新冠病毒疫情下海員的人權保障：制度規範、法律挑戰及紓解之策

Seafarers' Human Rights Protection under the Covid-19: Institutional Norms, Legal Challenges and Relief Measures

新冠病毒疫情對海員的人權保障產生了諸多消極影響，引發了國際社會的強烈關注。海員作為國際航運業的關鍵力量，切實維護其合法權益是應有之義。儘管現有國際法律體系及國際組織進行的法律安排為疫情背景下海員基本權利的保障奠定了堅實的法律基礎和制度框架，但海員更換與遣返危機、生命和人身健康權受損、維權救濟受阻等新問題的湧現致使海員人權面臨時刻被侵犯的挑戰。基於此，構建疫情常態化海員人權保障法律機制，強化船東公司和船旗國、港口國切實履行國際義務的力度，加快成立國際海員工會組織的進程或許可以成為國際社會共同推進海員人權保障朝著更加合理方向發展的最佳路徑選擇。

Covid-19 has many negative effects on the protection of seafarers' human rights, which has aroused strong concern from the international community. As a key force in the international shipping industry, the international community should effectively protect the legitimate rights and interests of seafarers. Although the existing international legal system and the legal arrangements made by international organizations have laid a solid legal foundation and institutional framework for the protection of seafarers' basic rights in the context of the epidemic, the emergence of new problems such as the crisis of seafarers' replacement and repatriation, the damage to the right to life and personal health, and the obstruction of remedies for the protection of their rights have led to the challenge that seafarers' human rights are always being violated. Based on this, the construction of a legal mechanism for the protection of seafarers' human rights in the epidemic regularity, strengthening the efforts of ship-owning companies and flag states and port states to effectively fulfill their international obligations , and speeding up the process of establishing international seafarers' trade union organizations may become the best path choice for the international community to jointly promote the development of seafarers' human rights protection in a more reasonable direction.