On April 18-19, 2019, the XIII International Research and Practical Conference "Maritime Law and Management: Evolution and Contemporary Challenges” has been held in Odessa, Ukraine.
Denys Rabomizo, the partner of the Rabomizo Law firm, has taken part in this conference with a presentation: “European Court of Human Rights and the Protection of the Seafarers' Rights: Practice and Difficulties”.
In his report, Denys focused on the need for greater use of human rights protection mechanisms in protecting the rights of seafarers. He pointed out that, as a rule, limited tools for the protection of the seafarers' rights are used. Essentially, it is an appeal to professional organizations and national courts. Moreover, in such cases, the legal position is based mainly on the provisions of national legislation and international treaties relating to labor in the field of shipping.
However, one of such mechanisms for the protection of seafarers' rights may be the European System for the Protection of Human Rights, established through the adoption of the European Convention on Human Rights.
Thus, in the practice of the European Court of Human Rights there are quite a few cases that concerned the protection of seafarers’ rights, among which Madsen v Denmark (concerning the verification of seafarers’ analyzes to determine the consumption of narcotic substances and alcohol) and Mangouras v Spain (concerning detention of the master of tanker "Prestige").
Human rights at sea, according to Denys, have gained increasing interest in recent years, as indicated by the proclamation of the First Geneva Declaration on Human Rights at Sea. In this regard, this topic is subject to further study and discussion for more effective protection of seafarers in practice.