Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

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

Article 1(1)(a) of the Convention. Sexual harassment. Further to its previous comment, the Committee notes that under article 3(d) of Regulation No. 1009/2015 on measures against victimisation, sexual harassment, gender-based harassment and violence in workplaces, sexual harassment is defined as a “sexual conduct of any type that has the purpose, or the effect, of offending the dignity of the person affected by it, particularly when the conduct leads to threatening, hostile, degrading, humiliating or insulting situations. The conduct may be verbal, symbolic and/or physical.” In this regard, the Committee recalls its 2003 general observation highlighting the importance of taking effective measures to prevent and prohibit sexual harassment at work, and that such measures should address both quid pro quo and hostile environment sexual harassment (see the General Survey of 2012 on fundamental Conventions, paragraph 789). The Committee takes note of the Government’s indication, in its report, that several educational materials and tools to prevent and respond to harassment, sexual harassment, gender-based harassment and violence (EKKO in Icelandic) were developed under the EKKO Project. This Project is aimed at enhancing preventive measures and educating workplaces about factors that contribute to a healthy workplace culture. The Committee also notes that, in February 2023, part of the Project’s outputs was introduced through a campaign called “Let’s Join Hands – Take Action against Sexual Harassment” which was launched through advertisements on bus shelters, television, online media and social media. Furthermore, the Government lists examples of measures adopted in order to prevent and respond to harassment, sexual harassment and violence, such as educational videos; support materials for workplaces with fewer than ten employees; and educational materials for employees and managers (to guide them in responding to sexual harassment and violence in accordance with Regulation No. 1009/2015). The Government also indicates that a checklist with flowcharts was issued to ensure proper case management in matters related to harassment, sexual harassment and violence. In this respect, the Committee notes that, according to the Government, between June 2019 and May 2023, nine cases were submitted to the Administration of Occupational Safety and Health (AOSH) either seeking advice or guidance from AOSH or making a comment or a referral to instances of EKKO cases. In seven cases, AOSH requested a written safety and health plan, including an emergency response plan from the workplace in question. The Government adds that the Equality Complaints Committee did not receive any complaints of sexual harassment during the abovementioned period. In this respect, the Committee recalls that the absence of complaints regarding sexual harassment does not necessarily indicate that this form of sex discrimination does not exist; rather, it is likely to reflect the lack of an appropriate legal framework; the lack of awareness, understanding and recognition of this form of sex discrimination among Government officials, and workers and employers and their organizations; as well as the lack of access to or the inadequacy of complaints mechanisms and means of redress; or fear of reprisals (see the General Survey of 2012, paragraph 790). The Committee asks the Government to specify if the definition of sexual harassment contained in Regulation No. 1009/2015 covers both quid pro quo and hostile environment sexual harassment. It also asks the Government to continue to provide information on: (i) the measures taken within the framework of the above-mentioned Regulation to address cases of sexual harassment in workplaces; and (ii) the number, nature and outcome of cases or complaints of sexual harassment dealt with by the labour inspectors, the Equality Complaints Committee, the courts or any other competent judicial or administrative authority.

Articles 2 and 3. Equality of opportunity and treatment irrespective of colour, national extraction and social origin. In reply to the Committee’s previous comment, the Government indicates that the Immigration Action Plan for 2022–25 aims to enhance the position of immigrants in Iceland. Chapter 4 of the Plan places emphasis on strengthening the position of immigrants in the Icelandic labour market through measures aimed at reducing the unemployment rate among them (Chapter 4.3) and ensuring that they have equal access to job opportunities and receive the same wages and benefits as others for equivalent work. The Committee further notes from the Government’s indication that Chapter 3 of the Plan, which focuses on education, provides for a series of actions aimed at utilizing the education and workforce of immigrants for their benefit and the benefit of the entire community. According to this chapter, efforts shall be made to ensure that young people with foreign backgrounds complete their secondary education; to put emphasis on teaching Icelandic as a second language; to better equip teachers so that they can handle teaching in a multicultural society; and to increase the quality and access to Icelandic lessons for adult immigrants. The Government also indicates that the Foreign Nationals’ Right to Work Act No. 97/2002 shall be reviewed. The Committee asks the Government to provide information on: (i) the measures implemented under the Immigration Action Plan for 2022–25 and their impact on the inclusion of immigrants in the Icelandic education system and on the labour market; and (ii) the review of the Foreign Nationals’ Right to Work Act and any other measures, adopted or envisaged, to promote equal opportunity and treatment in access to employment and occupation for all, irrespective of colour, national extraction and social origin.

General observation of 2018. The Committee takes note of the information provided by the Government regarding the Immigration Action Plan for 2022–25, which addresses its previous request.

Article 2. National plan of action, occupational segregation and gender stereotyping. Further to its previous comment, the Committee notes the Government’s indication that the Icelandic labour market is gender-segregated, with men occupying positions of power or responsibility more often than women, and also working predominantly in technical occupations, the industrial sector and manufacturing. On the contrary, women are predominant in occupations related to caregiving and education. The Committee also notes from the Government’s website that in 2020, more than 81 per cent of clerk positions were held by women and 61 per cent of service and sales workers were women. The Committee further notes the Government’s indication that: (1) the Plan of Action on Gender Equality was renewed for the period 2020–24; (2) one of the actions of the Plan addresses gender segregation in the labour market; and (3) a working group appointed by the Government was expected to submit, before the end of 2023, its proposals for measures to re-evaluate women-dominated functions. The Committee requests the Government to provide detailed information on: (i) the results achieved following the implementation of the Plan of Action on Gender Equality for 2020–2024, in terms of addressing gender segregation and stereotypes concerning women and men in the labour market; and (ii) the proposals of the working group regarding the re-evaluation of women-dominated functions, the measures taken in this respect and the results obtained.

Enforcement. In reply to the Committee’s previous comment, the Government indicates that between 2019 and 2022, the Equality Complaints Committee received 55 complaints regarding employment discrimination. Three cases concerned gender-based discrimination in relation to terms of employment; 42 cases concerned hiring or appointment to office (with alleged discrimination based on gender, disability, age and ethnic origin); and ten cases concerned dismissals and retirement (with alleged discrimination based on age, ethnic origin, reduced working capacity, maternity/paternity leave and pregnancy). 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.