惇蹋厙DT/2011/168

惇蹋厙AT Held or 惇蹋厙DT Pronouncements

The 惇蹋厙DT found that General Assembly resolution 63/253, by which the Assembly adopted the statutes of the 惇蹋厙DT and the 惇蹋厙AT, imposed limitations on their jurisdiction. Interns presently do not have access to the 惇蹋厙DT and the 惇蹋厙AT. Having found that it does not have jurisdiction to consider the application, the 惇蹋厙DT dismissed it without consideration of its merits.

Decision Contested or Judgment/Order Appealed

The Applicant, a former intern at the United Nations Secretariat, filed an application contesting two decisions: (i) the decision not to pursue a disciplinary case against him, and (ii) the decision to require him to be accompanied by a security escort when accessing the United Nations premises in New York.

Legal Principle(s)

Interns, jurisdiction of the 惇蹋厙DT: Interns presently do not have access to the 惇蹋厙DT and the 惇蹋厙AT. By way of an obiter, the 惇蹋厙DT included observations regarding the legal status of interns and access to justice, concluding that proper attention should be given to ensuring that interns have access to an appropriate dispute resolution mechanism.Right to an effective remedy: Where rights and obligations attach, there must be an effective mechanism for resolution of disputes and for reparation of breached rights through appropriate remedies.

Outcome

Dismissed on merits

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The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Applicants/Appellants

Di Giacomo

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Case Number(s)

Tribunal

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Date of Judgement