3.1 Human Rights Applicable for Seafarers
Seafarers are exposed to such risks at the hands of pirates as physical attacks, abuse,
exploitation, ill-treatment, detention, abandonment and other injustices. These risks
are in addition to the natural hazards of the sea, to which they are exposed.
The present section will emphasize the focal issues currently affecting seafarers in
the event of attack or armed robbery by pirates. Furthermore, it will address the right
to a safe and secure place of work, the right to information, and the right to withdraw
from unsafe zones.
3.1.1 Self-defence
The shipmaster and crew have an individual right to defend themselves against all
types of attacks. Self-defense is defined as a right to life. The right to life, as
eloquently and adequately stated in Article 3 of the Universal Declaration of
Human Rights (UDHR),
19 is the first human right. It has been “defined” as a
fundamental human right by the well-known instruments of human rights protection
following World War II.
The notion of Right to Life has a special position in the hierarchy of legal norms
and was confirmed in the UDHR in a prominent place where it is stated in Article
3 in very simple and clear terms that “Everyone has the right to life, liberty and
security of person”. This article asserts that all men and women are equal and that
they are endowed with certain inalienable rights which are life, freedom and security.
These rights seem empirically to be universal, indivisible and all express one
ultimate right: the right to exist with dignity.
20 However, this supremacy of the
right to life above others rights is also stated under ICCR (Article (2)), ECHR
(Article 15 (2)) and the ACHR (Article 27 (2)).
The right to life also includes the right not to be unjustly killed by another human
being. It is strictly forbidden to intentionally cause the death of a person. Starting at
birth, a person’s dignity must be respected and requires, above all, the safeguarding
of his right to live. Article 6 (1) of the International Covenant on Civil and Political
Rights (ICCPR)
21 states: “Every human being has the inherent right to life. This right
19 UDHR: Universal Declaration of Human Rights is a declaration adopted by the United Nations
General Assembly in Paris on 10 December 1948 as a common standard of achievement for all
people and all nations. See: http://www.un.org/en/documents/udhr/.
20 Article 1 of the Universal Declaration.
21 ICCPR: International Covenant on Civil and Political Rights : A multilateral treaty adopted by the
United Nations General Assembly on 16 December 1966, and enforced as of 23 March 1976. It
committed its parties to respect the civil and political rights of individuals, including the right to life,
freedom of religion, freedom of speech, freedom of assembly, electoral rights and rights to due
process and a fair trial. See: http://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx.
396
K. Lagdami and A. Fakhry
Seafarers are exposed to such risks at the hands of pirates as physical attacks, abuse,
exploitation, ill-treatment, detention, abandonment and other injustices. These risks
are in addition to the natural hazards of the sea, to which they are exposed.
The present section will emphasize the focal issues currently affecting seafarers in
the event of attack or armed robbery by pirates. Furthermore, it will address the right
to a safe and secure place of work, the right to information, and the right to withdraw
from unsafe zones.
3.1.1 Self-defence
The shipmaster and crew have an individual right to defend themselves against all
types of attacks. Self-defense is defined as a right to life. The right to life, as
eloquently and adequately stated in Article 3 of the Universal Declaration of
Human Rights (UDHR),
19 is the first human right. It has been “defined” as a
fundamental human right by the well-known instruments of human rights protection
following World War II.
The notion of Right to Life has a special position in the hierarchy of legal norms
and was confirmed in the UDHR in a prominent place where it is stated in Article
3 in very simple and clear terms that “Everyone has the right to life, liberty and
security of person”. This article asserts that all men and women are equal and that
they are endowed with certain inalienable rights which are life, freedom and security.
These rights seem empirically to be universal, indivisible and all express one
ultimate right: the right to exist with dignity.
20 However, this supremacy of the
right to life above others rights is also stated under ICCR (Article (2)), ECHR
(Article 15 (2)) and the ACHR (Article 27 (2)).
The right to life also includes the right not to be unjustly killed by another human
being. It is strictly forbidden to intentionally cause the death of a person. Starting at
birth, a person’s dignity must be respected and requires, above all, the safeguarding
of his right to live. Article 6 (1) of the International Covenant on Civil and Political
Rights (ICCPR)
21 states: “Every human being has the inherent right to life. This right
19 UDHR: Universal Declaration of Human Rights is a declaration adopted by the United Nations
General Assembly in Paris on 10 December 1948 as a common standard of achievement for all
people and all nations. See: http://www.un.org/en/documents/udhr/.
20 Article 1 of the Universal Declaration.
21 ICCPR: International Covenant on Civil and Political Rights : A multilateral treaty adopted by the
United Nations General Assembly on 16 December 1966, and enforced as of 23 March 1976. It
committed its parties to respect the civil and political rights of individuals, including the right to life,
freedom of religion, freedom of speech, freedom of assembly, electoral rights and rights to due
process and a fair trial. See: http://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx.
396
K. Lagdami and A. Fakhry