Government will continue to provide details of these measures.

The Committee notes the international projects for training of trainers undertaken by the Women’s Education Centre in Akureyri and the associated establishment of four more centres in rural Iceland. The Committee notes with interest that, five years after the implementation of the Women’s Education Centre projects, employment among the sample group of women had risen from 16 per cent to 55 per cent. The Committee trusts that the Government will continue providing information on the results of the projects undertaken by the Women’s Education Centre and similar centres.

5. Part III of the report form. Enforcement. Regarding the information provided by the Government relating to decisions of courts or tribunals on the application of the principle of the Convention, the Committee notes the five judgements of the Supreme Court concerning the Equality Act, including one in the area of employment. The Committee trusts that the Government will continue providing details of relevant judicial and administrative findings in this respect.