Incorporation Of International Human Rights In Iceland Date: 14 February 2023 Sources Of Human Rights Protection - Dualist legal system - Human rights in the Icelandic Constitution - Not constitutional incorporation - Full and direct incorporation of ECHR (1994) and CRC (2013) Constitutional human rights protection - 1995: Constitutional reform to prepare for ECHR incorporation - Explanatory Report: human rights chapter strongly influenced by Iceland's international human rights obligations - Human rights in Constitution: • Equality and non-discrimination • Civil and political rights • Socio-economic rights • Children's rights Incorporation of the ECHR 1994 - Aims: strengthen rights protection & avoid uncertainties of applying ECHR in domestic courts - Status of ordinary Act of Parliament: does not rank above ordinary statute - Used in courts on its own as a statutory instrument - Courts applying Constitution together with ECHR Incorporation of the CRC 2013 - Incorporated verbatim into Icelandic law - Aim: strengthen children's rights protection, fill in existing gaps in domestic law following years of reform - Status of ordinary Act of Parliament: does not rank above ordinary statute - Not in frequent use so far by domestic courts - 2017 Supreme Court case: child's views in custody case not sufficiently heard; case sent back to District Court Awareness and ownership of human rights - Icelandic children's ombudsman oversees wellbeing of children - Child participation and public consultations taken seriously - Awareness raising, contrast e.g. CRC and CEDAW - Participatory process in law reform: 2013 failed constitutional reform - Child-friendly cities initiative since 2016 - Human rights education & UNICEF schools: inconsistent standard Key lessons from Iceland - From protection in law to protection in reality - Importance of data collection to cover intersecting disadvantages of rights holders - Uniform state-wide approach of human rights education recommended - Consultation processes to amplify voices of rights holders