Il caso della ”Sea-Watch 3” tra obblighi di diritto del mare, diritti umani e tutela dell’infanzia
Articolo
Data di Pubblicazione:
2019
Abstract:
The Sea-Watch 3 Case: Law of the Sea, Human Rights and Child Protection
This article focuses on the affair of the Sea Watch 3, a ship that, after rescuing forty-seven people in
distress at sea, including fifteen minors, was blocked in Italian territorial waters for more than ten
days, with the survivors forbidden from disembarking. Different profiles of the facts are analyzed,
starting from the relevant obligations associated with international maritime law, and the question
of the disembarkation in a place of safety. We then try to verify whether the naval blockade ordered
by the Italian authorities, which forced the boat to moor in front of the port of Syracuse for more
than ten days, can be considered a deprivation of freedom of the people on board. Finally, the investigation
focuses on how far the Italian authorities’ treatment of unaccompanied minors complies
with the international, European and national obligations to which Italy is bound.
This article focuses on the affair of the Sea Watch 3, a ship that, after rescuing forty-seven people in
distress at sea, including fifteen minors, was blocked in Italian territorial waters for more than ten
days, with the survivors forbidden from disembarking. Different profiles of the facts are analyzed,
starting from the relevant obligations associated with international maritime law, and the question
of the disembarkation in a place of safety. We then try to verify whether the naval blockade ordered
by the Italian authorities, which forced the boat to moor in front of the port of Syracuse for more
than ten days, can be considered a deprivation of freedom of the people on board. Finally, the investigation
focuses on how far the Italian authorities’ treatment of unaccompanied minors complies
with the international, European and national obligations to which Italy is bound.
Tipologia CRIS:
1.1 Articolo in rivista
Keywords:
duty to render assistance; place of safety; jurisdiction; principle of non-refoulement; detention;
unaccompanied minors
Elenco autori:
DEL GUERCIO, Adele
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