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HUMAN RIGHTS COMMITTEE CONCLUDES CONSIDERATION OF REPORT OF ICELAND
21 October 1998
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AFTERNOON
HR/CT/98/30
21 October 1998
Iceland Urged to Incorporate International Covenant on Civil and Political Rights into Domestic Law
The Committee on Human Rights completed this afternoon its discussion of a report submitted by Iceland, with members noting improvements in the human rights situation and calling for incorporation of the International Covenant on Civil and Political Rights into Icelandic domestic legislation.
In preliminary observations, Committee members remarked that although the European Convention on Human Rights was an excellent instrument, it was not as complete as the Covenant. They urged the Government of Iceland to incorporate the Covenant into domestic legislation.
Final, written concluding observations and recommendations of the Committee will be issued towards the end of its three-week session, which concludes 6 November.
Earlier in the meeting, a four-member Icelandic delegation responded to oral questions put to it by Committee members and also provided answers to the second part of a written list of queries prepared in advance on such topics as liberty and security of persons, right to a fair trial and right to freedom of expression.
Iceland, as one of 140 States parties to the Covenant, is obliged to submit periodic reports to the Committee on the status of civil and political rights in the country.
The Committee will reconvene at 10 a.m. on Thursday, 22 October, to consider the third periodic report of Belgium.
Consideration of Report
In response to oral questions raised by Committee members during the morning meeting, the delegation affirmed that the Government offered compensation to persons subjected to violations of their human rights. Similarly, measures were adopted to redress any prejudice carried out against any person with regard to rights enshrined in the Constitution.
With respect to freedom of religion, the delegation said that it was among the constitutionally protected rights. The right to form religious associations and practise religion in conformity with individual convictions was also guaranteed.
In response to the remaining written queries prepared in advance, the delegation said that new provisions were included in the reformed Constitution concerning liberty and security of persons. No one should be deprived of his or her liberty except in accordance with the law which might justify the deprivation of liberty. The Constitution also guaranteed the right of a person who had been the victim of unlawful arrest or detention to have an enforceable right to compensation.
The delegation affirmed that the Government of Iceland still maintained its reservation with respect to the separation of juvenile prisoners from adults. The Government had not yet contemplated the withdrawal of that reservation, however, a study was under way to make it possible to have juvenile prisoners serve their term in institutions governed by the Agency for Child Protection. Actually, there were only two children under the age of 18 years serving prison terms.
Concerning the right to a fair trial, the delegatioin said that the position of the Government to maintain its reservation on that issue remained unchanged. Icelandic law on criminal procedure provided for the possibility to have a case reopened, in spite of the fact that a person had been acquitted, if there was newly discovered evidence, or if there had been a fundamental defect in the previous proceedings which could have affected the outcome of the case.
As regards right to freedom of expression, the delegation said that the amended Constitution had expressly added the freedom of opinion, be it verbal or printed. The new provision on freedom of expression was intended to have similar wording as article 19 of the Covenant and was aimed at being interpreted in light of those international provisions guaranteeing freedom of expression.
In supplementary questions, Committee members raised such issues as the principle of presumption of innocence; discrimination based on sexual orientation such as homosexuality; and review of laws by courts, among other things.
The delegation said that the position of Iceland was that domestic legislation prevailed over international law. It was for that reason that Iceland did not incorporate the Covenant into domestic law. However, the provisions of the Covenant had been reflected in the country's Constitution.
With regard to limitation of appeals in criminal procedures, the delegation said that in order to ease the burden and the work load of the Supreme Court, appeals concerning minor criminal cases were limited and were some times refused.
The delegation further said that there was a proposition that a new law be enacted enabling homosexual persons to have their cohabitation formally confirmed by the authorities, and providing that such "confirmed cohabitation" imposed duties and conferred rights similar to marriage between heterosexual persons. It was proposed, however, that homosexual persons not be allowed to adopt children, and that any children in the custody of one of the parties at the time the cohabitation was formalized would not come under the custody of the other party. A bill in that direction was under preparation to be submitted to the country's Parliament, the delegation added.
Preliminary Concluding Observations and Recommendations
In their preliminary concluding observations and recommendations, Committee members said that Iceland had produced a good report and had submitted it within the time limit prescribed in the Committee's guidelines. The report had allowed the establishment of a genuine dialogue between the delegation and members of the Committee.
Committee members emphasized that the improvements of the human rights situation in Iceland were positive. However, the Committee's major concern focused on the fact that Iceland did not incorporate the provisions of the Covenant into domestic legislation. It said that the preeminence of domestic law over international law was not in conformity with the spirit of the Vienna Convention on Treaties.
The Committee members said that although the European Convention on Human Rights was an excellent instrument, it was not as complete as the Covenant. They urged the Government of Iceland to incorporate the Covenant into domestic legislation.
HR/CT/98/30
21 October 1998
Iceland Urged to Incorporate International Covenant on Civil and Political Rights into Domestic Law
The Committee on Human Rights completed this afternoon its discussion of a report submitted by Iceland, with members noting improvements in the human rights situation and calling for incorporation of the International Covenant on Civil and Political Rights into Icelandic domestic legislation.
In preliminary observations, Committee members remarked that although the European Convention on Human Rights was an excellent instrument, it was not as complete as the Covenant. They urged the Government of Iceland to incorporate the Covenant into domestic legislation.
Final, written concluding observations and recommendations of the Committee will be issued towards the end of its three-week session, which concludes 6 November.
Earlier in the meeting, a four-member Icelandic delegation responded to oral questions put to it by Committee members and also provided answers to the second part of a written list of queries prepared in advance on such topics as liberty and security of persons, right to a fair trial and right to freedom of expression.
Iceland, as one of 140 States parties to the Covenant, is obliged to submit periodic reports to the Committee on the status of civil and political rights in the country.
The Committee will reconvene at 10 a.m. on Thursday, 22 October, to consider the third periodic report of Belgium.
Consideration of Report
In response to oral questions raised by Committee members during the morning meeting, the delegation affirmed that the Government offered compensation to persons subjected to violations of their human rights. Similarly, measures were adopted to redress any prejudice carried out against any person with regard to rights enshrined in the Constitution.
With respect to freedom of religion, the delegation said that it was among the constitutionally protected rights. The right to form religious associations and practise religion in conformity with individual convictions was also guaranteed.
In response to the remaining written queries prepared in advance, the delegation said that new provisions were included in the reformed Constitution concerning liberty and security of persons. No one should be deprived of his or her liberty except in accordance with the law which might justify the deprivation of liberty. The Constitution also guaranteed the right of a person who had been the victim of unlawful arrest or detention to have an enforceable right to compensation.
The delegation affirmed that the Government of Iceland still maintained its reservation with respect to the separation of juvenile prisoners from adults. The Government had not yet contemplated the withdrawal of that reservation, however, a study was under way to make it possible to have juvenile prisoners serve their term in institutions governed by the Agency for Child Protection. Actually, there were only two children under the age of 18 years serving prison terms.
Concerning the right to a fair trial, the delegatioin said that the position of the Government to maintain its reservation on that issue remained unchanged. Icelandic law on criminal procedure provided for the possibility to have a case reopened, in spite of the fact that a person had been acquitted, if there was newly discovered evidence, or if there had been a fundamental defect in the previous proceedings which could have affected the outcome of the case.
As regards right to freedom of expression, the delegation said that the amended Constitution had expressly added the freedom of opinion, be it verbal or printed. The new provision on freedom of expression was intended to have similar wording as article 19 of the Covenant and was aimed at being interpreted in light of those international provisions guaranteeing freedom of expression.
In supplementary questions, Committee members raised such issues as the principle of presumption of innocence; discrimination based on sexual orientation such as homosexuality; and review of laws by courts, among other things.
The delegation said that the position of Iceland was that domestic legislation prevailed over international law. It was for that reason that Iceland did not incorporate the Covenant into domestic law. However, the provisions of the Covenant had been reflected in the country's Constitution.
With regard to limitation of appeals in criminal procedures, the delegation said that in order to ease the burden and the work load of the Supreme Court, appeals concerning minor criminal cases were limited and were some times refused.
The delegation further said that there was a proposition that a new law be enacted enabling homosexual persons to have their cohabitation formally confirmed by the authorities, and providing that such "confirmed cohabitation" imposed duties and conferred rights similar to marriage between heterosexual persons. It was proposed, however, that homosexual persons not be allowed to adopt children, and that any children in the custody of one of the parties at the time the cohabitation was formalized would not come under the custody of the other party. A bill in that direction was under preparation to be submitted to the country's Parliament, the delegation added.
Preliminary Concluding Observations and Recommendations
In their preliminary concluding observations and recommendations, Committee members said that Iceland had produced a good report and had submitted it within the time limit prescribed in the Committee's guidelines. The report had allowed the establishment of a genuine dialogue between the delegation and members of the Committee.
Committee members emphasized that the improvements of the human rights situation in Iceland were positive. However, the Committee's major concern focused on the fact that Iceland did not incorporate the provisions of the Covenant into domestic legislation. It said that the preeminence of domestic law over international law was not in conformity with the spirit of the Vienna Convention on Treaties.
The Committee members said that although the European Convention on Human Rights was an excellent instrument, it was not as complete as the Covenant. They urged the Government of Iceland to incorporate the Covenant into domestic legislation.