Jingying Chen

ABSTRACT

This paper tries to explore the gender-related articles of Maritime Laws and their effects on the gender equality of the industry.Employing the doctrinal analysis, this paper maps the evolution in gender issues of Maritime Laws from Lex Rhoda (BC900) to modern Maritime Laws and Conventions. Then it focuses on the comparison of contemporary Seafarer Laws/Policies of China, the UK, the Taiwan region and the IMO. These legislations and policies are classified into four models: gender neutrality, gender equality, positive gender discrimination and gender consciousness. How they work is examined by empirical approaches, including data analysis, structured interview and observations. The research indicates current Seafarer Laws/Policies have eradicated express gender discrimination, but the gender mainstreaming approach is not enacted. Due to the low participation of women in the maritime industry, the gender-neutral and gender-equal clauses could not benefit many women. The positive gender discrimination model works, but sometimes it become an excuse of keeping women out of seafarer career. Most domestic law makers haven not realized the importance of gender consciousness to the maritime industry. Since the Laws/Policies approach is helpful to achieve the Goal 5 of the United Nations Sustainable Development Goals (SDGs), it is suggested that all four gender models should be coordinated in Maritime Laws/Policies. The positive gender discrimination should be used in the education and employment articles, followed by the gender-neutral and gender-equal clauses in post-employment step. All Maritime Laws/Policies should be based on gender consciousness, which would strengthen both men and women’s capacity to engage in the ocean career.