OSCE/ODIHR Opinion on the Draft Act on the Independent National Human Rights Institution of
Iceland
in the media currently mentioned in Article 3 (e) of the Draft Act. Unless Article 3 is
given a broad interpretation, these aspects do not seem to be adequately covered
and the drafters should consider supplementing the Draft Act accordingly.
32.
Some human rights monitoring bodies have recommended that the future Icelandic
NHRI should have “a specific mandate to promote and protect women’s rights”.31 The
legal drafters should discuss whether to expressly include this, also in light of the
mandates of other entities pertaining to gender equality and anti-discrimination (see also
pars 19 supra and 35 infra).32 In any case, the future NHRI should mainstream gender
and diversity33 into its broader work of protecting and promoting human rights.34 This
could be expressly included in the Draft Act as a general aim of the NHRI.
33.
It would also be useful if the NHRI would also be mandated to apply to the
Icelandic constitutional court for an abstract judgment on questions concerning
the constitutionality of laws or other regulatory acts which raise issues affecting
human rights and freedoms.35 The right of the NHRI to appear as a third party in
domestic and international judicial proceedings could also be included, especially
in cases raising important issues concerning human rights matters of a systemic or
structural character.36 Some other functions could also include assistance to victims
taking cases to courts or strategic litigation. These aspects could be added to Article 3
of the Draft Act. This may also require amendments to other relevant legislation, that
would allow the NHRI to have proper access to files and other documents related to the
case prior to submitting amicus curiae briefs. Courts should be obliged to deal with and
respond to the NHRI’s arguments in the written reasoning of their decisions.
3.2. The Lack of a Complaints-Handling Mandate
34.
Article 3 par 2 of the Draft Act explicitly excludes from the mandate of the NHRI the
handling of individual complaints alleging human rights violations. This is not contrary
to international standards, since the Paris Principles do not require that NHRIs shall be
able to receive complaints or petitions from individuals or groups regarding alleged
violations of their human rights.37
35.
It is understood from the Explanatory Report to the Draft Act that this provision aims to
avoid overlap with the mandates of various other entities. Indeed, it is noted that several
other bodies are competent to receive individual complaints, including the Althing
31
32
33
34
35
36
37
See the Report of the Working Group on the issue of discrimination against women in law and in practice on its Mission to Iceland,
A/HRC/26/39/Add.1,
16
September
2014,
par
100
(a)
(ii),
available
at
http://www.ohchr.org/EN/HRBodies/HRC/RegularSessions/Session26/Documents/A-HRC-26-39-Add1_en.doc.
For instance, the “Icelandic Centre for Gender Equality requires all official institutions and private companies with 25 employees or
more to have a Gender Equality Action Plan. The Centre monitors the performance of employers over time to assess their progress. In
cases on non-compliance, it can impose fines on companies that do not send their action plan within a prescribed period of time”; see op.
cit. footnote 16, page 31 (2012 OSCE/ODIHR Handbook for NHRIs on Women’s Rights and Gender Equality). The Draft Act should
clarify how the future NHRI will complement this work of the Centre for Gender Equality.
i.e., assessing the implication of any planned action, including legislation, policies and programmes, for women and men, and other
persons or groups in a specific situation or facing specific challenges, such as persons with disabilities, older persons, children, members
of national or ethnic minorities, stateless persons, foreigners, asylum-seekers, refugees and other persons potentially discriminated on
other grounds such as sexual orientation or gender identity.
For instance, NHRIs can implement gender mainstreaming by developing gender/diversity-assessment strategies or impact analyses for
draft legislation and existing laws, policies, programmes and activities; see op. cit. footnote 16, pages 50-51 (2012 OSCE/ODIHR
Handbook for NHRIs on Women’s Rights and Gender Equality).
See Venice Commission, Opinion on the Draft Law on Ombudsman for Human Rights of Bosnia and Herzegovina, adopted by the
Venice Commission at its 104th Plenary Session (Venice, 23-24 October 2015), CDL-AD(2015)034, par 36, available at
http://www.venice.coe.int/webforms/documents/?pdf=CDL-AD(2015)034-e.
See op. cit. footnote 14, pages 4 and 185 (2010 UNDP-OHCHR Toolkit for Collaboration with National Human Rights Institutions).
See the Justification to General Observation 2.10.
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