Vulnerability and marginalisation at sea: Maritime search and rescue, and the meaning of 'place of safety'

Campàs Velasco, Ainhoa (2022) Vulnerability and marginalisation at sea: Maritime search and rescue, and the meaning of 'place of safety'. International Journal of Law in Context, 18 (1), 85-99. (doi:10.1017/S1744552322000076).

Record type: Article

Abstract

This paper proposes an integrating interpretation of the term 'place of safety' in the International Convention on Maritime Search and Rescue, 1979, grounded in international human rights and refugee law. It argues that the exposure to harm as a consequence of the conditions under which sea migrants endure irregular journeys raises vulnerability concerns and the need to search for mechanisms of redress. It further claims that sea migrants are marginalised by states' refusal to allow their disembarkation on land. It also argues that a narrow interpretation of the term 'place of safety' risks perpetuating, if not exacerbating, situations of vulnerability and marginalisation among sea migrants. Key themes addressed in this contribution are vulnerability and marginalisation of sea migrants, vulnerability reasoning in the interpretation process and the scope for a more integrating reading of the term 'place of safety' that is responsive to the specific needs among sea migrants.

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