Posted: February 22nd, 2024

The Rights of Seafarers and Passengers Under Maritime Law

The Rights of Seafarers and Passengers Under Maritime Law

Maritime law, also known as admiralty law, governs activities and issues that occur on the sea. It encompasses a wide range of legal matters, including the rights of seafarers and passengers. This essay will explore the rights of seafarers and passengers under maritime law, focusing on recent updates, examples, and scholarly references.
Rights of Seafarers
Seafarers play a crucial role in the maritime industry, and their rights are protected by various international conventions and national legislations. The International Labour Organization’s Maritime Labour Convention, 2006 (MLC 2006) is a key instrument that sets out the rights of seafarers. It covers areas such as employment conditions, health and safety, repatriation, and social security. For instance, under the MLC 2006, seafarers are entitled to a safe working environment and access to medical care.
Recent Developments
In recent years, there have been significant developments in the protection of seafarers’ rights. The COVID-19 pandemic has highlighted the importance of ensuring the well-being of seafarers. The International Maritime Organization (IMO) has issued guidelines to address the challenges faced by seafarers during the pandemic, such as crew changes and access to medical assistance. For example, the “Neptune Declaration on Seafarer Wellbeing and Crew Change” has garnered support from various stakeholders to prioritize the vaccination and mental health support for seafarers.
Rights of Passengers
Passengers who travel by sea are also afforded certain rights under maritime law. The Athens Convention Relating to the Carriage of Passengers and Their Luggage by Sea, 2002 establishes a comprehensive regime for the liability of carriers in respect of passengers and their luggage. It covers areas such as compensation for death or personal injury of passengers, as well as loss or damage to luggage. For instance, in the event of a shipping incident, the Athens Convention ensures that passengers are entitled to receive adequate compensation.
Recent Cases
In recent years, there have been notable cases that have brought attention to the rights of passengers under maritime law. For example, the Costa Concordia disaster in 2012 resulted in a significant legal aftermath concerning the liability of the carrier and the compensation owed to the affected passengers. This case underscored the importance of upholding the rights of passengers and ensuring that they are adequately protected in the event of maritime accidents.
Conclusion
In conclusion, the rights of seafarers and passengers under maritime law are governed by a framework of international conventions and national legislations. Recent developments and cases have highlighted the ongoing efforts to strengthen the protection of these rights. It is essential for all stakeholders in the maritime industry to uphold these rights and ensure compliance with relevant legal instruments.

Rights of Seafarers
In addition to the MLC 2006, seafarers’ rights are also protected by other international conventions, such as the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW), which sets out minimum training and certification requirements for seafarers. The STCW ensures that seafarers are adequately trained and qualified to perform their duties safely and efficiently. Furthermore, the Maritime Labour Convention, 2006 (MLC 2006) has been updated to include provisions that address the mental health of seafarers. The 2018 amendments to the MLC 2006 require shipowners to provide seafarers with access to confidential psychological counseling services.
Recent Developments
The COVID-19 pandemic has had a significant impact on the maritime industry, particularly on seafarers. The pandemic has resulted in crew changes being delayed or cancelled, leaving seafarers stranded at sea for extended periods. The International Maritime Organization (IMO) has issued guidelines to address the challenges faced by seafarers during the pandemic. The IMO has also launched the “Seafarer Crisis Action Team” to coordinate efforts to resolve the crew change crisis. The team brings together various stakeholders, including governments, shipowners, and seafarer organizations, to find solutions to the challenges faced by seafarers.
Rights of Passengers
Passengers who travel by sea are entitled to certain rights under maritime law. The Athens Convention Relating to the Carriage of Passengers and Their Luggage by Sea, 2002 is a key instrument that sets out the rights of passengers. The Convention establishes a comprehensive regime for the liability of carriers in respect of passengers and their luggage. The Convention applies to international carriage by sea, including domestic carriage where the port of departure and the port of destination are in different states. The Convention ensures that passengers are entitled to receive adequate compensation in the event of a shipping incident.
Recent Cases
In recent years, there have been notable cases that have brought attention to the rights of passengers under maritime law. For example, the Viking Sky incident in 2019 resulted in a significant legal aftermath concerning the liability of the carrier and the compensation owed to the affected passengers. The Viking Sky was a cruise ship that experienced engine failure off the coast of Norway, resulting in the evacuation of over 1,300 passengers. The incident highlighted the importance of upholding the rights of passengers and ensuring that they are adequately protected in the event of maritime accidents.
Conclusion
In conclusion, the rights of seafarers and passengers under maritime law are crucial to ensuring the safety and well-being of those who travel by sea. The international conventions and national legislations that protect these rights are continually evolving to address new challenges and developments in the maritime industry. Recent developments and cases have highlighted the ongoing efforts to strengthen the protection of these rights. It is essential for all stakeholders in the maritime industry to uphold these rights and ensure compliance with relevant legal instruments.
References:
International Labour Organization, Maritime Labour Convention, 2006 (MLC 2006) (2006).
International Maritime Organization, International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW) (1978).
International Maritime Organization, COVID-19 and Shipping: Recommended Framework of Protocols for Ensuring Safe Ship Crew Changes and Travel During the Coronavirus (COVID-19) Pandemic (2020).
International Maritime Organization, Seafarer Crisis Action Team (2020).
International Maritime Organization, Athens Convention Relating to the Carriage of Passengers and Their Luggage by Sea, 2002 (2002).
BBC News, Viking Sky: Cruise Ship Reaches Port After Dramatic Rescue (2019).