OSCE/ODIHR Opinion on the Draft Act on the Independent National Human Rights Institution of
Iceland
I.
INTRODUCTION
1.
On 21 December 2016, the OSCE Office for Democratic Institutions and Human Rights
(hereinafter “OSCE/ODIHR”) received a request from the Ministry of Interior of
Iceland to review the Draft Act on the Independent National Human Rights Institution
of Iceland (hereinafter “the Draft Act”).
2.
On 22 December 2016, the OSCE/ODIHR Director responded to this request,
confirming the Office’s readiness to prepare a legal opinion on the compliance of the
Draft Act with international human rights standards and OSCE commitments.
3.
This Opinion was prepared in response to the above-mentioned request.
II.
SCOPE OF REVIEW
4.
The scope of this Opinion covers only the Draft Act submitted for review. Thus limited,
the Opinion does not constitute a full and comprehensive review of the entire legal and
institutional framework regulating the protection and promotion of human rights and
fundamental freedoms in Iceland.
5.
The Opinion raises key issues and provides indications of areas of concern. In the
interest of conciseness, it focuses more on areas that require amendments or
improvements than on the positive aspects of the Draft Act. The ensuing
recommendations are based on international and regional standards and practices
governing national human rights institutions (NHRIs), as well as relevant OSCE
commitments. The Opinion also highlights, as appropriate, good practices from other
OSCE participating States in this field. Moreover, in accordance with the 2004 OSCE
Action Plan for the Promotion of Gender Equality and commitments to mainstream a
gender perspective into OSCE activities, programmes and projects, the Opinion
analyses the potentially different impact of the Draft Act on women and men.1
6.
This Opinion is based on an unofficial English translation of the Draft Act
commissioned by the OSCE/ODIHR, which is attached to this document as an Annex.
Errors from translation may result.
7.
In view of the above, the OSCE/ODIHR would like to make mention that this Opinion
does not prevent the OSCE/ODIHR from formulating additional written or oral
recommendations or comments on the respective legal acts or related legislation
pertaining to the legal and institutional framework on the protection and promotion of
human rights in Iceland in the future.
1
See par 32 of the OSCE Action Plan for the Promotion of Gender Equality adopted by Decision No. 14/04, MC.DEC/14/04 (2004),
available at http://www.osce.org/mc/23295?download=true.
3