Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

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

Article 1(2) of the Convention. New definitions of direct and indirect discrimination, gender and sexual harassment and gender-based violence. The Committee notes with interest the strengthening of the definitions of direct and indirect gender-based discrimination, gender and sexual violence and gender-based violence set out in section 2 of the Act on Equal Status and Equal Rights of Women and Men of 2008, as amended by Act No. 62/2014. It also notes from the Government’s report that these amendments were made to better encompass the provisions of the relevant European Council Directives concerning equal treatment between men and women in employment and occupation. With reference to its previous comments concerning section 2 of the Act and conformity with the Convention, the Committee notes that the new definition of indirect discrimination is clearer and trusts that the Government will ensure that the exception provision which reads “unless this can be objectively justified by a legitimate aim, and the means of achieving that aim are appropriate and necessary”, will be interpreted within an employment context to mean the inherent requirements of a particular job, in accordance with Article 1(2) of the Convention.

Sexual harassment. Further to the amendments referred to above, the Committee notes from the Government’s report that Regulation No. 1009/2015 on measures against ostracism, sexual harassment, gender-based sexual harassment and violence in the workplace has been adopted to clarify the obligations of employers regarding the measures to be taken to address these forms of discrimination, including the obligation to draw up workplace-level plans. The Committee asks the Government to supply a copy of the new Regulation 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.

Article 2. National plan of action. The Committee notes that, according to the Centre for Gender Equality, the Parliament agreed on a new action plan in September 2016, for the period 2016–19, to follow the action plan adopted by the previous government, which expired in 2014. The new action plan aims to: integrate a gender perspective into all aspects of governmental policy- and decision-making; promote equal pay for equal work; fight against gender stereotypes in the workforce and in the media; promote gender equality in schools; and promote a less gendered labour market and equal opportunity for all. The Committee welcomes the adoption of the Action Plan which addresses many aspects of discrimination in employment and occupation and asks the Government to report on the measures taken for its implementation and the results achieved.

Occupational segregation and gender stereotyping. Taking into account the fact that Iceland continues to be ranked as the most advanced country in gender equality according to the World Economic Forum, the Committee nevertheless notes that issues of equal pay, gender segregation in the labour market and sex stereotyping remain challenges in the promotion of equality as opportunity and treatment in employment and occupation. In March 2016, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) recommended the Government to “enhance awareness raising through media and implement measures to eliminate stereotypes and structural barriers that might deter boys and girls from enrolling in non-traditional educational and occupational choices or impede women’s advancement in academic institutions, the labour market, the family and society”, and to “continue to take proactive measures to eliminate occupational segregation” (CEDAW/C/ISL/CO/7-8), 10 March 2016, paragraphs 17 and 30. The Committee notes that the national Action Group on Equal Pay submitted a plan of action on ways of eliminating gender-based choices in education and careers and that a number of activities have taken place in the course of implementing the plan, including seminars, research and work with private companies to expand the presence of women in traditionally male sectors. It further notes that, pursuant to the legislative mandate to increase the percentage of women on the boards of companies with over 25 employees, the proportion of women continues to rise slowly, showing an overall positive trend for the companies covered by the legislation. The Committee asks the Government to continue taking action to address these matters and to provide information on the steps taken to address vertical and horizontal gender segregation and stereotypes concerning women and men in the labour market, their impact and the concrete results achieved.

Equality of opportunity and treatment in employment and occupation irrespective of race, colour or national extraction. Noting that comprehensive non-discrimination legislation has still not been adopted, the Committee asks the Government to provide information on any policies, research, activities or programmes developed to prohibit or address discrimination against men and women of foreign backgrounds in employment and occupation.

Enforcement. The Committee asks the Government to continue providing information on any judicial or administrative decisions relating to discrimination in employment and occupation.