Communication | Doc. 13212 | 22 May 2013
Election of judges to the European Court of Human Rights{In accordance with Article 22 of the European Convention on Human Rights.}
List and curricula vitae of candidates submitted by the Government of Iceland
1. List and curricula vitae of candidates submitted by the Government of Iceland
Letter from Ms Nina Björk Jónsdóttir, Chargée d’affaires, Permanent Mission of Iceland to the Council of Europe, to Mr Wojciech Sawicki, Secretary General of the Parliamentary Assembly, dated 28 March 2013
Re: Nomination of Candidates for election as Judge to the European Court of Human Rights in respect of Iceland
...
With reference to your letter of 13 September 2012, the Government of Iceland respectfully submits the nomination of the following candidates for election as Judge at the European Court of Human Rights (in alphabetical order):
Mr Guðmundur Alfreðsson
Ms Oddný Mjöll Arnardóttir
Mr Róbert Ragnar Spanó
The curriculum vitae for each of the candidates has been examined by the Advisory Panel of Experts on Candidates for election as Judge to the European Court of Human Rights and, given their qualifications, found to meet the requirements of Art 21 (1) of the European Convention on Human Rights.
Their curricula vitae as well as a detailed description of the procedure by which the candidates were selected are attached to this letter as annexes 1-6.
...
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Letter from Ms Ragnhildur Hjaltadóttir and Ms Bryndis Helgadóttir, on behalf of the Minister of the Interior of Iceland, to Mr Wojciech Sawicki, Secretary General of the Parliamentary Assembly, dated 21 March 2013
...
By a letter dated 13 September 2012, a request was submitted for Iceland to nominate three qualified candidates as prospective judges at the European Court of Human Rights. A request was made for Iceland's nominations, together with description of the procedure by which the candidates were selected, to be sent to the Parliamentary Assembly no later than 15 April 2013.
By a letter dated 11 December 2012 it was requested that the Advisory Panel of Experts should be sent the names of the nominees, together with their curricula vitae before 4 March 2013.
With a letter dated 4 March 2013 the Advisory Panel was sent a list of the names of the three persons nominated by Iceland as candidates for the office of judge at the European Court of Human Rights along with their curricula vitae. The Advisory Panel has now informed the Icelandic Government that the Advisory Panel has examined the curricula vitae of the three candidates nominated and will not provide any further comments on the candidates' qualifications.
With reference to the above, you are hereby sent the list of the names of the three persons nominated by Iceland as candidates for the office of judge at the European Court of Human Rights, together with their curricula vitae. Their names, in alphabetical order, are as follows:
Mr Guðmundur Alfreðsson
Ms Oddný Mjöll Arnardóttir
Mr Róbert Ragnar Spanó
As requested in your letter from 13 September 2012 this letter will describe the procedure by which the candidates were selected. The candidates were selected as follows:
On 24 January 2013 a notice was placed on the website of the Ministry of the Interior, where persons who wished to be nominated by Iceland as candidates for the office of judge at the European Court of Human Rights were invited to submit to the Ministry of the Interior their applications no later than 11 February 2013. The notice included information on the conditions for qualification as judges at the European Court of Human Rights, linguistic competence and terms of employment. Furthermore, it was revealed that a qualification committee would be appointed to evaluate candidates on the basis of the guidelines of the Court No. 40/2012.
In addition to the Ministry’s website, the notice was published on the public advertisement site of the Government Offices, in the Legal Gazette and in the jobs sections of Fréttabladid and Morgunbladid, the two most widely circulated newspapers in Iceland. Also, a separate notice was sent to all law schools in Iceland, all the courts of law, the Bar Association and the Lawyers' Association. The Ministry also issued a press release and the advertisements were discussed in mainstream and Internet news media. Three applications were received from the three respective candidates who have now been put forward by Iceland.
A qualification committee of five members was appointed, three women and two men, to evaluate the qualifications and eligibility of the candidates. Nominations to the committee were requested from the Supreme Court of Iceland, the Icelandic Bar Association, the Judicial Council and the Ministry for Foreign Affairs. The Ministry appointed the chairman of the committee ex officio. The members of the committee are the following: Dr Ragnhildur Helgadóttir, Professor at the Reykjavik University School of Law and ad hoc judge at the European Court of Human Rights, Ms Berglind Svavarsdóttir, attorney to the Supreme Court, Ms Greta Baldursdóttir, Supreme Court Judge, Mr Ingimundur Einarsson, Chief Judge, and Mr Kristján Andri Stefánsson, ambassador, nominated by the Ministry for Foreign Affairs.
The committee assessed whether the applicants met the eligibility requirements for nomination as candidates for the office of judge at the European Court of Human Rights in accordance with Article 21 of the European Convention on Human Rights and the qualifications to accept the office in accordance with the Guidelines of the Council of Europe CM(2012)40 of 29 March 2012. The committee summoned all the applicants to interviews. Also, the committee asked all the applicants to sign a declaration, with reference to Article 21 of the Act on the European Convention on Human Rights, to the effect that they had not said, done or written anything which might harm the reputation of the Court, that they would not engage in any activity which is incompatible with the independence of judges at the European Court of Human Rights, their impartiality or the requirements made with regard to a full-time office as a judge at the Court and that they would not foreseeably be disqualified in general from hearing cases brought before the Court. The conclusion of the committee was that all three applicants were qualified for nomination by Iceland as judges at the European Court of Human Rights.
If any further information or clarifications are needed please contact Ms Bryndis Helgadóttir, Director, Ministry of the Interior.
...
Appendix 1 – Guðmundur ALFREÐSSON
(open)CURRICULUM VITAE
I. Personal details
Name, forename: Alfreðsson, Guðmundur
Sex: Male
Date and place of birth: 21 December 1949 in Reykjavik, Iceland
Nationality: Icelandic
II. Education and academic and other qualifications
1982: Doctor of Juridical Science (S.J.D.), Harvard Law School. Dissertation on the right of self-determination. Supervisor and second reader: Professors Louis B. Sohn and Roger Fisher. Audited courses at Harvard Institute for International Affairs and the Fletcher School of Law and Diplomacy.
1979-80: Research Fellow at the Law Faculty, University of Copenhagen. Work on historical and current relationship in international and constitutional law between Greenland and Denmark. Supervisor: Professor Isi Foighel.
1977-79: Research Fellow at the Max-Planck-Institute for Public Comparative Law and International Law in Heidelberg. Work on S.J.D.-dissertation and a variety of other international law topics. Supervisor: Professor Karl Doehring.
1976: Master of Comparative Jurisprudence (M.C.J.), New York University School of Law. Thesis on freedom of speech vs. the law of defamation. Supervisor: Professor Albert Garretson.
1975: Candidatus juris, law degree, University of Iceland, Faculty of Law.
III. Relevant professional activities
- Summer law courses at the Salzburg Seminar in American Studies (1982), Thessaloniki Institute of International Public Law and International Relations (1979), International Institute of Human Rights at Strasbourg (1978), University of Texas School of Law at Austin (in English law language, 1975), and the Hague Academy of International Law (1974). Exchange student at Ohio Northern University School of Law in Ada (fall 1972).
- Scholarships for studies abroad from the Fulbright Commission, New York University School of Law, Harvard Law School, Alexander von Humboldt Foundation, the Nordic Council, and the Thor Thors Fund at the American Scandinavian Foundation.
a. Description of judicial and quasi-judicial activities
- Ad hoc Secretary of the UN Administrative Tribunal (spring session 1987 in Geneva).
- Member, Panel of Staff Counsellors, UNOG (1988-95), with cases presented to Joint Appeals Board (JAB), Joint Disciplinary Committee (JDC) and Administrative Tribunal.
b. Description of non-judicial legal activities
- Co-Editor-in-Chief of the Yearbook of Polar Law with Timo Koivurova (Brill Academic Publishers, from 2008). Organizer of annual Symposia on Polar Law that have been held at Akureyri, Nuuk and Rovaniemi.
- Co-Editor of the Nordic Journal of International Law (Brill Academic Publishers, from 1996, member of Editorial Board from 1992 and the Board of Trustees from 1997).
- Member of the editorial board of the Baltic Yearbook of International Law (from 2001) and advisory committee of the Indian Journal of International Law (from 2004).
- 1983-85: Legal Officer, Codification Division, Office of Legal Affairs, UN Secretariat, New York. Assigned to substantive servicing of the Sixth Committee of the General Assembly and the Special Committee on the Charter and preparation of topical summaries and analytical compilations on several issues, incl. jurisdictional immunities and state responsibility for the International Law Commission.
- 1982: Member of the Icelandic Delegation to the 37th session of the UN General Assembly, assigned to the Third and Sixth Committees.
c. Description of non-legal professional activities: N/A
IV. Activities and experience in the field of human rights
a. Academic and administrative assignments
- From autumn 2004: Professor, Law Faculty, University of Akureyri, teaching courses in the polar law master program on human rights, the rights of indigenous peoples, good governance, and public international law. Also Scientific Associate at the Stefansson Arctic Institute.
- From 2008: Visiting Professor at the Raoul Wallenberg Institute of Human Rights and Humanitarian Law in Lund, teaching mainly in overseas courses.
- May-June 2013, 2011, 2008, 2006, 2004: Adjunct Professor, Academy of Human Rights, Washington College of Law, American University, Washington D.C., teaching courses on human rights in the UN system, and the rights of vulnerable groups. Member of the Academy’s Advisory Council (from 2004).
- Editor-in-Chief of the International Journal on Minority and Group Rights (Brill Academic Publishers, from 2000, member of editorial board from 1996).
- Co-Editor-in-Chief of Book Series on Minority and Group Rights, with Kristin Henrard (Brill Academic Publishers, from 2010).
- 2010-12: Guest Professor, China University of Political Science and Law (CUPL), Beijing, teaching at their human rights summer school and in other human rights courses.
- 2005-12: Professeur invité at the Law Faculty of the University of Strasbourg, teaching courses on international human rights law, minority rights, and the external relations of the EU in the human rights and European master programs, as well as master thesis supervision.
- 1995-2008: Professor of Public International Law at the Faculty of Law, University of Lund (Adjunct Professor till 2004), teaching courses on public international law, international organizations, international human rights standards and monitoring procedures, economic, social and cultural rights, civil and political rights, and minority and indigenous rights. Member of Law Faculty's Evaluation Committee for Master Studies (2003-05), the Education Committee (2003-04) and the Research Committee (1996-2002).
- 1995-2006: Director of the Raoul Wallenberg Institute of Human Rights and Humanitarian Law (RWI) (Co-Director 1995-99). Overall responsibility and representation for an Institute with a budget of several million SEK, staff of up to 40 persons based in five countries, and programs/projects in Lund and dozens of other locations. Member of the RWI Board (1999-2008). Elected Chairman of Fourth Biennial Meeting of European Human Rights Institutes in Strasbourg (March 1997).
- Winter semester 1988-89: Visiting Lecturer at the Graduate Institute of International Studies in Geneva, conducting a seminar on the international protection of human rights.
- Spring semester 1982: Visiting Lecturer at Political Science Department, Boston College with a course on international organizations.
- Lecturing at Universities and in training courses in some 70 countries. In addition to introductory courses to international human rights standards and monitoring procedures, specialized training topics have included the administration of justice, national human rights institutions, and minority and indigenous rights. Employers have been the RWI, the Danish, Finnish and Norwegian human rights institutes, the United Nations, the Council of Europe, and the OSCE and its High Commissioner on National Minorities.
- Opponent, member of examination committees, supervisor and member of advisory committees for doctoral dissertations at 18 universities.
- Member for the RWI of a working group preparing a master program in human rights at the University of Beijing Law School (2001-03).
- Member for the RWI on the Steering Committee of the EU-sponsored Mediterranean Master Program on Human Rights and Democratization at the Law Faculty (University of Malta, 2001-08).
- Member for Lund University and the RWI on the Council of National Directors for the EU-sponsored Master Program on Human Rights and Democratization (in Venice,1998-2005).
- External member of EU Expert Group for evaluation of research applications on Roma Rights (Brussels, spring 2012).
- Member, Committee for Scientific Review of the Minerva Center for Human Rights at the Universities of Jerusalem and Tel Aviv, appointed by the Max Planck Society (2002-04).
- Member of several other evaluation/assessment committees for academic positions, academic degree programs and research projects for the University of Akureyri, the University of Reykjavik, Fróðskaparsetrið in the Faroe Islands, the Research Councils of Iceland and Norway, the Swedish International Development Authority (SIDA), the University of Zambia, and others.
- Member of editorial boards/advisory committees of the Turkish Journal of Human Rights (from 2011); the Slovene Journal of Human Rights (from 2010); Inter-American and European Human Rights Journal (from 2008); International Journal on Religion & Human Rights (from 2006); African Human Rights Law Journal (University of Pretoria, from 2001); Journal on Ethnopolitics and Minority Issues in Europe (JEMIE, based at the European Centre for Minority Issues - ECMI, from 2001); East African Journal on Peace and Human Rights (Makarere University, from 2000); and the Nordic Journal of Human Rights (previously Mennesker og Rettigheter, Oslo, 1987-2008).
b. Expert and advisory assignments
- Member of the working group established by the Constitutional Committee of Iceland’s Parliament to undertake a technical review of a draft constitution adopted by a Constitutional Council (2012).
- Legal advice upon request for the Icelandic Ministry of Foreign Affairs on diverse human rights issues (2007-08), like the detention and treatment of an Icelandic citizen in the USA, human rights in development co-operation and views of the Human Rights Committee under the International Covenant on Civil and Political Rights (ICCPR) on the Icelandic fisheries management system.
- Legal opinion written on expert assignment for the Constitutional Commission of Fiji, “Are Indigenous Peoples’ Rights Applicable in a Country Where the Indigenous People Constitutes a Majority?”, 2012, 8 pages.
- Member of the Human Rights Delegation (MR Delegationen, Swedish Ministry of Justice and later Ministry of Integration (for follow-up to the Swedish National Action Plan for Human Rights, 2006-08).
- Reports written on assignment by Swedish authorities: “Ursprungsfolkens markrättigheter och kulturella rättigheter enligt internationell rätt” [Land and cultural rights of indigenous peoples under international law] in Vem får jaga och fiska? Historia, folkrätt och miljö [Who is allowedto hunt and fish? History, international law and the environment], Delbetänkande av Jakt- och fiskerättsutredningen, SOU 2005:79, pp. 31-43; and Background paper on multiple human rights issues relating to sterilization, for Carl-Gustav Andrén in his capacity as Chairman of the Swedish Government Commission on Sterilization (see acknowledgement in the Commission report, SOU in 1998).
- Member of the Joint Danish-Greenlandic Self-Governance Commission (2004-08, Faelleskommissionen), appointed by the Greenlandic Home Rule Government. Member of the Commission’s Working Group on Constitutional and International Law, chaired by Lars-Emil Johansson (2005-08).
- Expert member, Working Group on International Law Issues, North Atlantic Group of the Danish Parliament (2002-04). For final report, see Sjurdur Skaale (editor), The Right to National Self-Determination. The Faroe Islands and Greenland, Leiden: Martinus Nijhoff Publishers, 2004; and Hallbera West og Maria Amalia Heinsesen, Kilder til Faeröernesog Grönlands Historie, Faeroya Frodskaparfelag, 2004.
- Expert member of the Working Group on International and Constitutional Law of the Self-Governance Commission of the Greenland Home Rule Government (2001-03). For final report, see Betænkning afgivet af Selvstyrekommissionen, Nuuk April 2003.
- Expert member, International Law Working Group of Sami Rights Commission in Norway, appointed by Ministry of Justice, with Asbjörn Eide as chairman (1995-96). Final report to the Commission published as Urfolks landrettigheter etter folkerett ogutenlandsk rett (The Land Rights of Indigenous Peoples under International and Foreign Law) in Norges offentlige utredninger, NOU 1997:5.
- Substantive Co-ordinator (from 2004) with Frederic Tiberghien (Conseiller d'Etat) of the Informal ASEM Seminar Series on Human Rights, convened bi-annually by the Asia-Europe Foundation (ASEF). Co-Chairman, ASEM Working Group on Human Rights and Foreign Direct Investment (Bangkok, February 2003).
- Member of Boards/Advisory Boards of the Swedish NGO Foundation for Human Rights (Stockholm, 2004-08); Institute of Human Rights, University of Iceland (1997-2005); Minority Rights Group International (London, 1996-2002),and the International Service for Human Rights (Geneva, 1996-2010).
- Participant in the expert meeting that adopted the Turku Declaration on Minimum Humanitarian Standards (Åbo Akademi Institute for Human Rights,1990).
- Co-organizer with Professor Atle Grahl-Madsen and Frederik Harhoff of the Seminars on Small Nations of the North in Constitutional and International Law (six sessions 1980-94 in the Åland Islands, the Faroe Islands, Greenland, Samiland, Iceland and Denmark).
c. Employment and other engagements with global and regional organizations
- External member of Task Force for Program Evaluation of the Office of the UN High Commissioner for Human Rights by the Inspection and Evaluation Division of the UN Office of Internal Oversight Services (OIOS), with visits in Geneva, Kampala and New York, spring and summer 2009.
- Expert member of the UN Sub-Commission on Promotion and Protection of Human Rights (2004-2006). Nominated by Iceland, supported by the other Nordic States (short CV in UN document E/CN.4/2004/82) and elected by the Commission on Human Rights.
- Chairman/Rapporteur of Sub-Commission’s Working Group on Minorities at its twelfth session in 2006, see report in UN document A/HRC/Sub.1/58/19.
- Member of Sub-Commission’s pre-sessional working group on economic, social and cultural rights (Social Forum, 2004 and 2006) and in-sessional working group on transnational corporations (2004-06).
- Member (appointed by Director-General Kamil Idris) and elected chairman of Advisory Board of the WIPO Worldwide Academy (WWA, 2000-04).
- Member, UN Working Group of Intergovernmental Experts on the Implementation and Promotion of the Right to Development (1996-97, nominated by Iceland, elected by the Commission on Human Rights).
- 1985-95: Human Rights Officer, UN Centre for Human Rights/Office of the UN High Commissioner for Human Rights, Geneva; 1993-95: Special Assistant to Ibrahima Fall, Assistant-Secretary-General for Human Rights; 1992-93: Assigned to the secretariat of the World Conference on Human Rights in Vienna; 1992: Accompanied Special Rapporteur Max van der Stoel on his inspection mission to Iraq, Iran, Jordan and Saudi Arabia; 1990-91: Secretary of Advisory Group for Voluntary Fund for Technical Co-operation, with participation in needs assessment missions and evaluation reports; 1989: Officer-in-Charge, New York Office of UNCHR, with work on legal, political, budgetary, administrative and personnel liaison between Geneva and Headquarters and preparation of good offices cases for the Executive Office of Secretary-General; and 1985-90: In Research and Legislation Branch, secretary of working groups on minorities and indigenous peoples, assistant to several Special Rapporteurs of the Sub-Commission, accompanied them on fact-finding missions to several countries, and substantive servicing of the Commission on Human Rights and several other UN bodies.
- Papers/reports written on external assignment by the United Nations:
Working paper on technical co-operation in the field of human rights, co-authored with Ibrahim Salama, in document E/CN.4/Sub.2/2005/41;
Reform of the Sub-Commission on the Promotion and Protection of Human Rights, draft resolution in document E/CN.4/Sub.2/2005/L.3;
Working paper with proposals on research and study topics in document E/CN.4/Sub.2/2004/46; and Encouraging and Monitoring Compliance with Minority Rights, submitted to the third session of UN Working Group on Minorities, in document E/CN.4/Sub.2/AC.5/1997/WP.8.
Expert paper entitled “International Instruments for the Protection of Children against Sexual Exploitation and Sexual Abuse” in document PC-ES(2006)4, 22 pages;
- Expert member of Council of Europe working group for reviewing Ukrainian draft legislation on minority rights (with meetings in Ushgorod in May 2004 and in Strasbourg in January 2004). External expert on Ukrainian draft legislation on the rights of indigenous peoples (July 2004).
- Papers/reports written on assignment by the Council of Europe:
Discussion paper entitled “Non-Citizens and Minority Rights” submitted to a Round Table of the European Commission for Democracy through Law, in document CDL(2006)053. See repetitions and reflections on my text in Report on Non-Citizens and Minority Rights in Venice Commission, document CDL-MIN(2006)002rev.;
Memorandum on the Advisory Committee under Article 26 of the Framework Convention for the Protection of National Minorities, document AS/Jur/DH (1996) 3, 9 p., a revised version reproduced in Report on the Protection of the Rights of Minorities, by Rapporteur Bindig for the Committee on Legal Affairs and Human Rights, in Parliamentary Assembly Doc. 7572 (June 1996), pp. 22-28;
Minority Rights and Democracy, in document SXB.CONF(III) 8 (September 1991), 17 p., reproduced in the Compendium of Documents of the 3rd Strasbourg Conference on Parliamentary Democracy, Strasbourg, 1992, pp. 85-101;
Equality and Non-Discrimination: Minority Rights, report to the 7th International Colloquy on the European Convention on Human Rights, in document H/Coll (1990) 6, 23 p. Reproduced in Papers from the Leningrad Minority Rights Conference, edited by Helen Krag and Natalia Yukhneva, Copenhagen and Leningrad: Danish Section of MRG and Leningrad Association of Scientists, 1991 (in English and Russian), pp. 19-41.
V. Public activities
- Chairman of Expert Consultations (1998-99) organized by the Foundation on Inter-Ethnic Relations with the OSCE High Commissioner on National Minorities for elaborating the Lund Recommendations on the Effective Participation of National Minorities in Public Life, adopted in 1999.
- Participant in Expert Consultations on Minority Rights and Kinship States with Office of the OSCE High Commissioner on National Minorities (2006-07), on Citizenship and Minority Rights (2000-02), on Linguistic Rights of National Minorities (1996-97).
- External Expert in OSCE High Commissioner on National Minorities meeting convened for facilitating dialogue between high-level Ukrainian government officials and Crimean minority leaders (Noordwijk, March 1996).
a. Public office: N/A
b. Elected posts: N/A
c. Posts held in a political party or movement: N/A
VI. Publications and other works
My published books, articles and reports number 170. In addition to the list below, a further selection is listed in a separate annex [not attached].
VII. Languages
- “Human Rights and the Environment” in The Future of International Environmental Law, edited by David Leary and Balakrishna Pisupati, Tokyo: United Nations University Press, 2010, pp. 127-146.
- “Human Rights and Indigenous Peoples” in Natalia Loukacheva (Editor), Polar Law Textbook, Copenhagen: Nordic Council of Ministers, Tema Nord 2010/538, pp. 147-170.
- Four entries on “Peoples”, “Eastern Greenland Case”, “The Polish Minority Cases” and “Treaties with Indigenous Peoples” in the Max Planck Institute Encyclopedia of Public International Law, edited Ruediger Wolfrum, published online in 2009 and 2010 and in print by Oxford University Press, 2011. Three separate entries in earlier editions of the Encyclopedia, edited by Rudolf Bernhardt, included “Greenland”, “Protection of Indigenous Populations”, and “Treaties with Indigenous Populations”.
- International Human Rights Monitoring Mechanisms. Essays in Honour of Jakob Th. Möller, The Hague: Martinus Nijhoff Publishers, 2nd revised edition, The Hague: Martinus Nijhoff Publishers, 2009, co-editor with Jonas Grimheden, Bertram G. Ramcharan and Alfred de Zayas, 729 pages.
- “Minority Rights: Norms and Institutions” in Kevin Boyle (editor), New Institutions for Human Rights Protection, Oxford: Oxford University Press, 2009, pp. 175-206.
- “The Integration of Human Rights in Legal Education and other Academic Disciplines” in Denne verden fortjener at blive forandret, Hyldest til Isi Foighel [This world deserves a change, Tribute to Isi Foighel], edited by Eva Ersböll et al, Copenhagen: Jurist- og Ökonomiforbundets Forlag, 2007, pp. 15-26.
- “Human Rights Commissions and Treaty Bodies in the UN System” in Ruediger Wolfrum and Volker Röben, Developments of International Law in Treaty Making, MPI Beiträge zum ausländischen öffentlichen Recht und Völkerrecht No. 177, Berlin: Springer, 2005, pp. 559-570.
- “A Frame with an Incomplete Painting: Comparison of the Framework Convention for the Protection of National Minorities with International Standards and Monitoring Procedures”, International Journal on Minority and Group Rights (IJMGR), vol. 7, issue 4, 2000, pp. 291-304.
- The Universal Declaration of Human Rights. A Common Standard of Achievement, co-editor with Asbjörn Eide, The Hague: Martinus Nijhoff Publishers, 1999, XXXV+782 pages (on the occasion of the 50 year anniversary of UDHR). Translated and printed in China, Kosovo and Serbia.
- “Greenland and the Law of Political Decolonization”, German Yearbook of International Law, vol. 25 (1982), pp. 290-308. Summarized in International Political Science Abstracts, Paris, 1984, vol. 34, no. 1-2, abstract No. 1860.
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VIII. In the event that you do not meet the level of language proficiency required for the post of judge in an official language [the second], please confirm your intention to follow intensive language classes of the language concerned prior to, and if need be also at the beginning of, your term of duty if elected a judge on the Court.
Yes, if elected, it would be my intention to follow intensive language classes in French.
IX. Other relevant information
X. Please confirm that you will take up permanent residence in Strasbourg if elected a judge on the Court
- Making Peoples Heard. Essays on Human Rights in Honour of Gudmundur Alfredsson, edited by Asbjörn Eide, Jakob Th. Möller & Ineta Ziemele, Leiden & Boston: Martinus Nijhoff Publishers, 2011, 643 pages.
- Commander - first grade - of the Swedish Polar Star (Nordstjärnan, November 1998).
- Knight of the Icelandic Falcon Order (Fálkaorðan, December 1998).
Yes, if elected, I will take up permanent residence in Strasbourg.
Appendix 2 – Oddný Mjöll ARNARDÓTTIR
(open)CURRICULUM VITAE
I. Personal details
Name, forename: Arnardóttir, Oddný Mjöll
Sex: Female
Date and place of birth: 16 January 1970, Reykjavík
Nationality: Icelandic
II. Education and academic and other qualifications
Since 2006: Professor of Human Rights Law.
2002: Ph.D., Jurisprudence, the University of Edinburgh. Thesis title: ‘Equality and Non-Discrimination in the European Convention on Human Rights; Towards a Substantive Approach’.
Honors: The University of Edinburgh Postgraduate Studentship. The British Chevening Scholarship. The Nato Science Fellowship. The British Federation of Women Graduates Charitable Foundation Scholarship. Scholarships from the Icelandic Red Cross, the University of Iceland Human Rights Institute and the Sveinn Björnsson Memorial Fund.
1995: Licensed as an advocate to the district courts in Iceland.
1994: Cand. jur. (combined B.A. and master’s degree in law), the University of Iceland.
Honors: Graduated top of class of 1994. The Outstanding Student Award, Delta Theta Phi (International) 1994. The Búnaðarbanki Graduation Award 1994. Orator Oratorum (winner of the law students’ debate contest) 1992.
III. Relevant professional activities
a. Description of judicial activities
N/A
b. Description of non-judicial legal activities
Since 2012: Professor of Human Rights Law, University of Iceland.
Employed as full professor, but currently without teaching obligations as I am engaged full-time as leader and principal investigator in the research project ‘Understanding the Margin of Appreciation in European Human Rights Regimes’, funded by the Icelandic Research Fund. Ph.D supervisee: Sandra Lyngdorf on the topic of ‘The European Court of Human Rights’ Notion of Effective Domestic Remedies for Human Rights Violations with Particular Emphasis on Article 13 of the European Convention on Human Rights.’ Second supervisor to Ph.D students Bjarney Friðriksdóttir on the topic of ‘European Union Law on Labour Migration’ (Radboud University, the Netherlands) and Haukur Logi Karlsson on the topic of ‘Fairness in Antitrust Procedures of the European Union: A Philosophical Approach’ (European University Institute, Italy).
Since 2012: Special Adviser to the Icelandic Human Rights Centre.
Since stepping down as Chairwoman of the Executive Board of the Human Rights Centre in 2012 I have acted as special adviser to the Centre, providing advice in relation to the preparation of ‘shadow reports’ for the UN treaty body system, the Centre’s comments on legislative bills etc.
Since 2012: Member of the Group of Experts appointed by the Constitutional and Supervisory Committee of the Icelandic Parliament to prepare a Constitutional Bill.
The Group of Experts had the mandate to prepare a Bill for a new Constitution for the Republic of Iceland, based on the model Bill submitted by the Constitutional Council to Parliament in 2011. My primary role was to revise the human rights chapter and the accompanying explanatory report in light of the international human rights obligations of Iceland. I continue to advise the Constitutional and Supervisory Committee during the passage of the Bill through Parliament.
Since 2012: Member of the Management Committee for COST Action IS0702 ‘The Role of the EU in UN Human Rights Reform’. COST Actions are research networks funded by the European Union.
Since 2012: Member of the Management Committee for COST Action IS1103 ‘Adapt – Adapting European Health Systems to Diversity’.
Since 2008: Member of the Nordic Editorial Council for ‘Retfærd’, the Nordic Journal of Law and Justice.
Since 2007: Member of the Management Committee for the Nordic Network for Research in Biomedical Law.
Since 2000: Lecturer at the official licensing programme for advocates to the district courts in Iceland. Subjects taught: Negotiations (since 2000) and Advocates’ Professional Liability (2000-2007).
2012: Evaluator in the European Union’s ‘Seventh Framework Programme’ for research and innovation (FP7).
2007-2012: Member of the Executive Board of the Icelandic Human Rights Centre. I served as Chairwoman 2010-2012, Vice-Chairwoman 2008-2010 and Member of the Board in 2007.
2006-2012: Professor of Human Rights Law, Reykjavík University, Iceland.
Employed as full professor. Courses taught: The European Convention on Human Rights, Research Seminar on International Human Rights Law (with varying sub-themes), Labour Law and Academic Writing. Member of numerous review boards in relation to academic promotions and the evaluation of research students. Director of doctoral studies, 2010-2012. Member of the Research Council for Reykjavík University, 2012 and 2007-2008. Lecturer and reviewer at the Nordic Ph.D course ‘Should States Ratify Human Rights Conventions?’, 2010. Organiser and reviewer at the Nordic Ph.D course ‘Human Rights Approaches to Research in Biomedical Law’, 2009. Chairwoman of the Research Council for the School of Law, 2006-2008.
2010: Member of the Group of Experts appointed by the Prime Minister of Iceland, to advise on the public administration’s reactions to the report of the Special Investigation Commission on the causes of the downfall of the Icelandic banks. The Group of Experts prepared a report on how the public administration should be reformed to respond to the criticism forwarded in the report of the Special Investigation Commission.
2010: Lecturer at a continuing education course on the EU Non-Discrimination Directives, organised by the Icelandic Bar Association.
2007-2009: Member of the Icelandic Research Fund Expert Council for Research in Social Sciences and Humanities. The Expert Council performs interdisciplinary review of all funding applications.
2007-2008: Member of the Board of Reviewers for ‘Lögrétta’, the Reykjavík University Law Review.
2005-2008: Member of the editorial committee of the publication ‘Mannréttindadómstóll Evrópu - dómareifanir’ [‘The European Court of Human Rights – summaries of judgments’]. This biannual publication gives summaries of selected judgments of the European Court of Human Rights in Icelandic. It is published by the University of Iceland Institute of Human Rights.
2004-2006: Partner, Acta Law Firm, Iceland. Engaged in general practice, dealing mostly with labour law, administrative law, law of torts, bankruptcy law and family law, including international child abduction cases.
2003-2006: Member of the Icelandic National Bioethics Committee. The Committee reviews all larger research protocols in the field of biomedicine.
2005: Adjunct Lecturer in Labour Law, Reykjavík University, Iceland.
2004-2005: Member of the Board of Reviewers for ‘Lögrétta’, the Reykjavík University Law Review.
2003-2005: Member of the Icelandic Bar Association Law Commission.
2004: Appointed as ad hoc member of the Gender Equality Complaints Committee in case No. 14/2003 concerning appointment for the position of a judge at the Supreme Court of Iceland.
2002-2004: Advocate, Skeifan Legal Offices, Iceland. Engaged in general practice, dealing mostly with labour law, administrative law, law of torts, bankruptcy law and family law, including international child abduction cases.
2001: Director of the Institute of Human Rights at the University of Iceland (fall-winter 2001).
2001: Director of the Reykjavík Academy, Iceland (spring-summer 2001). The Reykjavík Academy is an interdisciplinary research centre in the fields of social sciences and humanities.
1999-2000: Adjunct Lecturer in Law, Bifröst University, Iceland. Courses taught: Jurisprudence, Labour Law and Negotiations.
1993-1995: Associate at Borgartún 24 Law Firm, Iceland. Engaged mostly in the practice of commercial law, labour law and administrative law.
c. Description of non-legal professional activities
1985-1993: Various summer jobs and part-time student jobs. Examples include office work for a media company and at Reykjavík District Court, jobs in the service sector as well as in the fishing and textiles industries.
IV. Activities and experience in the field of human rights
I have been a full professor of human rights law since 2006, engaged in research, teaching and the supervision of dissertations in the field. The majority of my teaching has been conducted in English, due to the large number of international exchange students who choose to study human rights law. In 1999-2000 and 2005-2007 I also taught labour law, which has pronounced human rights implications.
My research is mostly focused on human rights as part of public international law with special emphasis on the European Convention on Human Rights. Since 1996 my primary research interest has been Article 14 of the Convention, which applies in conjunction with all its other substantive provisions. The full range of Convention rights is therefore always a concurrent subject of study. More recently my main orientation has shifted towards researching the methods of the European Court of Human Rights and its role in the multi-layered system of Human Rights protection in Europe. I am currently leading a large funded research project on ‘Understanding the Margin of Appreciation in European Human Rights Regimes’, which also incorporates a comparative study of the methods of the Court of Justice of the European Union in fundamental rights cases. Other key research interests include the rights of persons with disabilities, human rights in the context of health care and biomedicine, the right to education and the freedom of religion and belief. The thread that ties this body of research together is an interest in the sensitive balancing acts involved in international human rights adjudication, where abstract universal norms have to be applied to specific situations of great cultural and ethical complexity. My research is relatively well known as exhibited by numerous citations on international databases (GoogleScholar = 60, ISI = 12, HeinOnline = 12) and in textbooks on human rights law (e.g. Moeckli, Shah and Sivakumaran, International Human Rights Law, Oxford University Press, 2010, p. 207).
Alongside research in the field of international human rights law, I have also published domestically in the fields of legal theory, constitutional human rights law, non-discrimination law and on the professional liability of advocates. Furthermore, I have two articles forthcoming domestically on health law as a legal discipline, which emphasise the importance of human rights norms in the field.
I have participated in various international research seminars, conferences, collaborations and networks in the field of human rights law. I currently contribute to the management of three research networks, listed among relevant professional activities supra. Furthermore, I am a member of the Nordic Network on Methodological Challenges in Human Rights Research and among the proposers for a new COST Action on ‘Immigrant Communities and Human Rights in the New Europe: Balancing Special Provision, Accommodation and Integration while Respecting Diversity’.
Since 1998 I have also been involved in academic discourses and awareness raising on human rights issues in Iceland. I frequently give talks at domestic seminars and conferences, not only in the academic context but also at events that cater to civil society more broadly. Furthermore, since 2007 I have been actively involved in the work of the Icelandic Human Rights Centre, where I currently serve as special advisor to the Executive Board. The Centre is a non-governmental organisation that promotes human rights in Iceland through research, awareness raising, promotion of legal reform and the monitoring of the human rights performance of the Icelandic authorities. It regularly submits information and reports on the human rights situation in Iceland to Council of Europe agencies and the United Nations treaty monitoring system.
During 2003-2006 I served on the National Bioethics Committee as a human rights expert, with the responsibility of performing ethico-legal review of hundreds of research protocols in the field of biomedicine. Domestic and international human rights norms are a key element in this review, which relies inter alia on the standards developed in the Council of Europe ‘Convention on Human Rights and Biomedicine’, and the Protocols thereto.
Finally, in my capacity as an advocate and an associate in a law firm I have been involved in various cases with human rights implications. Examples include a non-discrimination challenge to the pricing system for pharmaceuticals, a challenge to the Icelandic Labour Court as an independent and impartial court, custody and access proceedings and international child abduction cases (cf. the European Convention on Recognition and Enforcement of Decisions Concerning Custody of Children and on Restoration of Custody of Children and the Hague Convention on the Civil Aspects of International Child Abduction), as well as various other issues concerning non-discrimination, property rights and the protection of privacy.
V. Public activities
a. Public office
N/A
b. Elected posts
Since 2009: Re-elected by Parliament as Member of the Electoral Commission for the Reykjavík-south constituency.
2009-2011: Elected Member of the Board of Directors of the European Association of Health Law.
2007-2009: Elected by Parliament as Member of the Electoral Commission for the Reykjavík-south constituency.
2005-2006: Elected Chairwoman of the Icelandic Women Lawyers’ Association.
1992-1994: Elected student representative at the University Council of the University of Iceland.
1991-1992: Elected Vice-President of Orator, the law students’ association at the University of Iceland.
c. Posts held in a political party or movement
N/A
VI. Other activities
a. Field
‘Afturelding’ local sports club.
b. Duration
Since 2001.
c. Functions
Volunteer work, fund-raising and legal advice, including recently the revision of the club’s articles of association.
VII. Publications and other works
a. Monographs
Arnardóttir, O.M., Equality and Non-Discrimination under the European Convention on Human Rights, The Hague: Martinus Nijhoff Publishers, 2003 (265 pages, published in the series ‘International Studies in Human Rights’).
b. Edited Collections
Total published 2.
Arnardóttir, O.M., and Quinn, G. (eds.), The UN Convention on the Rights of Persons with Disabilities: European and Scandinavian Perspectives, Leiden: Martinus Nijhoff Publishers, 2009 (319 pages, published in the series ‘International Studies in Human Rights’).
c. Journal Articles and Book Chapters (peer-reviewed)
Total published 17, forthcoming 3.
Arnardóttir, O.M., ‘Discrimination as a Magnifying Lens: Scope and Ambit under Article 14 and Protocol 12’ in Eva Brems and Janneke Gerards (eds.), Shaping Rights in the ECHR: The Role of the European Court of Human Rights in Determining the Scope of Human Rights, Cambridge: Cambridge University Press, forthcoming 2013.
Arnardóttir, O.M., ‘The Rights of Persons with Disabilities in the Context of Health Care’ in Brigit Toebes et al. (eds.), Health and Human Rights in Europe, Antwerpen-Oxford: Intersentia, 2012, 249-271.
Arnardóttir, O.M., ‘Lögfræðin eftir hrun: Hinn júridíski þankagangur og lagahyggjan í kennilegu ljósi’ [‘Post-Collapse Law: A Theoretical Perspective on Legalism and the Juridical Way of Thinking’] (2012) 62 Tímarit lögfræðinga, 157-191.
Arnardóttir, O.M., ‘Cultural Accommodation in Health Services and European Human Rights’, in Mette Hartlev and Elisabeth Rynning (eds.), Nordic Health Law in a European Context: Welfare States’ Perspectives on Patients’ Rights and Biomedicine, Stockholm and Leiden: Liber and Martinus Nijhoff Publishers, 2011, 181-200.
Arnardóttir, O.M., ‘The Right to Inclusive Education for Children with Disabilities – Innovations in the CRPD’, in Asbjørn Eide, Jakob Th. Möller and Ineta Ziemele (eds.), Making Peoples Heard: Essays on Human Rights in Honour of Gudmundur Alfredsson, Leiden: Martinus Nijhoff Publishers, 2011, 197-227.
Arnardóttir, O.M., Multididimensional Equality from Within - Themes from the European Convention on Human Rights’ in Dagmar Schiek and Victoria Chege (eds.): European Union Non-Discrimination Law: Comparative Perspectives on Multidimensional Equality Law, London: Routledge-Cavendish, 2009, 53-72.
Arnardóttir, O.M., ‘Non-Discrimination in International and European Law: Towards Substantive Models’, (2007) 25 Nordic Journal of Human Rights, 140-157.
Arnardóttir, O.M., ‘Non-Discrimination under Article 14 ECHR: The Burden of Proof, (2007) 51 Scandinavian Studies in Law, 13-39.
d. Articles in Council of Europe Conference Proceedings
Total published 1.
e. Case Comments, Book Reviews and Opinion Pieces in Academic Journals and Publications
Total published 4.
f. Public Lectures at Advanced Schools and Keynote and Plenary Presentations at International Conferences
Total 4.
g. Presentations at International Conferences and Seminars
Total 17.
h. Presentations at Domestic Conferences and Seminars
Total 23.
i.Commissioned Opinions and Reports
Total 3.
j. Publications in the Mass Media on Human Rights Issues
Total 3, plus several interviews.
VIII. Languages
Language |
Reading |
Writing |
Speaking |
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good |
fair |
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good |
fair |
very good |
good |
fair |
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– English |
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X |
X |
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– French |
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c. Other languages: |
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– Danish |
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X |
X |
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– Norwegian/Swedish |
X |
X |
X |
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– German |
X |
X |
X |
IX. In the event that you do not meet the level of language proficiency required for the post of judge in an official language [the second], please confirm your intention to follow intensive language classes of the language concerned prior to, and if need be also at the beginning of, your term of duty if elected a judge on the Court.
I fulfil the requirement of passive knowledge of French. If I am elected a judge on the Court I nevertheless intend to take language classes to review my knowledge and increase my proficiency.
X. Other relevant information
N/A
XI. Please confirm that you will take up permanent residence in Strasbourg if elected a judge on the Court.
I confirm that I will take up permanent residence in Strasbourg if elected a judge on the Court.
Appendix 3 – Róbert Ragnar SPANÓ
(open)CURRICULUM VITAE
I.Personal details
Name: Spanó, Róbert Ragnar
Sex: male
Birth date and place: 27 August 1972 in Reykjavik
Nationality: Icelandic/Italian
II. Education and academic and other qualifications
Education
2000: Oxford University, Faculty of Law, Magister Juris with distinction in European and Comparative Law (comparative human rights, comparative public law and principles of civil procedure).
1998: Licence to practice as a district court advocate.
1997: Cand. jur. in Law (5 year combined BA and Masters degrees), Faculty of Law, University of Iceland, First grade 7.83.
9/1996-1/1997: Erasmus-studies in European Law and International Trade Law, Faculty of Law, University of Leuven, Belgium.
1992: The Commercial College of Iceland, junior college degree in Economics.
Awards and scholarships
2006: Recipient of the Rector’s Prize for outstanding contribution to the teaching of law.
2000: Awarded the Clifford Chance Prize at Oxford University, Faculty of Law, for overall scholastic achievements in the Magister Juris Programme during the 1999-2000 term (proxime accessit) as well receiving the Civil Procedure Prize.
1999: Awarded a Chevening Scholarship by the British Embassy in Iceland to study law at Oxford University in the school term 1999-2000.
Research positions
5/2007-8/2007: Academic research position, awarded by the Parliament of Iceland, in Jon Sigurdsson’s House in Copenhagen.
2/2007-3/2007: Academic Visitor, Faculty of Law, University of Oxford.
III. Relevant professional activities
a. Description of judicial activities
2012: EFTA Court, ad hoc judge, appointed by ESA/Court Committee Decision No. 1/2012. Prior to the appointment the applicant had been deemed qualified to serve as judge of the EFTA Court by a panel of experts constituted by the Ministry of Foreign Affairs.
2011: Member of the Judicial Supervisory Board appointed by the Minister of the Interior according to the Judiciary Act No. 15/1998.
2006: Appointed District Court Judge (designated) in Case E-1939/2006: Guðjón St. Marteinsson v. The Icelandic State.
4/2004-5/2004: District Court Judge in the District Court of Reykjavík (provisionally appointed).
9/1997-7/1998: Deputy District Court Judge in the District Court of Reykjaness (provisionally appointed).
b. Description of non-judicial activities
1/2009-7/2010, 3/2013-: Parliamentary Ombudsman of Iceland, provisionally appointed by the Praesidium of Parliament (full time).
2010-2013: Parliamentary Ombudsman of Iceland, appointed by the Praesidium of Parliament in designated cases (ad hoc) from 1 July 2010 to 1 May 2011. Again provisionally appointed by the Speaker of Parliament on 5 July 2012 and 14 November 2012 as Parliamentary Ombudsman in designated cases.
2006: Professor of Law, Faculty of Law, University of Iceland, in the fields of civil and criminal procedure, human rights, administrative law and legal theory (statutory interpretation).
2004-2008, 2011-: Of Counsel, Logos Legal Services law firm, in the fields of human rights 2012 law, administrative law, criminal law and procedural law.
2004-2006: Associate Professor of Law, Faculty of Law, University of Iceland, in legal theory.
2003-2008, 2011-: Chairman of the Standing Committee of Experts on Criminal Law, Ministry of the Interior.
2001-2004: Deputy to the Parliamentary Ombudsman of Iceland with special responsibilities in the fields of human rights, criminal procedure, criminal law and EEA-law.
2002-2004: Assistant Professor of Law, Faculty of Law, University of Iceland, in the fields of criminal law, administrative law and constitutional law (part-time).
2000-2002: Adjunct Professor of Law, Faculty of Law, University of Iceland, in the fields of criminal law and administrative law (part-time).
1998-2000: Lawyer, Office of the Parliamentary Ombudsman of Iceland.
5/1997-9/1997: Lawyer, Office of the Director for Tax Investigations.
1997-2000: Part-time lecturer, Faculty of Law, University of Iceland.
c. Description of non-legal professional activities
2010: Dean of the Faculty of Law, University of Iceland from 1 July 2010 to 30 June 2010, re-elected from 1 July 2012 to 30 June 2014 (on leave from 1 March 2013). Acting Dean from 1 January 2008 to 30 June 2008.
2012: Chairman of the University Council’s Working Group on reform of rules relating to rights and obligations of students and staff members at the University of Iceland, elected by the University Council.
2012-2013: Member of an international assessment committee convened for the evaluation of the PhD Program in Law, Faculty of Law, University of Copenhagen.
2007-2010: Vice-Dean of the Faculty of Law, University of Iceland.
2007-2008: Chairman of the Board, Landakot Grammar School.
2007-2008: Reserve Board Member of the Association of Professors in State Run Universities.
2006-2007: Member of a working group, elected by the University Council, entrusted with assessing the future organisational structure and development of the Continuing Education Institute of the University of Iceland.
2005-: Board member of the Human Rights Institute of the University of Iceland, elected by the University Council.
2005-: Editor-in-Chief of the Review of the Lawyer’s Association of Iceland.
2005-2007: Reserve member of the Board of Executives of the Continuing Education Institute, University of Iceland.
2005-2007: Board member, Continuing Education Institute, University of Iceland.
2004-2006: Member of a council of experts of the Icelandic Police Academy entrusted with organising teaching seminars for supervisors in the Icelandic police force.
2003-2008: Member of a board of advisors of the Institute of Administrative Policy and Politics, University of Iceland.
2002-2008: Chairman of the Board of the Iceland Chapter of the Nordic Administrative Council (Nordisk Administrativt Forbund).
IV. Activities and experience in the field of human rights
A. Parliamentary Ombudsman of Iceland
1/2009-7/2010, 3/2013-: Parliamentary Ombudsman of Iceland, provisionally appointed by the Praesidium of Parliament (full-time).
2010-2013: Parliamentary Ombudsman of Iceland, appointed by the Praesidium of Parliament in designated cases (ad hoc) from 1 July 2010 to 1 May 2011. Again provisionally appointed by the Speaker of Parliament on 5 July 2012 and 14 November 2012 as Parliamentary Ombudsman in designated cases.
The tasks of the Parliamentary Ombudsman, as provided for by law, involve all areas of state and municipal government. One of the main tasks of the Ombudsman is to safeguard the human rights of citizens as provided for by the Icelandic Constitution of 1944 and international obligations in the field of human rights, especially under the European Convention on Human Rights. In his drafting of legal opinions, the Ombudsman must therefore frequently analyse the case-law of the European Court of Human Rights and its legal effects for the interpretation of the Convention in domestic law. In many cases that I have dealt with as Parliamentary Ombudsman issues relating to the interpretation of human rights provisions, including the European Convention on Human Rights, have arisen.
2004-2009: Legal advisor to the Parliamentary Ombudsman, especially in the fields of human rights law and criminal procedural law.
2001-2004: Deputy to the Parliamentary Ombudsman of Iceland with special responsibilities in the field of human rights law, criminal procedure, criminal law and EEA law.
B. Activities in the Council of Europe and in the incorporation into domestic law of Council of Europe conventions, resolutions and recommendations in the field of human rights
2012-: Independent Expert to the Committee of Parties established under the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (Lanzarote-Convention) (T-ES). On request by the Committee, I authored an Explanatory Report) (T-ES(2012)006_en) and a Questionnaire (T-ES(2012)005_en) for the compilation of information in the member states on issues dealing with “sexual abuse of children in the circle of trust”. I was also asked to give a lecture on the subject at the tenth meeting of PACE Network of Contact Parliamentarians to Stop Sexual violence Against Children, Moscow, 20 November 2012. Published on the Council of Europe website.
2012-: Icelandic member of the European Committee on Crime Problems (CDPC). Took part in the drafting of the Draft Council of Europe Convention against Trafficking in Human Organs (PC-TO(2012)1- rev 6).
2003-: Chairman of the Standing Committee of Experts on Criminal Law, Ministry of the Interior. As chairman of the Committee I have led work related to the amendment of the General Penal Code No. 19/1940 as part of the process of ratification and incorporation of the following Council of Europe conventions, resolutions and recommendations in the field of criminal law and human rights:
1) Bill amending the General Penal Code, Act No. 19, 12 February 1940, ((1) Discrimination based on gender identity in light of recommendation CM/Rec(2010)5 of the Committee of Ministers to member states on measures to combat discrimination on grounds of sexual orientation or gender identity and Parliamentary Assembly Resolution 1728 (2010) relating to discrimination on the basis of sexual orientation and gender identity). ((2) The Additional Protocol to the Council of Europe Convention on Cybercrime concerning the criminalisation of acts of a racist and xenophobic nature committed through computer systems). Not yet adopted by Parliament.
2) Bill amending the General Penal Code, Act No. 19, 12 February 1940 (Bribery and the Additional Protocol to the Criminal Law Convention on Corruption). Act No. 5/2013.
3) Bill amending the General Penal Code, Act No. 19, 12 February 1940, (Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse). Act No. 58/2012.
4) Bill amending the General Penal Code, Act No. 19, 12 February 1940 (United Nations Convention against Transnational Organised Crime (Palermo Convention) and Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, and Council of Europe Convention against Trafficking in Human Beings). Act No. 149/2009.
5) Bill amending the General Penal Code, Act No. 19, 12 February 1940 (Council of Europe Convention on Cybercrime). Also drafted in part in the Standing Committee on Procedural Law. Act No. 74/2006.
C. Activities in commissions investigating domestic human rights violations
2010-2011: Chairman of an Investigatory Commission, elected by the Assembly of the National Church of Iceland, entrusted with the task of assessing the reactions and procedures by the church when confronted with allegations of sexual abuse by the former bishop of Iceland, Ólafur Skúlason. The Commission issued its report on 10 June 2010.
2007-2012: Chairman of an Investigatory Commission, appointed by the Prime Minister in accordance with Act No. 26/2007, to investigate allegations of inhuman or degrading treatment of children, cf. Article 3 of the European Convention on Human Rights, in child care institutions run by state and municipal governments. The Commission interviewed approx. 400 people during a five-year period. It issued four reports dealing with the treatment of children in 9 institutions in the period from 1947-1992, the reports amounting in total to 1485 pages.
D. Academic activities in the field of human rights outside full time employment as professor of law
2013-: Leading a special project involving the compilation and provision of study materials and organisation of seminars for employees in the justice system on sexual abuse of children, child friendly justice and human rights. The project is organised by the Law Institute, University of Iceland, in cooperation with the Ministry of the Interior, the Ministry of Welfare, and the Ministry of Education and Culture.
2012: Member of a group of experts providing advice on a project researching the treatment of cases of rape in the justice system.
2005: Board member of the Human Rights Institute, University of Iceland, elected by the University Council. The Institute´s main role is researching the legal aspects of human rights, disseminating research findings in this field and supporting the teaching of human rights. To further this aim, the Institute organises seminars and conferences on issues of human rights, supports research projects and provides funding for students to pursue graduate studies in the field. The Institute publishes scholarly works in human rights law and has since 2005 regularly published a special compilation of recent judgments of the European Court of Human Rights.
V. Public activities
a. Public office (other than those referred to in Sections III and IV)
2013-: Chairman of a working group entrusted by the Ministry of Industries and Innovation with reviewing the criminal law provisions of Act No. 79/2008 on Accountants.
2012-: Independent expert assisting a working group set up by the Ministry of Finance to review the enforcement mechanism of Act No. 129/1997 on the Obligatory Insurance of Pension Rights and Pension Funds.
2007-2009: Chairman of a committee entrusted with reforming the Icelandic Traffic Act No. 50/1987. The committee finalised a bill with proposals for a new traffic act which is now before Parliament.
b. Elected office
None.
c. Posts held in a political party or movement
None.
VI. Other activities
None.
VII. Publications and other works
I have published 72 works in the field of law, i.e. books, peer-reviewed book-chapters and articles, other articles and editorials, especially in the fields of human rights law, administrative law, constitutional law, the interpretation of statutes, criminal law and criminal procedural law. I have furthermore given 71 public lectures on topics in the same fields.
The ten most important publications are:
Books
1. Stjórnarskráin, Mannréttindasáttmáli Evrópu og meginreglur refsiréttar. Ákvæði 1. mgr. 68. gr. og 1. mgr. 69. gr. stjórnarskrárinnar og 3. og 7. gr. Mannréttindasáttmála Evrópu [The Constitution, the European Convention on Human Rights and the General Principles of Criminal Law. Articles 68 (1) and 69 (1) of the Constitution and Articles 3 and 7 of the European Convention on Human Rights], Codex Publishing, Reykjavík 2012, 354 pages. The book is peer-reviewed.
2. Ne bis in idem. Bann við endurtekinni málsmeðferð vegna refsiverðrar háttsemi samkvæmt 4. gr. 7. viðauka við Mannréttindasáttmála Evrópu og áhrif þess á íslenskan rétt [Ne bis in idem. The Prohibition Against Repeated Criminal Proceedings under Article 4 of Protocol 7 to the European Convention on Human Rights and its Effect in Icelandic Law], Codex Publishing, Reykjavík 2011, 250 pages. The book is peer-reviewed.
3. Mannréttindasamningar Sameinuðu Þjóðanna. Meginreglur, framkvæmd og áhrif á íslenskan rétt [United Nations Human Rights Conventions. Principles, Practices and Effect in Icelandic Law], Codex Publishing, Reykjavík 2009, 421 pages (Ed. with Björg Thorarensen and Hjördís Björk Hákonardóttir). The book is peer-reviewed.
4. Túlkun lagaákvæða [The Interpretation of Statutes], Codex Publishing, Reykjavík, 2007, 494 pages.
Book chapters and articles
5. “The Concept of Procedural Homogeneity”. In Judicial Protection in the European Economic Area (ed. EFTA COURT), German Law Publishers, Stuttgart, 2012, pages 151-160.
6. “Samningur Sameinuðu þjóðanna gegn pyndingum og annarri grimmilegri, ómannlegri eða vanvirðandi meðferð eða refsingu”. Í ritinu Mannréttindasamningar Sameinuðu þjóðanna. Meginreglur, framkvæmd og áhrif á íslenskan rétt [“The United Nations Convention on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment”. In United Nations Human Rights Conventions. Principles, Practice and Effect in Icelandic Law.”], Codex Publishing, Reykjavík, 2009, pp. 251-287. The chapter is peer reviewed.
7. “Markmiðsskýring” [“Teleological Interpretation”], Úlfjótur, Anniversary Edition 60 years, (3) Vol. 60, 2007, Orator, Reykjavík 2007, pp. 621-649. The article is peer-reviewed.
8. “Sérstök fyrirmæli um réttarstöðu útlendinga”. Í Mannréttindasáttmáli Evrópu Meginreglur, framkvæmd og áhrif á íslenskan rétt [“Special Rules on the Legal Status of Foreigners”. In, The European Convention on Human Rights. Principles, Practice and Effect in Icelandic Law”], Human Rights Institute of the University of Iceland and The Faculty of Law, University of Reykjavík, pp. 527-541. The chapter is peer-reviewed.
9. “Efnisskilyrði meginreglunnar um ne bis in idem samkvæmt 1. mgr. 4. gr. 7. viðauka við mannréttindasáttmála Evrópu” [“The Substantive Conditions of the Principle of Ne bis in idem under Article 4 (1) of Protocol 7 to the European Convention on Human Rights”], Tímarit lögfræðinga Review of the Lawyer‘s Association of Iceland, (4) Vol 55, 2005, pp. 535-574. The article is peer-reviewed.
10. “Gildissvið meginreglunnar um ne bis in idem í 1. mgr. 4. gr. 7. viðauka við mannréttindasáttmála Evrópu”, Rannsóknir í félagsvísindum VI, Lagadeild, Félagsvísindastofnun Háskóla Íslands [“The Scope of the Principle of Ne bis in idem under Article 4 (1) of Protocol 7 to the European Convention on Human Rights”. In Research in the Social Sciences IV, the Faculty of Law, The Social Sciences Institute, University of Iceland], Reykjavík, 2005, pp. 301-326. The chapter is peer reviewed.
VIII. Languages
Language |
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Writing |
Speaking |
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good |
fair |
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good |
fair |
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good |
fair |
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a. First language: |
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Icelandic |
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X |
X |
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b. Official languages: |
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– English |
X |
X |
X |
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– French |
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X |
X |
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c. Other languages: |
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Italian |
X |
X |
X |
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Danish |
X |
X |
X |
IX. Confirmation of intention to follow intensive language classes
In 1982-1984 I resided in Montreal, Québec, a French-speaking province in Canada, where I studied French for immigrant children in the school Ecole Cardinal – Leger, Desormeaux, Anjou. I also studied French during my junior college years in the Commercial College of Iceland. I confirm that if elected a judge of the Court, I will pursue intensive language classes to further my ability in French.
X. Other relevant information
None.
XI. Confirmation of permanent residence in Strasbourg
I confirm that I will take up permanent residence in Strasbourg if elected a judge of the Court.