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Schools and Education General Discussion
Reply to "Diplomats kids and pulic school"
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[quote=Anonymous][quote=Anonymous][quote=Anonymous]OP here. I agree that I have always understood the immunity to apply to official functions only [/quote] Not quite. There are several categories of immunity that, when most people discuss the concept, frequently all get lumped together under the title of "diplomatic immunity". What type of immunity a diplomat has depends on the exact definition of "diplomat" in that specific person's case; in other words the type of immunity to which someone is entitled depends on several factors especially the specific job function he or she is performing and what country he or she represents. Whether or not said person's spouse and minor children have immunity based on the diplomat's official status is also a complex determination. "Official Acts" immunity, which is what you mentioned, is the only type of immunity held by the service staff of diplomatic missions. Administrative and technical staff of diplomatic missions hold personal immunity for criminal proceedings and being called as a witness but only hold official acts immunity for civil court proceedings. Diplomatic agents hold full personal inviolability, full immunity [i]from the host nation's jurisdiction[/i] in criminal matters, and near full immunity[i] from the host nation's jurisdiction[/i] in civil matters; this immunity does not merely cover official acts but also their personal lives. The only people whose families enjoy diplomatic immunity are diplomatic agents, because "official acts" immunity would not apply to spouses and minor children who are not officials of the sending government. That's a very basic explanation, and there are definitely more complex factors that go into making the determination of who enjoys what sort of immunity. If you're interested, have a lot of time on your hands, and like legal language, take a look here for further info: http://www.state.gov/documents/organization/150546.pdf Diplomatic immunity would not apply to the children at school, even if they do hold such immunity through their parent. It only applies in legal matters, so the only time it would come into play is if charges were filed against them or if the school tried to have them arrested for fighting. However, it wouldn't really end up getting them out of trouble, at least not very effectively. Diplomats and their families, in general, have the legal obligation under international law to follow the host country's laws, and I would wager that the sending country would be [i]very annoyed[/i] if the children of one of their diplomatic agents were getting in that level of trouble for fights and hooliganism at school. Depending on the circumstances, various consequences could befall the family and it would be a big mess none of which would be pleasant for anyone involved. [/quote] OP here. Thank you! I don't really have the time to read all of the info at the link but I do appreciate the legal language. I will give it a speed read![/quote]
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