The Duty of States to Ensure Respect of the Duty of Care through Their Membership in International Organizations

Abstract

This chapter stems from the consideration that States, when becoming members of international organizations, remain bearers of obligations under international human rights law. This entails that, on the one hand, both in implementing binding acts of the international organizations to which they are members (ECtHR, Bosphorus v. Ireland (GC), App. no. 45036/98, 2005, §153) and in case of failure by those international organizations to ensure respect for human rights, States are not relieved from their own obligations under international human rights law (ECtHR, Al-Dulimi and Montana Management Inc. v. Switzerland (GC), App. no. 5809/08, 2016). This applies also to the contribution of States in the elaboration of the rules of the organization (ECtHR, Gasparini c. Italie et Belgique). As this chapter argues, it means that States must use their leverage (expressed through their right to vote or their diplomatic influence) to ensure that violations do not result from the programmes, policies and rules of the organization of which they are members (Maastricht Guidelines on Violations of Economic, Social and Cultural Rights, §19). This chapter also finds, more specifically, that they are required to act within those international organizations in a manner that fosters respect for human rights in general and, more specifically, for duty of care obligations towards civilian personnel sent on mission.