Iceland

Summary of Domestic Prohibition

Slavery and slave trade

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Practices similar to slavery

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Servitude

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Forced or compulsory labour

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Human trafficking

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Forced marriage

Provisions related to forced marriage in Iceland are found in the 1993 Law in respect of marriage, which addresses inducing a spouse to marry by misrepresentation, by withholding relevant information, or through duress at Article 28.

Consent to marriage

There appears to be no legislation in Iceland that requires consent to marriage. However, article 28(4) of the Law No 31 of 1993 recognises that the consent of a party or prospective party to a marriage is invalidated where the person is subjected to coercion.

Servile marriage

There appears to be no legislation in Iceland that prohibits servile matrimonial transactions.

Marriage trafficking

There appears to be no legislation in Iceland that prohibits marriage trafficking.

Minimum age for marriage

The minimum age for marriage in Iceland is 18, without differentiation by gender, as set out on Article 7 of the Law in respect of marriage. Where marriages are conducted involving a person below the minimum age, the marriage is annullable, as set out on Article 28 of the Law in respect of marriage. However, marriages below this age are permitted with the authorization of the Ministry of Justice, as set out on Article 7 of the Law in respect of marriage. These exceptions are not differentiated by gender.

Region

Western Europe and Others

Regional Court

European Court of Human Rights

Legal System

Civil

International Instruments

1926 Slavery Convention
Not Party
1953 Protocol to the Slavery Convention
Not Party
1956 Supplementary Slavery Convention
17 November 1965
1966 ICCPR
22 August 1979
1930 Forced Labour Convention
17 February 1958
2014 Protocol to the 1930 Forced Labour Convention
14 June 2017
1957 Abolition of Forced Labour Convention
29 November 1960
1999 Worst Forms of Child Labour Convention
29 May 2000
2000 Protocol to Prevent, Suppress and Punish Trafficking in Persons
22 June 2010
1998 Rome Statute of the ICC
25 May 2000
1956 Supplementary Slavery Convention
17 November 1965
1966 ICCPR
22 August 1979
1966 Optional Protocol to the ICCPR
22 August 1979
1966 ICESCR
22 August 1979
2008 Optional Protocol to the ICESCR
Not Party
1962 Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages
18 October 1977
1957 Convention on the Nationality of Married Women
18 October 1977
1989 Convention on the Rights of the Child
28 October 1992
2000 Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography
09 July 2001
2011 Optional Protocol to the CRC on a communications procedure
Not Party
1979 Convention on the Elimination of All Forms of Discrimination against Women
18 June 1985
1999 Optional Protocol to CEDAW
06 March 2001
1978 Convention on the Celebration and Recognition of the Validity of Marriages
Not Party
2000 Protocol to Prevent, Suppress and Punish Trafficking in Persons
22 June 2010
1998 Rome Statute of the ICC
25 May 2000
1999 Worst Forms of Child Labour Convention
29 May 2000

International Obligations

  • Slavery
  • Servitude
  • Institutions and Practices Similar to Slavery
  • Forced Labour
  • Human Trafficking
  • Marriage Trafficking

Regional Organisations

  • European Court of Human Rights
  • Organanisation for Economic Cooperation and Development
  • Organisation for Security and Cooperation in Europe
  • Council of Europe

Legislative Provisions

CONSTITUTION OF THE REPUBLIC OF ICELAND 1944 (AMENDMENTS THROUGH 2013)

Article 21

The President of the Republic concludes treaties with other States. Unless approved by Althingi, he may not make such treaties if they entail renouncement of, or servitude on, territory or territorial waters, or if they require changes in the State system.

Article 66

Every person lawfully residing in Iceland shall be free to choose his residence and shall enjoy freedom of travel subject to any limitations laid down by law.

Article 67

No one may be deprived of his liberty except as permitted by law.

Any person deprived of his liberty without valid reason shall have a right to compensation.

Article 68

No one may be subjected to torture or any other inhuman or degrading treatment or punishment.

No one shall be required to perform compulsory labour.

Article 75

Everyone is free to pursue the occupation of his choosing. This right may however be restricted by law, if such restriction is required with regard to the public interest.

The right of people to negotiate terms of employment and other labour-related matters shall be regulated by law.

Constitution of the Republic of Iceland 1944 (amendments through 2013) (PDF)

 

GENERAL PENAL CODE NO. 19, FEBRUARY 12, 1940. 1 MARCH 2004.

Art. 225

In case a person force another one to do, suffer or omit something by exerting physical violence or threatening to expose himself/herself or his/her next-of-kin to physical violence or the deprivation of freedom or by presenting a false accusation of

him/her or his/her next-of-kin having committed punishable or dishonourable conduct or another such accusation, although this be true and if the compulsion is insufficiently justified on account of the matter at which the threat is aimed or finally by threatening him/her to cause considerable damage or destruction to his/her property, this is subject to fines or imprisonment for up to 2 years.

Art. 226

Anyone depriving another person of his/her freedom shall be subject to imprisonment for up to 4 years.

In case the deprivation of freedom has been committed for the purpose of gain or been of extended duration and also if a person has without authority been admitted to a lunatic asylum, removed to other countries or handed over to people who are not entitled thereto, penalty of imprisonment shall be applied for no less than 1 year and up to 16 years or for life.

Art. 227 a.

Anyone convicted of the following acts, one or more, for the

purpose of sexually using a person or for forced labour or to remove his/her organs shall be punished for human trafficking by up to 12 years’ imprisonment:

  1. Procuring, transporting, handing over, housing or accepting someone who has been subjected to unlawful compulsion under Article 225 or deprived of freedom as covered by the fires paragraph of Article 226, or threatened as defined in Article 233 or subjected to unlawful deception by awakening, strengthening or utilizing the lack of understanding concerning circumstances or by exploiting the position of vulnerability of the person concerned.
  2. Procuring, transporting, handing over, housing or accepting an individual younger than 18 years of age.
  3. Rendering payment or other gain in order to acquire approval from a person who has control of another person’s actions for the exploitation of that person.

The same penalty shall be applied to a person accepting payment or other gain under indent 3 of the first paragraph.

If a violation under the first paragraph is committed against a child, this shall be considered as an aggravating factor when deciding the severity of the punishment.

The same penalty shall be applied to anyone convicted of the following acts, one or more, for the purpose of facilitating human trafficking:

  1. Forging a travel or identity document.
  2. Acting as an intermediary in obtaining, or providing, such documents.

3. Retaining, removing, damaging or destroying the travel or identity documents of another individual.

General Penal Code no.19, February 12, 1940. 1 March 2004 (PDF)

LAW NO 31 OF 1993 LAW IN RESPECT OF MARRIAGE

Article 7

A man and a woman may marry when they have both attained the age of 18 years. The Ministry of Justice may permit the marriage of younger persons.

Article 28

Either spouse may claim annulment of his or her marriage:

  1. If the claimant was not in command of his or her reason at the time the union was proclaimed, or if his or her condition was in other respects such that the marriage could not be validly covenanted under law;
  2. if the claimant was married to a person other than he or she had engaged to marry, or if the claimant had married without his or her intention;
  3. if the other spouse had induced the claimant to marry by misrepresentation, or by keeping silent about facts of his or her life that would have deterred the claimant from the marriage had they been known;
  4. if the claimant was married under duress.

Action for annulment cannot be brought after six months have passed since the condition described under (1) above abated, since the claimant obtained knowledge of the cause for annulment under (2) or (3) above, or since duress under (4) above ceased. In any case such action cannot be brought when three years have elapsed from the celebration of marriage.

Law no. 31 of 1993 Law in Respect of Marriage (PDF)

GENERAL PENAL CODE NO. 19, FEBRUARY 12, 1940. 1 MARCH 2004.

Art. 225  

In case a person force another one to do, suffer or omit something by exerting physical violence or threatening to expose himself/herself or his/her next-of-kin to physical violence or the deprivation of freedom or by presenting a false accusation of 

him/her or his/her next-of-kin having committed punishable or dishonourable conduct or another such accusation, although this be true and if the compulsion is insufficiently justified on account of the matter at which the threat is aimed or finally by threatening him/her to cause considerable damage or destruction to his/her property, this is subject to fines or imprisonment for up to 2 years. 

Iceland Criminal Code-English-PDF. 

LAW NO 31 OF 1993 LAW IN RESPECT OF MARRIAGE

Article 1

This Law shall apply to the union of one man and one woman in matrimony. It shall not apply to cohabitation of unmarried persons.

Article 7

A man and a woman may marry when they have both attained the age of 18 years. The Ministry of Justice may permit the marriage of younger persons.

Article 8

A person deprived of legal competence can not enter into marriage without the guardian’s approval. In case such approval is denied the matter may be referred to the Ministry of Justice, which may permit the marriage if it deems that the denial is unwarranted.

Article 28

Either spouse may claim annulment of his or her marriage:

1. If the claimant was not in command of his or her reason at the time the union was proclaimed, or if his or her condition was in other respects such that the marriage could not be validly covenanted under law;

2. if the claimant was married to a person other than he or she had engaged to marry, or if the claimant had married without his or her intention;

3. if the other spouse had induced the claimant to marry by misrepresentation, or by keeping silent about facts of his or her life that would have deterred the claimant from the marriage had they been known;

4. if the claimant was married under duress.

Action for annulment cannot be brought after six months have passed since the condition described under (1) above abated, since the claimant obtained knowledge of the cause for annulment under (2) or (3) above, or since duress under (4) above ceased. In any case, such action cannot be brought when three years have elapsed from the celebration of marriage.

Article 29

Subject to statute provisions providing for other effects, annulment of marriage shall have the same effect as divorce.

Iceland Marriage Law-English-PDF