The UN responsibility for the cholera outbreak in Haiti 2016, para. 54
Paragraphe- Paragraph text
- The irony of the position of the United Nations on cholera in Haiti is that far from strengthening its case for immunity, it has provoked a backlash which has led scholars and commentators to call for immunity to be lifted, for only functional immunities to be recognized, or for national courts to adapt their approach to immunity to respect the human rights principle of access to a remedy. Support for these suggestions will only grow if an appropriate remedy is not provided in the Haiti cholera case. There is much to be said in favour of the argument, supported by many scholars and invoked in the litigation, that the absolute immunity conferred by article II of the 1946 Convention is contingent upon respect for the requirement of article VIII, section 29, that "appropriate modes of settlement" be provided by the United Nations. The rejection of this argument by courts in the United States provides no assurance that courts elsewhere will follow suit.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Health
- Personnes concernées
- N.A.
- Année
- 2016
- Type de paragraphe
- Other
- Paragraph number
- 54
trié par
Date added
77 Relations, 77 Entités