Assessing Maritime Security and Human Rights: The Role of the EU and its Member States in the Protection of Human Rights in the Maritime Domain

Sofia Galani

doi:10.1163/15718085-23441006

Abstract

Abstract Over the years, the European Union (EU) and its Member States have taken significant steps to enhance maritime security. However, these initiatives are mostly focused on the safety of ships and the protection of the marine environment rather than the protection of human rights at sea. Without belittling the importance of these initiatives, this article argues that it is time the protection of human rights at sea was also incorporated in the efforts to enhance maritime security. This argument is supported by the analysis of the legal framework which shows that the EU and its Member States as flag, coastal or port States have assumed responsibility to protect human rights at sea under the law of the sea, human rights law and EU law.

Highlights

The protection of human rights in the maritime domain has gained considerable attention over the years.[1]
Before we evaluate the role of the European Union (EU) and its Member State (MS) in the protection of human rights in the maritime domain, this section will examine where the duties of the EU and its MS derive from
This article highlighted the strain under which the human rights of persons at sea have come because of the increasing threats posed to maritime security

Summary

Introduction

The protection of human rights in the maritime domain has gained considerable attention over the years.[1] The drama of the hundreds of thousands of refugees trying to cross the Mediterranean Sea onboard unseaworthy vessels,[2] the revelations of fishers being turned into slaves on fishing boats,[3] the abuses suffered by seafarers abducted by pirates[4] and the prolonged detention without judicial supervision of pirate suspects alerted the international community to the violations of human rights that take place in the maritime domain.[5] We are still far though from realising the nature and the scale of the abuses of persons at sea, and work needs to be done for their effective protection This holds true for the protection of human rights within European waters, onboard vessels that fly the flag of a Member State (MS) of the European Union (EU) or during law enforcement operations conducted by the EU naval forces or by its MS. It is argued that the EU cannot only care for European citizens, but it has to take steps to protect the human rights of all persons within its jurisdiction

The Legal Framework

Findings

Conclusion