Implementation issues

• Author: Guomundsdottir, Guorun D.
• Pages: 56-57

56

8 IMPLEMENTATION ISSUES

8.1 Dissemination of information, dialogue with NGOs and between social

partners

a) Dissemination of information about legal protection against discrimination (Article 10

Directive 2000/43 and Article 12 Directive 2000/78)

No specific action has been taken to disseminate information to the public about the new

Equality Acts or legal protection against discrimination.

b) Measures to encourage dialogue with NGOs with a view to promoting the principle of

equal treatment (Article 12 Directive 2000/43 and Article 14 Directive 2000/78)

The new Equality Acts do not contain provisions on encouraging dialogue with NGOs.

However, in this context, reference can be made to Article 1(3) of the Act on Services for

People with Long-term Service Needs No. 38/2018, where it is set out that the authorities

shall ensure that people with disabilities, including their national associations, shall

influence all policies and decisions that have an impact on them. Similar provisions are not

found in other acts governing the affairs of disadvantaged groups such as the elderly and

foreign nationals.

c) Measures to promote dialogue between social partners to give effect to the principle

of equal treatment within workplace practices, codes of practice, workforce

monitoring (Article 11 Directive 2000/43 and Article 13 Directive 2000/78)

The new Equality Acts do not contain provisions on measures to promote dialogue between

social partners.

d) Addressing the situation of Roma and Travellers

There is no designated body or organisation appointed at the national level to address

Roma issues specifically, nor are there any special legal provisions addressing their

situation. It should be noted, however, that there is no identified Roma community in

Iceland.

8.2 Measures to ensure compliance with the principle of equal treatment

(Article 14 Directive 2000/43, Article 16 Directive 2000/78)

a) Compliance of national legislation (Articles 14(a) and 16(a))

No explicit legislation has been enacted to ensure that laws, regulations and administrative

provisions contrary to the principle of equal treatment, as set out in the Equality Acts, have

been repealed. However, prior to the entry into force of the Equality Acts, the legal and

administrative framework was adjusted in line with the Acts.

b) Compliance of other rules/clauses (Articles 14(b) and 16(b))

No explicit legislation or measure has been enacted to ensure that other rules and clauses

contrary to the principle of equal treatment, as set out in the Equality Acts, have been

repealed. However, the general principles of the national system, lex specialis derogat legi

generali (special rules prevail over general rules) and ‘lex posteriori derogat legi priori’

(more recent rules prevail over less recent rules) apply in this case.

No laws, regulations or rules in force are clearly in breach of the principle of equality with

respect to the grounds enumerated in the directives. The social partners requested time

to analyse relevant rules, contracts and collective agreements with respect to equal