COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS CONCLUDES DEBATE ON THIRD PERIODIC REPORT OF ICELAND

CESCR
30th session
14 May 2003





The Committee on Economic, Social and Cultural Rights today concluded its consideration of a third periodic report of Iceland on its implementation of the provisions of the International Covenant on Economic, Social and Cultural Rights.
In their response to questions raised by the Committee Experts, the members of the Icelandic delegation said, among other things, that poverty was not debated until recently when some experts started to speak out on the issue; however, even those who were vulnerable to poverty, such as students, were able to live with the loans they received. Poverty appeared to be associated with particular social groups, such as students, unemployed persons and single mothers.
The delegation also said that persons with disabilities represented 10.1 per cent of the working population, which required further efforts to enable them to work and live normally. A committee had been established recently to suggest new legal provisions which would further improve the living and working conditions of disabled persons.
Over the course of the meeting, the Committee Experts raised a number of questions on the phenomenon of domestic violence; the situation of trafficking in women; the lack of sufficient support for single parents; the prohibition of corporal punishment; the availability of heating for everybody due to the country's harsh weather; the incidence of HIV/AIDS in Iceland; measures against the scourges of alcoholism and smoking; the reasons for permanent foster care of children; the rate of school dropouts; and efforts against poverty, among other things.
The Committee will issue its conclusions and recommendations on the report of Iceland towards the end of its three-week session which will close on 23 May.
As one of the 146 States parties to the International Covenant, Iceland is obligated to present periodic reports to the Committee on how it was giving effect to the provisions of the treaty. A four-member Icelandic delegation was on hand to present the report and answer questions raised by Committee Experts during the one-and-half day debate.
When the Committee reconvenes at 10 a.m. on Thursday, 15 May, it is scheduled to take up the second periodic report of Israel (E/1990/6/Add.32).

Discussion
Responding to questions raised by Committee Experts yesterday afternoon, the delegation of Iceland said that there were clear rules on the rights and obligations of State officials concerning the right to strike. In some public sectors, employees were restricted from exercising any right to strike due to the nature of their work related to security and public interests.
The authorities issued work permits valid for given sectors, the delegation said. Work permits could be restricted for certain jobs. The criteria for the issuance of work permits did not imply any form of discrimination against the foreigner. The restriction did not limit the foreigner from obtaining a work permit to carry out other jobs.
The Government had laid out rules and regulations on fishery activities by assigning limited amounts of cache shares to individual fishermen and fishing vessels, the delegation said. The Fishery Management Act had been adopted by the Government to regulate the fishing system. Access by new fishing vessels to the business was difficult because of the limited cache shares exercised by the State for economic reasons.
Between 1993 and 1996, 1,902 accidents had been reported at different workplaces in Iceland, the delegation said. Other fatalities against seamen had also occurred offshore due to capsized fishing vessels. The total number of accidents related to work had decreased in recent years. The Government had been deploying further efforts to reduce the number of accidents by introducing safety and security measures in working areas.
There was no law on minimum wage in Iceland, the delegation said, adding that such a wage was determined by collective agreements reached between trade unions, employers and the Government. In 1997, an agreement had been reached to raise the lower wage of workers.
Poverty in Iceland was not debated until recently when some experts started to speak out on the issue, the delegation said. Even those who were vulnerable to poverty, such as students, were able to live with the loans they received. Many people received social benefits to support them. Poverty appeared to be associated with particular social groups, such as students, unemployed persons and single mothers.
Workers should work for five years to receive unemployment benefits, the delegation said. Those who exhausted their rights or were unable to benefit from the scheme could apply for financial assistance. The unemployment rate varied from one region to the other. Unemployment had undergone a substantial reduction in recent years, from 4.3 per cent in 1997 to 1.3 per cent in 2000.
Self-employed professionals were associated with the national pension scheme and the occupational pension system, the delegation said. This category of workers should contribute to the pension fund in order to benefit later on. Pension from the national pension scheme was based on residence for both old age and invalidity pension. For full pension, 40 years residence was required. National pension was financed by taxes and the social security contribution imposed on all remuneration paid for dependent personal services and presumptive employment incomes of the self-employed.
Iceland had made agreements with the European Union countries and Switzerland on coordination of social security rights, the delegation said. In the agreements insurance in the other country for the last six months equalled six months residence in Iceland. If a national of those countries resided in Iceland, the person was fully covered by the sickness insurance in Iceland. According to the Act of Social Security, sickness insurance was based on residence.
The demographic changes of the country had been discussed widely at the international and national levels, the delegation said. Persons above 65 years of age represented 11.5 per cent of the whole population, which numbered slightly less than 260,000,. About 50 per cent of the population resided in the capital city of Reykjavik.
Persons with disabilities represented 10.1 per cent of the working population, the delegation said. Personal support was provided to working disabled persons. Efforts were being made to allow them to work and live normally. A committee had been established recently to propose new legal provisions which would further improve the living and working conditions of disabled persons.
Committee Experts raised a number of questions on such issues as the phenomenon of domestic violence; the situation of trafficking in women; the lack of sufficient support to single parents; the prohibition of corporal punishment; the justiciability of the right to adequate housing; the problem of homelessness; the conditions for artificial insemination; the control of pricing and usage of medicinal products; the available of heating for everybody due to the country's harsh weather; the recipe and reasons for the high life expectancy; the consideration of rape as a domestic violence; the incidence of HIV/AIDS in Iceland; the measures against the scourges of alcoholism and smoking; the reasons for permanent foster care of children; and the adoption of children from all over the world.
Committee Experts further asked why the Covenant had not been publicized since 1979; about the position of Iceland on the Committee's plan on a general discussion on article 15 of the Covenant on citizens' participation in cultural activities; on the teaching of human rights and tolerance in schools; concerning the rate of school dropouts; if a national strategy against poverty was envisaged; the language of education from primary school to higher studies; and if school fees were affordable at all stages of educational levels, among other things.
Responding, the delegation said that the phenomenon of family and domestic violence had held the attention of the Government in recent years. Measures had been taken to combat all forms of violence. The victims had the right to have a legal advisor in the event the case was brought to the attention of the judicial bodies. The Penal Code and Penal Procedural Code had been revised to severely penalize the perpetrator of the violence. Any serious violence could be punished by up to 16 years imprisonment. The law had also been amended to protect witnesses involved in such cases. A special budget had also been allocated to assist persons suffering from domestic violence.
The Icelandic parliament had recently amended the penal law concerning trafficking in persons, the delegation said. There had not been specific provisions on the issue. The Government had already ratified the convention on organized crime.
Many women from the Baltic countries had been coming to Iceland to dance in nightclubs and bars, the delegation said. They worked for three months and then moved on to other countries. Since 2002, a legal amendment had been introduced on the manner through which foreigners were allowed to enter the country. The registration of these dancers upon their arrival had allowed the Government to control the situation. Last year, private dancing performances had been prohibited and the rights of nightclub owners to employ dancers had been curtailed. It was not clear whether acts of prostitution had been committed at the nightclubs. There was a lot of cooperation between the Nordic countries on the issue of trafficking in women.
The minimum punishment for rape was 12 months, the delegation said. However, the average penalty had been on the increase for some time now. The issue of raising the minimum punishment was being debated. In general, the crime of rape could be penalized by up to 16 years imprisonment.
The issue of artificial insemination had raised moral questions on its utilization and the lack of possibilities to trace back the origin of the sperm donor, the delegation said. A married woman could be artificially inseminated. However, if homosexual couples had artificial insemination, this might pose a problem for the children in the future. The same problem could be encountered if a single woman was artificially inseminated. Although homosexual couples had been recognized as normal couples in many Nordic countries, the issue of child adoption and artificial insemination had met with obstacles, and those couples were excluded from doing so.
For the future of adopted children or children born of artificial insemination, the health conditions of the parents should be satisfactory, the delegation said. The well being of the children mattered most to the authorities of Iceland. For that reason, an arsenal of legislation had been put in place to protect and promote the rights of children.
The existence of the International Covenant was widely known among the population, particularly at the university level where it was mentioned in many courses, the delegation said. Human rights teachings were also provided to children at all levels.
There were no tuition fees at State institutions of higher education, only registration fees were asked, the delegation said. Because of the facilities put in place to reintegrate dropouts into the secondary schools, the number of dropouts had gone down. A life-time learning method had been developed to help people who did not complete higher secondary education.
The Government had the obligation to guarantee families the right to adequate housing, the delegation said. Families were given the opportunity to either rent or buy a house. An easy mortgage system had been put in place to facilitate a long-term loan for the purchase of family houses. Loans for additional housing property were also provided at a reduced rate. Interest payments could be calculated by taking into account the family's capacity to pay and the number of children in the family. A committee had been created to assess the housing situation in the country and it had to report to the Ministry of Social Affairs, which would use the information to modify its housing policy.
Corporal punishment was prohibited, the delegation said. The society believed that using violence against children as a disciplinary measure was not a good method to bring up children.
The child protection committee was monitoring the conditions of children in foster institutions, the delegation said. The measures to deprive parents of their parental rights should be done for the best interest of the child. In that case, the child should be put in foster institutions or with other families. Parents deprived of custodial rights could appeal to higher courts. In 2000, only 68 children were admitted to foster families while in 2001, 51 children were put in foster families or institutions.
A new act had changed the age of children receiving social benefits from 16 to 19 years of age, the delegation said. All children between that age group could receive social benefits provided by the State.
Only 7 persons were detected in 2002 as being infected with HIV, the delegation said. From 1999 to 2001, 31 persons were diagnosed as carrying the virus.
There were no comparable studies and statistical data on the issue of alcoholism in Iceland, the delegation said, adding that 6.5 litres of alcohol were consumed per year, per inhabitant, including children above 15 years old. The situation of alcoholic consumption was comparable to that of Sweden. Measures were taken to reduce the overall alcoholic consumption and bring it to 5 litres within the coming few years.
The practice of surrogate motherhood was prohibited in Iceland, the delegation said, adding that the issue was not a social issue at present.
Children born out of wedlock were considered equal to children born to married parents, and fathers had the obligation to support the children, the delegation said. Legally and socially, there was no difference between children born within or out of legal marriages.
Women in Iceland were taking over the traditionally male-dominated activities, including studying at universities, the delegation said. Except for the engineering faculties of the universities, all other faculties were dominated by girl students. That tendency was a positive development providing opportunities to women. It was hoped that by next year, a number of high public and private posts would be taken over by women.
Asked if the Government was intending to establish separate courts for juvenile offenders, the delegation said that since Iceland had a very small and effective judicial system, there was no need to have such courts.



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