Seafarers around the world are being denied access to medical care because of rules set up to combat COVID-19. Governments must allow mariners to have access to medical attention, shipping’s top body has said.
The right to health is a basic human right under international law. Seafarer access to medical care ashore is also a legally protected right under international law and also under Australian law – particularly under the Federal Biosecurity Act 2015 (Commonwealth), section 4(b).
The International Maritime Organization, a specialist agency of the United Nations has endorsed “Recommendations for port and coastal States on the prompt disembarkation of seafarers for medical care ashore during the COVID-19 pandemic“.
The IMO urges all port and coastal states to apply the IMO recommendations and to bring those recommendations to the attention of “all concerned”, in particular border control and port health authorities.
When a ship reports a suspected or confirmed case of COVID-19, port and coastal states are urged to:
- grant the ship permission to enter port and proceed to a berth regardless of whether or not they were due to call at a port or terminal in that territory
- grant ships permission to disembark the suspected or confirmed case of COVID-19 for transfer to a medical facility ashore without delay
- arrange for the prompt disembarkation and transfer of the person from the ship to a medical facility ashore
- allow the seafarer to remain and receive care at the medical or other facility and recover before being duly repatriated by the shipowner
- arrange minimisation of potential exposure of other persons and infrastructure by implementing applicable infection prevention and control measures
- permit normal ship operations to begin and proceed as planned
- require shore-based personnel that may interact with the ship to wear appropriate PPE and to use applicable infection prevention and control measures
- allow the ship to depart and proceed on its voyage (subject to any necessary dispensation by the flag state)
When a ship reports that one of its seafarers requires medical care ashore and that mariner is not suspected of having COVID-19, the port/coastal state authorities are recommended to:
- grant the ship permission to enter port and proceed to a berth regardless of whether or not they were due to call at a port or terminal in that territory
- grant ships permission to disembark the seafarer that requires medical attention and transfer him or her to a medical facility ashore without delay
- arrange from the prompt disembarkation and transfer of the seafarer from the ship to a medical facility ashore for further assessment and medical care
- allow any seafarer who is receiving medical treatment to remain and receive care at the medical or other facility and recover before being duly repatriated by the shipowner
- apply infection prevention and control measures to minimise the exposure of the seafarer to infrastructure and personnel in port
- permit normal ship operations to begin and proceed as planned
- require shore-based personnel that may interact with the ship to wear appropriate protective equipment and to use applicable infection prevention and control measures
- allow the ship to depart and proceed on its voyage (subject to any necessary dispensation by the flag state)
