Reply to paragraph 19 of the list of issues and questions
67.The core values of Iceland’s policy for climate change adaptation reflect the assumption that “different scenarios where the worst case and social impacts of climate change are, i.a., taken into account, especially with regard to vulnerable groups; … the link between climate hazards and social justice and public health” and the core objectives also reflect that adaptation measures should be designed in such a way that they “ensure a fair and equitable adaptation outcome”.
68.The policy also makes numerous references to those who are vulnerable to the effects of climate change. Groups of people that need to be identified, consulted, and supported with respect to climate change and measures taken in response.
69.In the spirit of gender and equality mainstreaming, gender is one of the core variables considered while designing and implementing measures, and therefore a central theme in Iceland’s policy on adaptation to climate change.
70.Iceland’s Strategy on Adaptation to Climate Change has as part of its core values “different scenarios where the worst case and social impacts of climate change are inter alia taken into account, especially for vulnerable groups”; “the connection of climate hazards to social justice and public health”; and further as part of its core goals it commits to designing adaptation measures that “contribute to just adaptation”.
Reply to paragraph 20 of the list of issues and questions
71.Please refer to Iceland’s 9th periodic report, paragraphs 211–212. The draft Bill on amending the Marriage Act No 31/1993, submitted by the Minister of Justice, was adopted by Althingi in June 2022. Amendments were made to several provisions of the Marriage Act, such as regarding exemption from the minimum age requirement for entering marriage, for the purpose of harmonising law on marriage to international recommendations and views with respect to the age limit for entering marriage. It also enacted the principle considered applicable here in Iceland with respect to recognition of marriage abroad, provided that the marriage was contracted according to the law of the country in which it took place as regards marriage eligibility, and the rules on entering marriage. However, marriage contracted abroad will not be recognised in this country if one or both parties were under the age of 18 when the marriage was solemnised. Under special circumstances, and where it is clearly in the interest of the party who was under the age of 18, a marriage may be recognised in this country if the party in question was 16 when the marriage was solemnised, and the marriage is recognised in the country where it took place. Any marriage, which in other respects is contrary to the principles of the Icelandic legal system or public order, will not be recognised in this country.
72.Amendments were also made to the Marriage Act No 31/1993, through a draft Bill submitted by members of parliament, which was adopted in June 2022. The draft Bill introduced several amendments to the Marriage Act, i.a. as regards the time limit for legal separation, legal separation on account of domestic violence, mediation pursuant to the Act, such as authorising mediation between the married couple separately, and that married couples can obtain a divorce by law without having to apply for judicial separation first, if they both agree, where there are no joint assets or children under 18, or the married couple has entered into an agreement as regards custody of children, spousal maintenance, and other divorce terms. The draft Bill clarifies that the purpose of the above-mentioned amendments is, i.a., to strengthen the position of victims of violence and guarantee their right to end a marriage. These amendments will enter into force on 1 July 2023.
73.The draft Bill proposed two ways to end a marriage on the grounds of domestic violence.
(a)On the one hand, that a party can apply for a divorce by law without having to apply for judicial separation first through the District Commissioner if the other party admits their violation, or has been convicted;
(b)On the other hand, that a party can apply for a divorce by law without having to apply for judicial separation, if police records confirm emergency calls to police due to domestic violence, or other data, such as injury notes or psychological reports, indicate that the party applying for divorce, or a child living in the home, has been subjected to violence by the other party, or an overall assessment of the situation and the available information for other reasons warrants the assumption that the party applying for divorce, or a child living in the home, has been subjected to violence by the other party. Such cases are managed under an expedited procedure before the Courts.
74.Despite the above-named amendments, a comprehensive review of the Marriage Act is intended in the near future.