ILO is a specialized agency of the United Nations
ILO-en-strap
Site Map | Contact français
> Home > Triblex: case-law database > By thesaurus keyword > executive head

Judgment No. 2193

  • Organization: United Nations Educational, Scientific and Cultural Organization (UNESCO)
  • Date: 03.02.2003
  • Original: French
  • Judges: Egli, Ba, Hugessen, Romero, Rondón De Sansó
  • Full judgment text - Full judgment text (french)

Decision

THE COMPLAINT IS DISMISSED.

Consideration 8

Extract:

The complainant, who had entered into a civil solidarity contract (pacte civil de solidarité, hereinafter 'pacs') with his male partner, informed the administration that his partner was entirely dependant on him. The organisation replied that, under the rules currently applicable within the United Nations system, the pacs was not recognised as a formal marriage that could create an entitlement to any benefits or allowances for a dependent spouse. The Tribunal shares the view that the organization "is not bound by contracts entered into under national laws".

Keywords

marital status; sex discrimination; organisation's duties; domestic law; contract; family allowance; dependant; same-sex marriage

Consideration 11

Extract:

The complainant, who had entered into a civil solidarity contract (pacte civil de solidarité, hereinafter 'pacs') with his male partner, informed the administration that his partner was entirely dependant on him. The organisation replied that, under the rules currently applicable within the United Nations system, the pacs was not recognised as a formal marriage that could create an entitlement to any benefits or allowances for a dependent spouse. The Tribunal states that "neither the letter nor the spirit of the relevant texts cited by the parties, nor indeed the case law, enable partners bound by a pacs to be considered as having the status of spouses within the meaning of Staff Rule 103.9."

Reference(s)

Organization rules reference: UNESCO STAFF RULE 103.9

Keywords

marital status; applicable law; case law; organisation's duties; domestic law; interpretation; contract; family allowance; dependant; same-sex marriage

Consideration 12

Extract:

The complainant, who had entered into a civil solidarity contract (pacte civil de solidarité, hereinafter 'pacs') with his male partner, informed the administration that his partner was entirely dependent on him. The organisation replied that, under the rules currently applicable within the United Nations system, the pacs was not recognised as a formal marriage that could create an entitlement to any benefits or allowances for a dependent spouse. "The complainant submits that, since the Director-General is entitled to modify or create exceptions to the application of the Staff Rules, he could and ought to have made an exception in the present case or amended the disputed text in order to protect the rights of homosexuals. [...] However, irrespective of the validity of the arguments put forward in urging the Director-General to take individual choices into account in the context of a culture of tolerance compatible with changing moral beliefs, the Director-General cannot be compelled to resort to what is merely an option open to him under certain clearly defined circumstances, since exercising that option is entirely a matter of discretion."

Keywords

marital status; exception; equal treatment; sex discrimination; domestic law; staff regulations and rules; amendment to the rules; contract; family allowance; dependant; discretion; executive head; same-sex marriage

Dissenting opinion

Extract:

A dissenting opinion by Judge Hugessen is attached to this judgment.

Keywords

dissenting opinion

Dissenting opinion

Extract:

A dissenting opinion by Judge Rondon de Sanso is attached to this judgment.

Keywords

dissenting opinion



 
Last updated: 21.03.2017 ^ top