2.1 Are there civil and criminal legal remedies for domestic violence victims?
A single court system handles both criminal and civil matters. All court actions in Iceland commence in the eight district courts located around the country.[3]
Criminal remedies are available under the Criminal Code and the penalties can range from a fine to 16 years in prison, depending on the type of violence committed. In addition, the law permits judges to increase the sentences of persons who commit violence against persons with whom they had a domestic relationship or another close bond. However, there are no domestic violence cases in which the judges actually handed down heavier sentences.[4]
Although the courts could issue restraining orders, advocates have expressed concern that such orders are ineffective because courts grant them only in extreme circumstances and the court system takes too long to issue them. Victims of sex crimes are entitled to lawyers to advise them of their rights and to help them pursue charges against the alleged assailants; however, a large majority of victims has declined to press charges or chosen to forgo trial, in part to avoid publicity.[5]2.2 Is domestic violence identified in national law as a human right (noting that at a European level protection from domestic violence has not been explicitly identified as a human right but is indirectly captured by the other provisions)?
The Country Report on Human Rights Practices in Iceland calls for Icelandic legislation to prohibit domestic violence.[6]
2.3 Has your country signed and ratified the Council of Europe's Istanbul Convention (2011) preventing and combating violence against women and domestic violence (CETS No. 210)?
Iceland ratified the convention in April 2018 and it supposedly came into force in August of the same year. However, in our inquiries to the Ministry of Justice, the Judicial Administration and the Judges' Association, we received no confirmation that Iceland's judges have been educated in the convention's provisions.[7]
2.4 If it has ratified the Istanbul Convention, how has this convention been implemented into national law?
Signed: 11 May 2011
Ratified: 26 April 2018
Entry into force: 1 August 2018[8]
The Althingi made an amendment to the Criminal Code in 2016. This change was made to fulfill the Istanbul Convention, which was signed by Iceland in 2011. The changes include an amendment on stalking, more severe punishment for domestic abuse and the extension of the statute of limitations for victims under 18 years old.[9]2.5 If it has not ratified or signed the Istanbul Convention, is it envisaged that your country will do so?
Iceland ratified and signed the Istanbul Convention as follows:
- Convention signed: 11 May 2011
- Ratified: 26 April 2018
2.6 If it has ratified the 1979 Convention, how has the recommendations part of General Comment No. 35 been implemented into national law?
On 14 July 2017, the Committee on the Elimination of Discrimination Against Women ("CEDAW Committee") adopted General Recommendation No. 35 on gender-based violence against women, updating General Recommendation No. 19, which elaborates on the gender-based nature of this form of violence, building on the work of the CEDAW Committee and other international human rights mechanisms, as well as developments at national, regional and international levels as follows:
- It recognizes that the prohibition of gender-based violence has become a norm of international customary law:
- Iceland was commended on the adoption, by the Althingi, of the Act on Equal Status and Equal Rights of Women and Men (Act No. 10/2008), as well as the acts amending provisions of the Criminal Code on organized crime and trafficking in human beings (Act No. 40/2003), on domestic violence (Act No. 27/2006) and on sexual offenses (Act No. 61/2007). However, Article 1 of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), which defines "discrimination against women," is not fully reflected in the regulations and there could be greater awareness of the CEDAW, its provisions, its optional protocol, and the CEDAW Committee's views on communications considered and its general recommendations among judges, prosecutors, lawyers and other legal professionals.
- It expands the understanding of violence to include violations of sexual and reproductive health rights:
- Iceland included sexual offenses in the understanding of violence (Act No. 61/2007).
- It stresses the need to change social norms and stereotypes that support violence, in the context of a resurgence of narratives threatening the concept of gender equality in the name of culture, tradition or religion:
- The CEDAW Committee had concerns about the persistence of stereotypical attitudes toward women that threaten to undermine the full enjoyment of their rights on equal footing with men. The CEDAW Committee encouraged the strengthening of measures to change stereotypical attitudes about the responsibilities and roles of women and men in society to promote the reconciliation of private and family life and work responsibilities between women and men, in accordance with Articles 5(a) and 11.1(b) and (c) of the CEDAW.
- It clearly defines the different levels of liability of the state for acts and omissions committed by its agents or those acting under its authority — in the territory of the state or abroad — and for failing to act with due diligence to prevent violence at the hands of private individuals and companies, to protect women and girls from it, and to ensure access to remedies for survivors.
- It unequivocally calls for the repeal of all laws and policies that directly and indirectly excuse, condone and facilitate violence.
- It emphasizes the need for approaches that promote and respect women's autonomy and decision-making in all spheres of life:
- The Althingi adopted a new action plan on gender equality for the period 2004 to 2008, which is guided by the principle of mainstreaming gender equality in the public administration, including with regard to gender-based wage discrimination. The CEDAW Committee also noted with satisfaction the reappointment by the government, in 2007, of the Committee on Violence Against Women, the relaunch of the project "Male Responsibility" on domestic violence in 2006 and the plan of action on domestic and sexual violence.[10]