The United Nations Jurisprudence on Pre-disciplinary Cases Involving Sexual Exploitation and Abuse

This chapter provides an overview of the latest developments of the United Nations’ jurisprudence on cases involving sexual exploitation and abuse. The examples chosen by the author demonstrate how the zero-tolerance policy implemented by the Organization in recent years impacted staff members’ employment rights and due process. It also examines how far this policy can go, particularly at a very early stage of an investigation. In fact, based on the policy, a staff member being investigated for not reporting information on sexual exploitation or abuse can be subject to special leave without pay for the whole duration of the investigation and pending the disciplinary procedure. However, this prerogative of the administration also means that a person can remain without a salary for a long period of time that, in cases, may last for up to two years. Therefore, finding the right balance between the Organization’s best interest and staff member’s employment rights is a delicate and subtle challenge for the UN internal justice system.