ICELAND-SOGI-TBs-CCPR

Country: Iceland

Issue: SOGI

Human rights mechanism: Treaty bodies

Treaty body: Human Rights Committee - International Covenant on Civil and Political Rights (ICCPR)

Concluding Observations on Report 6 (2024) (Link)

Hate speech

9. The Committee welcomes the introduction of amendments to the General Penal Code (No. 19/1940) to include gender identity, ethnic origin and disability as prohibited grounds of discrimination and provide for the aggravation of punishment for hate-motivated offences and of amendments to the Media Act, in 2013, to permit the levying of fines for hate speech. However, amid reports of the rising prevalence of hate speech, notably online, the Committee regrets the lack of information provided on the investigation and prosecution of hate crimes and compensation for victims. The Committee regrets that the plan of action on addressing hate speech presented to the parliament in 2023 was rejected (arts. 2, 20 and 26).

10. The State party should continue its efforts to tackle hate speech, including through the adoption of a comprehensive plan of action and by ensuring the effective investigation and prosecution of hate crimes and the provision of adequate compensation to victims.

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Children with variations in sex characteristics (intersex)

13. While welcoming the adoption of Act No. 154/2020 amending the Act on Gender Autonomy (atypical sex characteristics), which stipulates that carrying out surgical procedures on intersex children who are unable to provide their consent is prohibited unless the operation is completely necessary for medical reasons, the Committee is concerned about reports that the Act provides for exceptions to this requirement for certain variations in sex characteristics and that intersex children continue to be subjected to medically unnecessary surgical interventions (arts. 2, 7 and 26).

14. The State party should take all steps necessary to ensure that all surgical procedures on intersex children who are unable to provide their free and informed consent are prohibited unless the operation is completely necessary for medical reasons and the best interests of the child have been duly taken into account. This should include the consideration of amendments to the Act on Gender Autonomy, as amended by Act No. 154/2020. The State party should also ensure access to effective remedies, including by ensuring that victims have access to their health records and that limitation periods are of an appropriate duration to permit victims to seek redress for violations.

ICELAND-SOGI-TBs-CCPR

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