Remedies and enforcement

• Author: Guomundsdottir, Guorun D.
• Pages: 41-49

41

6 REMEDIES AND ENFORCEMENT

6.1 Judicial and/or administrative procedures (Article 7 Directive 2000/43,

Article 9 Directive 2000/78)

a) Available procedures for enforcing the principle of equal treatment

In Iceland, the following procedures exist for enforcing the principle of equal treatment in

the private and public sectors.

The Equality Complaints Committee receives complaints from individuals, enterprises,

institutions and non-governmental organisations, either in their own name or on behalf of

their members who consider that the Equality Acts have been violated (common Article 6).

Articles 5-7 of the Act on Equal Rights and Equal Rights of Women and Men No. 10/2008

(Gender Equality Act) shall apply to the procedure, as applicable.

Cases shall be submitted to the Complaints Committee in writing within six months of the

date when the alleged violation of the Acts was first known about, within six months of the

time when a situation regarded as an infringement of the Acts came to an end, or within

six months of the time when the person concerned became aware of the alleged violation.

If reasoning is sought based on the Administrative Procedures Act, the period for

submission shall be from the time that the decision was obtained. In special circumstances,

the Complaints Committee may decide to examine a case even though the time limit

defined above has passed, although in no case shall the period exceed one year. An

application shall be considered timely if the pertaining letter is received by the Committee,

or posted, before the time limit.

The Complaints Committee may, after consulting the claimant, refer the case to the Centre

for Equality for mediation. The Committee shall deliver its rulings at the earliest

opportunity, and no later than three months after receiving the case. The proceedings

before the Complaints Committee shall, as a rule, be in writing; however, the Committee

may summon the parties or their representatives to hearings. In other respects, the

Committee’s procedure shall be in accordance with the Administrative Procedures Act and

further regulations issued by the Minister after receiving proposals from the Committee.

The Equality Complaints Committee shall ensure that a party to a case has the opportunity

to express himself or herself regarding the matter at issue before the Committee delivers

its ruling, providing that the Committee considers that neither the party’s position nor the

reasons for it are presented in the evidence. The Committee may, at the request of the

opposite party, demand a party to present materials which it considers could have an

influence on the resolution of the case. The Equality Complaints Committee may demand

further evidence from the parties if it deems the facts inconclusive. If evidence is presented

to the Equality Complaints Committee concerning wages, other terms of employment or

the entitlements of individuals, the Complaints Committee shall inform the party concerned

that this information has been submitted to the Committee. Such information shall be

treated in confidence.

The rulings of the Complaints Committee are binding for the parties to each case. The

parties may refer the Committee’s rulings to the courts. At the request of a party, the

Committee may deliver a ruling deferring the legal effect of its own ruling if it deems it

reasonable to do so. A request to this effect shall be presented not later than 10 days after

the publication of the ruling. The deferral of the legal effects of a ruling shall be subject to

the condition that the party to the case will refer the matter to the courts within 30 days

of the publication of the ruling deferring the legal effects and will then request that it

receives swift treatment. If a request for swift treatment is rejected, then the case shall

be litigated as quickly as possible after the rejection is announced, and not later than 30

days following the judge’s rejection. The deferral of the legal effects of a ruling shall expire