Migration by sea and the protection of human rights during the COVID-19 pandemic : a Mediterranean perspective

Abstract

In light of the COVID-19 pandemic, States within the Mediterranean have experienced various health and economic challenges which forced several States in the region to close off ports, with the intention of safeguarding the public health interests. This restriction has also affected the humanitarian crisis at sea, impacting the human rights of individuals at sea, from seafarers and military representatives to migrants. The pandemic brought about new humanitarian challenges to the ongoing migration by sea crisis in the Mediterranean, with tighter restrictions on border control and travel. Furthermore, by refusing disembarkation of migrants, Mediterranean States, in particular, Italy and Malta, may have breached several human rights obligations under the European Convention of Human Rights, other human right treaties as well as customary international law. In this study, the author intends to focus on the legal regimes addressing specifically affected human rights of migrants in rescue at sea operations, in particular the to the right to life, right to liberty and security and the prohibition of torture, inhuman or degrading treatment or punishment.