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Incorporating the CRC in Iceland

Published online by Cambridge University Press:  10 December 2021

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Summary

INTRODUCTION

Iceland is a democratic republic with a parliamentary government. The Constitution dates back to 1944, when the country gained full independence from Denmark. Iceland has strong historical, cultural and social ties to the Nordic countries and, in line with the principles of the Nordic welfare model, it actively works towards acknowledging and safeguarding human rights at the international, regional and domestic levels.

The United Nations Convention on the Rights of the Child (hereinafter CRC or ‘the Convention’) was ratified in 1992. The European Convention on Human Rights (ECHR) was incorporated into domestic law in 1994 and in 1995 the Constitution’s chapter on human rights was revised with the aim of ensuring conformity with established international obligations. The CRC was then directly incorporated into domestic law in 2013.

This chapter will provide an insight into the legal status of the CRC in Iceland and the process of full implementation of the Convention. It begins with an outline of the political system in Iceland and the development of human rights protection. This is followed by an analysis of the legal status of the CRC detailing the process from signing to full incorporation and beyond. Finally, the chapter will touch on future directions.

COUNTRY OVERVIEW

THE POLITICAL SYSTEM IN ICELAND

Iceland had a long history of colonial rule under Norway and later the Kingdom of Denmark, but the turn of the twentieth century gave strength to Iceland’s campaign for independence. In 1874, Denmark presented Iceland with a separate Constitution concerning the special affairs of Iceland, thus giving the country the status of a constitutional monarchy under the King of Denmark. Amendments in 1904 established home rule and an Icelandic government.

In 1918, Iceland was granted sovereignty and in 1944, it broke offthe union with Denmark and established a separate republic. At the same time, Iceland adopted the Constitution of the Republic of Iceland, No 33/1944, which is still in force with later amendments. The Constitution established Iceland as a parliamentary republic. The country is a member of the Council of Europe and has ratified the ECHR and most of its protocols, thus undertaking to comply with the judgments issued by the European Court of Human Rights. Iceland has also ratified a number of the Council of Europe’s other human rights treaties.

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