The duty of care of international organizations towards their civilian personnel :
[Book]
legal obligations and implementation challenges /
Andrea de Guttry, Micaela Frulli, Edoardo Greppi, Chiara Macchi, editors ; foreword by Jean-Pierre Lacroix.
Berlin :
Asser Press,
2018.
1 online resource
Intro; Foreword; Preface and Acknowledgements; Contents; Editors and Contributors; Abbreviations; The Duty of Care of International Organizations: Setting the Scene; 1 International Organizations and Alleged Duty of Care Breaches: A Growing Ethical, Reputational and Financial Challenge; Abstract; 1.1 Quantitative Figures: Jurisprudence; 1.2 Overview of the Available Literature; 1.3 Number of People Injured/Fatalities; 1.4 Reputational Issues; 1.4.1 Media Coverage; 1.5 Ombudsman; 1.6 Insurance; 1.7 Conclusions; List of References
2 Comparative Analysis of International Jurisprudence and Relevant International Practice Related to the Duty of Care Obligations Incumbent on International Organizations Towards Their Mobile WorkforceAbstract; 2.1 Introduction; 2.2 The Notion of 'Duty of Care' in Domestic Law and in International Law: A Few General Remarks; 2.3 The Legal Foundations of the Duty of Care in the International Legal Framework: An Autonomous Rule or a Part of an Existing Human Rights Rule?
2.4 Scope and Content of the 'Duty of Care' According to Recent International and National Jurisprudence: The Specific Obligations Incumbent on International Organizations2.4.1 Provide a Working Environment Conducive to the Health and Safety of Personnel; 2.4.2 Actively Protect the Officers Facing Specific Challenges and Threats and, When Using Independent Contractors, Use Reasonable Care in Selecting Them and Maintain a Sufficiently Close Supervision over Them to Make Sure That They Use Reasonable Care; 2.4.3 Protect Personnel's Private Property
2.4.4 Offer Labour Contracts Which Are Fair and Which Take into Due Consideration the Particular Nature of the Risks Associated with the Specific Working Place/Tasks2.4.5 Make Adequate Information Available to Personnel About the Potential Dangers They Might Face and About the Specific Situation in the Country of Destination; 2.4.6 Treat the Working Force in Good Faith, with Due Consideration, with no Discrimination, to Preserve Their Dignity and to Avoid Causing Them Unnecessary Injury
2.4.7 Have Sound Internal Administrative Procedures, Act in Good Faith and Have Properly Functioning Internal Investigation Mechanisms to Address Requests and Complaints by Personnel Within a Reasonable Time2.4.8 Provide Effective Medical Services to Personnel Should an Emergency Occur and Afterwards, Even Through an Efficient Insurance Policy, and Adopt the Necessary Measures to Guarantee the Well-Being of Staff; 2.4.9 Exercise 'Functional' (or 'Diplomatic') Protection; 2.4.10 Provide Personnel with Adequate Training and the Necessary Equipment to Carry out Safely the Task to Be Performed
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This book constitutes the first comprehensive publication on the duty of care of international organizations towards their civilian personnel sent on missions and assignments outside of their normal place of activity. While the work of the civilian personnel of international organizations often carries an inherent risk, the regulations, policies and practices of the employer can help to address and mitigate that risk. In this book, the specific content and scope of the duty of care under international law is clarified by conducting an unprecedented investigation into relevant jurisprudence and legal sources. Included is a critical assessment of the policies of selected international organizations while a set of guiding principles on the duty of care of international organizations is also presented. This publication fills a gap in the existing academic literature on the topic and is aimed particularly at academics and practitioners interested in the legal implications of the deployment of civilian personnel abroad by international organizations. This includes scholars and university-level students specializing in international law, international human rights law, the law of international organizations, labour law, EU law, international administrative law and the UN system, and practitioners, such as lawyers and consultants, representing or advising international organizations or their personnel on the legal aspects of deployment. The book is also aimed at the senior management of international organizations and at their officers in charge of recruitment, human resources, training and security, in that it clarifies their legal obligations and provides concrete examples of the policies various international organizations have in place for the protection of civilian personnel. Current and prospective civilian personnel of international organizations should also find the book useful for clarifying their rights and duties. Andrea de Guttry is Full Professor at the Dirpolis Institute of the Sant'Anna School of Advanced Studies in Pisa, Micaela Frulli is Associate Professor at the Dipartimento di Scienze Giuridiche (DSG), University of Florence, Edoardo Greppi is Full Professor at the Dipartimento di Giurisprudenza, University of Turin, and Chiara Macchi is Research Fellow at the Dirpolis Institute of the Sant'Anna School of Advanced Studies in Pisa.--
Springer Nature
com.springer.onix.9789462652583
Duty of care of international organizations towards their civilian personnel.