Personal and material scope

• Author: Guomundsdottir, Guorun D.
• Pages: 25-32

25

3 PERSONAL AND MATERIAL SCOPE

3.1 Personal scope

3.1.1 EU and non-EU nationals (Recital 13 and Article 3(2), Directive 2000/43

and Recital 12 and Article 3(2), Directive 2000/78)

In Iceland, the following residence/citizenship/nationality requirements are applied for

protection under the equality legislation transposing the directives.

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. The legislation does not apply in the field of private and family life.

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

persons concerned. In addition, the Act does not apply to rights and services in public

systems, such as rights stemming from the legislation on social security, on municipal

social services, on unemployment benefits and on maternity/paternity and parental leave.

Apart from the aforementioned exceptions, it is assumed that the general protection

against discrimination based on the protected grounds would apply to people with irregular

status.

3.1.2 Natural and legal persons (Recital 16, Directive 2000/43)

a) Protection against discrimination

In Iceland, the personal scope of anti-discrimination law covers natural and legal persons

for the purpose of protection against discrimination. The national provisions comply with

the directive.

Article 6 of the Racial Equality Act sets out that individuals, enterprises, institutions and

non-governmental organisations that consider themselves victims of violations of the Act

may submit their case, either in their own name or on behalf of their members, to the

Equality Complaints Committee.

Article 6 of the Labour Equality Act sets out that individuals, enterprises, institutions and

non-governmental organisations that consider themselves victims of violations of the Act

may submit their case, either in their own name or on behalf of their members, to the

Equality Complaints Committee.

In this context, it should be noted that the general rule is that any individual, association

or institution that bears rights or duties under national law can be party to a court case.18

The general principle concerning legal standing is that, for an application to be admissible,

the claimant must satisfy the requirement of having a personal, direct interest, that is, a

‘legally protected interest’.

18 Act on Civil Procedure (Lög um meðferð einkamála) No. 91/1991, 31 December 1991, Article 16(1).