The transnational dimension of international organizations' duty of care towards their civilian personnel: Lessons from the case law on states' extraterritorial human rights obligations

Chiara Macchi*

*Corresponding author for this work

Research output: Chapter in Book/Report/Conference proceedingChapterAcademicpeer-review

Abstract

The purpose of this chapter is to establish under which conditions the civilian personnel sent on mission fall within the human rights jurisdiction of the sending international organization, and the extent of the positive human rights obligations that the latter, consequently, owes to the former. Section 17.2 reviews the existing jurisprudence on the extraterritorial human rights obligations (ETOs) of States with a view to assessing whether the so-called 'spatial' model and 'personal' model of jurisdiction can provide adequate conceptual bases for the grounding of international organizations' human rights obligations towards their civilian personnel sent on mission. Section 17.3, building upon the tripartite definition of jurisdiction elaborated by King and taking stock of the available ETO jurisprudence, distills the principles that ground the human rights jurisdiction of an international organization and delimit the extent of its positive human rights obligations towards its personnel. The conclusions of this analysis support the existence of a duty of care anchored in international human rights law that places on the sending international organization positive obligations towards its civilian personnel wherever the latter carries out its tasks, the existence of which does not depend on the formal nature of the employment relationship between the international organization and the individual.

Original languageEnglish
Title of host publicationThe Duty of Care of International Organizations Towards Their Civilian Personnel
Subtitle of host publicationLegal Obligations and Implementation Challenges
EditorsA. de Guttry, M. Frulli, E. Greppi, C. Macchi
Place of PublicationThe Hague
Pages433-456
ISBN (Electronic)9789462652583
DOIs
Publication statusPublished - 17 Aug 2018
Externally publishedYes

Keywords

  • Due diligence
  • Duty of care
  • European court of human rights
  • Extraterritorial human rights obligations
  • Functional protection
  • International organizations

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