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National Constitutional provisions – Iceland

 

The constitution is the fundamental law of the country, reflecting the underlying and unifying values of society. It spells out the basic rights of each person; it serves as a framework for all other laws and policies, and cannot be easily changed. However, it can be changed and updated through a democratic process, and it is important to keep it alive, by popularising and using it, and by campaigning for its reform or amendment if necessary. Below we have picked out what we see as some of the most relevant articles, but please be encouraged to seek and read your constitution in its entirety.

The state is the central actor in any claim to the right to education: it is the prime duty-bearer and the prime implementer; it is the guarantor; and it is the state´s signature vis-à-vis the international norms and standards which binds it to respect, protect and fulfil the right to education. The state must therefore be judged or challenged on its central text on the right to education, whether this be the constitution, the laws or the policies.

The Constitution of Iceland 17 June 1944, amended 1999

 EDUCATION

 Art.76

(2) The law shall guarantee for everyone suitable general education and tuition.

 

EQUALITY

Article 65

Everyone shall be equal before the law and enjoy human rights irrespective of sex, religion, opinion, national origin, race, colour, property, birth or other status.
Men and women shall enjoy equal rights in all respects.

CITIZENSHIP

Article 66

No one may be deprived of Icelandic citizenship. Loss of citizenship may, however, be provided for by law, in the event a person accepts citizenship in another State. An alien can only be granted Icelandic citizenship according to law.
An Icelandic citizen cannot be barred from entering Iceland nor expelled there from. The rights of aliens to enter and reside in Iceland, and the reasons for which they may be expelled, shall be laid down by law.
No one may be barred from leaving Iceland except by judicial decision. A person may however be prevented from leaving Iceland by lawful arrest.
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.

GENDER

Article 65

Men and women shall enjoy equal rights in all respects.

DISABILITIES

Article 76

The law shall guarantee for everyone the necessary assistance in case of sickness, invalidity, infirmity by reason of old age, unemployment and similar circumstances.
The law shall guarantee for everyone suitable general education and tuition.
For children, the law shall guarantee the protection and care which is necessary for their well-being

RELIGION

Article 62

The Evangelical Lutheran Church shall be the State Church in Iceland and, as such, it shall be supported and protected by the State.
This may be amended by law.

Article 63

All persons have the right to form religious associations and to practice their religion in conformity with their individual convictions. Nothing may however be preached or practised which is prejudicial to good morals or public order.

Article 64

No one may lose any of his civil or national rights on account of his religion, nor may anyone refuse to perform any generally applicable civil duty on religious grounds.
Everyone shall be free to remain outside religious associations. No one shall be obliged to pay any personal dues to any religious association of which he is not a member.
A person who is not a member of any religious association shall pay to the University of Iceland the dues that he would have had to pay to such an association, if he had been a member. This may be amended by law.