Martin Scheinin
Encyclopedia
Martin Scheinin is the first United Nations Special Rapporteur on human rights and counter-terrorism. He was selected for this position after serving for eight years (1997-2004) as member of the United Nations Human Rights Committee, the independent expert body monitoring states' compliance with the International Covenant on Civil and Political Rights
. While on the Committee, he was known as a defendant of the rights of minorities and indigenous peoples and opponent of capital punishment, as well as the drafter of the Committee's General Comment No. 29 on states of emergency.
Today he is a Professor of Public International Law at the European University Institute
in Florence, Italy, and an expert of international law, human rights and constitutional law.
, Finland
, and was educated in law at the Universities of Turku
and Helsinki
.
(1998-2008) where he was also the Director of the Institute for Human Rights, before moving to Florence
in 2008 to take up office as Professor of Public International Law at the European University Institute
.
At the European University Institute, Scheinin's areas of research and supervision include public international law, human rights law, international criminal law
, comparative constitutional law and anti-terrorism legislation
. He is a Work Package leader in the research project DETECTER (Detection Technologies, Terrorism, Ethics, and Human Rights) under the European Union Framework 7 Security Programme, and coordinator of the research strand GLOTHRO (Beyond Territoriality: Globalisation and Transnational Human Rights Obligations) within the EUI Global Governance Programme.
His professional experience also includes working for the Parliament of Finland, the Finnish Ministry of Justice and three governmental commissions that drafted amendments to the Finnish Constitution
, including the 1995 fundamental rights reform. He has taught courses on human rights or counter-terrorism in many parts of the world, including at the University of Melbourne
, University of Pretoria
, and the University of Toronto
, and for professional target groups such as judges, lawyers or prosecutors in Egypt, Latvia, and the Russian Federation.
In December 2010 Scheinin was elected President of the International Association of Constitutional Law.
on human rights issues since 1997, first as a member of the United Nations Human Rights Committee, and later as Special Rapporteur on human rights and counter-terrorism.
appointed "a special rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism". This was initially a three-year appointment, to end in 2008, but was later extended by three more years, to end in 2011.
As Special Rapporteur on human rights and counter-terrorism, Scheinin reports annually both to the United Nations General Assembly
and the United Nations Human Rights Council
. His reports have covered themes such as definitions of terrorism, the right to fair trial in terrorism cases, the impact of counter-terrorism measures on economic, social and cultural rights, the right to privacy in the age of counter-terrorism, the role of intelligence agencies and their oversight in counter-terrorism, and the identification of best practice in combating terrorism in full compliance with human rights.
Some of the reports have been commended by governments, such as those related to discriminatory profiling
or the right to privacy in the context of counter-terrorism. On some other occasions, certain governments have been highly critical about the reports, such as Scheinin's analysis of the [gender] impact of counter-terrorism measures and his proposals of a total reform of the terrorist listing by the United Nations Security Council.
The Special Rapporteur is a member of the United Nations Counter-Terrorism Implementation Task Force (CTITF) and has conducted a number of country visits to assess the counter-terrorism law and practice of countries such as Turkey, South Africa, United States, Israel, Spain, Egypt, Tunisia and Peru. As part of the country missions, he visits prisons and observers terrorism trials, such as the Military Commission hearings in the Hamdan
case in Guantanamo Bay and the Jose Padilla and Ahmed Ghailani trials in the United States. The country visits have often resulted in concrete improvements, such as the repeal of a contested Presidential Decree in Peru immediately after the visit in September 2010. As Special Rapporteurs can visit a country only upon the invitation of its government, Scheinin has not been able to obtain access to countries such as Pakistan
, the Philippines, or the Russian Federation.
International Covenant on Civil and Political Rights
The International Covenant on Civil and Political Rights is a multilateral treaty adopted by the United Nations General Assembly on December 16, 1966, and in force from March 23, 1976...
. While on the Committee, he was known as a defendant of the rights of minorities and indigenous peoples and opponent of capital punishment, as well as the drafter of the Committee's General Comment No. 29 on states of emergency.
Today he is a Professor of Public International Law at the European University Institute
European University Institute
The European University Institute ' in Florence is an international postgraduate and post-doctoral teaching and research institute established by European Union member states to contribute to cultural and scientific development in the social sciences, in a European perspective...
in Florence, Italy, and an expert of international law, human rights and constitutional law.
Education
Martin Scheinin was born on 4 November 1954 in HelsinkiHelsinki
Helsinki is the capital and largest city in Finland. It is in the region of Uusimaa, located in southern Finland, on the shore of the Gulf of Finland, an arm of the Baltic Sea. The population of the city of Helsinki is , making it by far the most populous municipality in Finland. Helsinki is...
, Finland
Finland
Finland , officially the Republic of Finland, is a Nordic country situated in the Fennoscandian region of Northern Europe. It is bordered by Sweden in the west, Norway in the north and Russia in the east, while Estonia lies to its south across the Gulf of Finland.Around 5.4 million people reside...
, and was educated in law at the Universities of Turku
University of Turku
The University of Turku , located in Turku in southwestern Finland, is the second largest university in the country as measured by student enrollment, after University of Helsinki. It was established in 1920 and also has faculties at Rauma, Pori and Salo...
and Helsinki
University of Helsinki
The University of Helsinki is a university located in Helsinki, Finland since 1829, but was founded in the city of Turku in 1640 as The Royal Academy of Turku, at that time part of the Swedish Empire. It is the oldest and largest university in Finland with the widest range of disciplines available...
.
Academic career
Scheinin received his doctorate in law from the University of Helsinki in 1991. Scheinin was professor of law for fifteen years in Finland, first at the University of Helsinki (1993-1998) and then at Åbo Akademi UniversityÅbo Akademi University
Åbo Akademi University is a Swedish language university in Turku, Finland . , there are 7 941 students and a staff consisting of 1125 people. The university has activities not only in Turku, but also in Vaasa, Jakobstad, Helsinki and on Åland...
(1998-2008) where he was also the Director of the Institute for Human Rights, before moving to Florence
Florence
Florence is the capital city of the Italian region of Tuscany and of the province of Florence. It is the most populous city in Tuscany, with approximately 370,000 inhabitants, expanding to over 1.5 million in the metropolitan area....
in 2008 to take up office as Professor of Public International Law at the European University Institute
European University Institute
The European University Institute ' in Florence is an international postgraduate and post-doctoral teaching and research institute established by European Union member states to contribute to cultural and scientific development in the social sciences, in a European perspective...
.
At the European University Institute, Scheinin's areas of research and supervision include public international law, human rights law, international criminal law
International criminal law
International criminal law is a body of international law designed to prohibit certain categories of conduct commonly viewed as serious atrocities and to make perpetrators of such conduct criminally accountable for their perpetration. Principally, it deals with genocide, war crimes, crimes against...
, comparative constitutional law and anti-terrorism legislation
Anti-terrorism legislation
Anti-terrorism legislation designs various types of laws passed in the aim of fighting terrorism. They usually, if not always, follow specific bombings or assassinations...
. He is a Work Package leader in the research project DETECTER (Detection Technologies, Terrorism, Ethics, and Human Rights) under the European Union Framework 7 Security Programme, and coordinator of the research strand GLOTHRO (Beyond Territoriality: Globalisation and Transnational Human Rights Obligations) within the EUI Global Governance Programme.
His professional experience also includes working for the Parliament of Finland, the Finnish Ministry of Justice and three governmental commissions that drafted amendments to the Finnish Constitution
Constitution of Finland
The Constitution of Finland is the supreme source of national law of Finland. It defines the basis, structures and organisation of government, the relationship between the different constitutional organs, and lays out the fundamental rights of Finnish citizens...
, including the 1995 fundamental rights reform. He has taught courses on human rights or counter-terrorism in many parts of the world, including at the University of Melbourne
University of Melbourne
The University of Melbourne is a public university located in Melbourne, Victoria. Founded in 1853, it is the second oldest university in Australia and the oldest in Victoria...
, University of Pretoria
University of Pretoria
The University of Pretoria is a multi campus public research university located in Pretoria, the administrative and de facto capital of South Africa...
, and the University of Toronto
University of Toronto
The University of Toronto is a public research university in Toronto, Ontario, Canada, situated on the grounds that surround Queen's Park. It was founded by royal charter in 1827 as King's College, the first institution of higher learning in Upper Canada...
, and for professional target groups such as judges, lawyers or prosecutors in Egypt, Latvia, and the Russian Federation.
In December 2010 Scheinin was elected President of the International Association of Constitutional Law.
Work with the UN
Scheinin has worked with the UNUnited Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
on human rights issues since 1997, first as a member of the United Nations Human Rights Committee, and later as Special Rapporteur on human rights and counter-terrorism.
Special Rapporteur
In April 2005, the UN Commission on Human RightsUnited Nations Commission on Human Rights
The United Nations Commission on Human Rights was a functional commission within the overall framework of the United Nations from 1946 until it was replaced by the United Nations Human Rights Council in 2006...
appointed "a special rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism". This was initially a three-year appointment, to end in 2008, but was later extended by three more years, to end in 2011.
As Special Rapporteur on human rights and counter-terrorism, Scheinin reports annually both to the United Nations General Assembly
United Nations General Assembly
For two articles dealing with membership in the General Assembly, see:* General Assembly members* General Assembly observersThe United Nations General Assembly is one of the five principal organs of the United Nations and the only one in which all member nations have equal representation...
and the United Nations Human Rights Council
United Nations Human Rights Council
The United Nations Human Rights Council is an inter-governmental body within the United Nations System. The UNHRC is the successor to the United Nations Commission on Human Rights , and is a subsidiary body of the United Nations General Assembly...
. His reports have covered themes such as definitions of terrorism, the right to fair trial in terrorism cases, the impact of counter-terrorism measures on economic, social and cultural rights, the right to privacy in the age of counter-terrorism, the role of intelligence agencies and their oversight in counter-terrorism, and the identification of best practice in combating terrorism in full compliance with human rights.
Some of the reports have been commended by governments, such as those related to discriminatory profiling
Profiling
Profiling, the extrapolation of information about something, based on known qualities, may refer specifically to:* Profiling practices * Forensic profiling, used in several types of forensic sciences* Offender profiling...
or the right to privacy in the context of counter-terrorism. On some other occasions, certain governments have been highly critical about the reports, such as Scheinin's analysis of the [gender] impact of counter-terrorism measures and his proposals of a total reform of the terrorist listing by the United Nations Security Council.
The Special Rapporteur is a member of the United Nations Counter-Terrorism Implementation Task Force (CTITF) and has conducted a number of country visits to assess the counter-terrorism law and practice of countries such as Turkey, South Africa, United States, Israel, Spain, Egypt, Tunisia and Peru. As part of the country missions, he visits prisons and observers terrorism trials, such as the Military Commission hearings in the Hamdan
Hamdan
Hamdan is a name of Arab origin. Among people named Hamdan include:*Al-Hamdan, famous Druze family*Salim Ahmed Hamdan, Yemeni Guantanamo detainee, driver and bodyguard of Osama bin Laden*Gibran Hamdan, quarterback for the Buffalo Bills...
case in Guantanamo Bay and the Jose Padilla and Ahmed Ghailani trials in the United States. The country visits have often resulted in concrete improvements, such as the repeal of a contested Presidential Decree in Peru immediately after the visit in September 2010. As Special Rapporteurs can visit a country only upon the invitation of its government, Scheinin has not been able to obtain access to countries such as Pakistan
Pakistan
Pakistan , officially the Islamic Republic of Pakistan is a sovereign state in South Asia. It has a coastline along the Arabian Sea and the Gulf of Oman in the south and is bordered by Afghanistan and Iran in the west, India in the east and China in the far northeast. In the north, Tajikistan...
, the Philippines, or the Russian Federation.