Helga Law Journal - 01.01.2021, Blaðsíða 126

Helga Law Journal Vol. 1, 2021
130 131
If Icelandic students are not satisfied with certain things or situations, they
will stand up and protest. The students of Reykjavík Junior College protested
their poor financial contribution in 2013,88 the students and teachers of two
junior colleges protested a proposed unification of the two schools89 and
students of UI protested the proposed and controversial constructions of
students housing on a square by the UI.90
To guarantee students participation in decision making, students receive two
representatives in the University’s Council if number of students are over 5000
but if the number is under 5000, they’ll get one representative.91 The students
have their own Students Council, SHÍ, which is a way for them to influence the
University itself, improve the community and to ensure the students’ rights. All
students of UI can vote and run for the Council. In the UI there are two active
student body organizations, Röskva and Vaka. Their role is mainly to be a force
that fights for students right.
Since the University isn't restricting the right to protest, the students
themselves are constantly finding ways to criticize the existing system and protest
to any wrongdoings or discriminations that take place within the walls of UI. The
main focus for the past years has relied mainly in various campaigns regarding
specific issues92 and in establishing associations that fight for a better school and
society.93

88 Stefán Árni Pálsson, ‘Á fimmta hundrað nemenda mótmæla fyrir utan menntamálaráðuneytið’
(Vísir, 25 November 2013) http://www.visir.is/g/2013131129456 accessed 22 June 2018.
89 Erla Björg Gunnarsdóttir, ‘Tæplega 800 mótmæla sameiningu FÁ við Tækniskóla: “Hrædd um að
týnast í kerfinu”’ (Vísir, 12 May 2017) http://www.visir.is/g/2017170519498 accessed 22 June 2018.
90 Stefán Óli Jónsson, ‘”Með ólíkindum að stúdentar þurfi að standa í slag við háskólann”’ (Vísir, 2
November 2017) http://www.visir.is/g/2017171109802 accessed 22 June 2018.
91 Article 6 para 2 and 3 of the Public University Act no. 85/2008 (ICE).
92 For example the Equality Committee of UI protested the lack of accessibility for people that have
to rely on wheelchairs by making a video series on social media where
93 For example the Feminist Association of UI and Q, the association for queer students of UI.
abolished. There were both regular protests and many people who used the hash
tag #höfumhátt on social media. The effect was so immense that it ended with
the government to resign. This is an example of where traditional protest and
social movements work together to put pressure on the people in charge.
Even though digital social movements can be powerful weapons for people
to secure their rights towards executive powers, there is also the challenge of
protecting the right to privacy of individuals, which those movements can be
directed towards. The right to protest can very well be exercised through digital
mediums and is a good tool for individuals, as it is possible to share information
faster and the state does not have the sources to stop these movements as it
brings forward the danger of limiting freedom of expression too much. But
regard must be taken to the right of all individuals and make sure that their right
to privacy is also protected.
8 What role and responsibilities do academic
institutions in your country have regarding
promoting freedom of speech and the right to
protest within and outside their campuses?
There are seven universities in Iceland, of which three are private and four are
public. The role of a university is to promote creation and communication of
knowledge and skills to the students and to society as a whole.83 The role of
junior colleges in Iceland is to promote full development of all students and
guarantee their participation in a democratic society84 and the same applies for
grade schools. Their role is to prepare the students for taking part in building up
a society that’s constantly evolving.85
These objectives are also to be found in the curriculum that the Ministry of
Education, Science and Culture publishes but their legal status is equivalent to a
regulation. In that sense, and in the context of the question, the right of freedom
of speech and protesting is something that has a clear connection to the school
system in Iceland, even though there is nothing in the legislation that addresses
the freedom to protest in a direct way.86
The discussion in Icelandic society, regarding freedom of speech and
protests, is quite different from what can be seen in the United States, Australia
and Europe. No anti-protest laws have been passed nor discussed in Iceland and
the whole ‘safe space idea’ hasn’t quite reached to our academic institutions. In
Iceland you’re free to protest, just as long you’re not interrupting public order or
jeopardizing national security.87

83 Article 2 para 1 of the University Act no. 63/2006 (ICE).
84 Article 2 para 1 of the Junior Collage Act no. 92/2008 (ICE).
85 Article 2 para 1 of the Grade School Act no. 91/2008 (ICE).
86 In addition the University of Iceland is governed by regulation no. 569/2009 for the University.
87 Restriction to the right to protest is the subject of Question 5.
International Legal Research Group