Exceptions

• Author: Guomundsdottir, Guorun D.
• Pages: 33-39

33

4 EXCEPTIONS

4.1 Genuine and determining occupational requirements (Article 4)

In Iceland, national legislation provides for an exception for genuine and determining

occupational requirements.

Article 11 of the Labour Equality Act provides that difference of treatment on the grounds

of race, ethnic origin, religion, opinion, disability, reduced capacity to work, age, sexual

orientation and gender identity, gender expression and gender characteristics shall not

constitute discrimination where, by reason of the nature of the particular occupational

activities concerned or of the context in which they are carried out, such a characteristic

constitutes a genuine and determining occupational requirement, provided that the

objective is legitimate and the requirement proportionate.

4.2 Employers with an ethos based on religion or belief (Article 4(2) Directive

2000/78)

In Iceland, national law does not provide for an exception for employers with an ethos

based on religion or belief, as there are no national practices existing in this field, nor is

there legislation containing provisions to this end. The Act on Registered Religious

Associations No. 108/199928 does not contain provisions to this end, and neither does the

Act on the Status, Governing and Functioning of the National Church of Iceland

No. 78/1997.29 However, although no explicit provision sets this condition, it is clear that,

in order to be appointed to a leadership post, such as that of bishop, the incumbent would

have to be a member of the National Church of Iceland.

4.3 Armed forces and other specific occupations (Article 3(4) and Recital 18

Directive 2000/78)

There are no armed forces in Iceland, thus national legislation does not provide for an

exception for the armed forces in relation to age or disability discrimination (Article 3(4),

Directive 2000/78).

4.4 Nationality discrimination (Article 3(2))

a) Discrimination on the ground of nationality

In Iceland, national law includes exceptions relating to difference of treatment based on

nationality. Iceland is not party to the 1954 and 1961 UN Statelessness Conventions.

Article 1(1) of the Racial Equality Act sets out that the Act does not apply to difference of

treatment based on nationality or statelessness. In addition, the Act is without prejudice

to provisions and conditions relating to the entry of third-country nationals and stateless

persons into the territory of Iceland and their residence in Iceland, and to any treatment

which arises from the legal status of the third-country nationals and stateless persons

concerned.

Article 1(1) of the Labour Equality Act sets out that the Act does not apply to difference of

treatment in the labour market based on nationality or statelessness. The Act is without

prejudice to provisions and conditions relating to the entry of third-country nationals and

stateless persons into the territory of Iceland and their residence in Iceland, and to any

treatment which arises from the legal status of the third-country nationals and stateless

28 Act on Registered Religious Associations (Lög um skráð trúfélög og lífsskoðunarfélög) No. 108/1999, 28

December 1999.

29 Act on the Status, Governing and Functioning of the National Church of Iceland (Lög um stöðu, stjórn og

starfshætti þjóðkirkjunnar) No. 78/1997, 26 May 1997.