海员社会保障公约（1987年修正本）

cable to seafarers in force： medical care， sicknessbenefit， unemployment benefit employment injury benefits other thanpensions and death grants， family benefit and maternity benefit. Theseschemes shall guarantee such benefits to persons resident or temporarilyresident in the territory of one of these Members other than the competentMemb

er， under conditions and within limits to be determined by mutualagreement between the Members concerned.Article 28

　　The provisions of this Part do not apply to social and medicalassistance.Article 29

　　Members may derogate from the provisions of Article 16 to 25 andArticle 27 by making special arrangements in the framework of bilateral ormultilateral instruments concluded amongst two or more of them， oncondition that these do not affect the rights and obligations of otherMembers and provide for the protection of foreign or migrant seafarers inmatters of social security under provisions which， in the aggregate， areat least as favourable as those required under these Articles.

　　PART V. LEGAL AND ADMINISTRATIVE SAFEGUARDSArticle 30

　　Every person concerned shall have a right of appeal in case of refusalof the benefit or complaint as to its nature， level， amount or quality.Article 31

　　Where a government department responsible to a legislature isentrusted with the administration of medical care， every person concernedshall have a right， in addition to the right of appeal provided for inArticle 30， to have a complaint concerning the refusal of medical care orthe quality of the care received investigated by the appropriateauthority.Article 32

　　Each Member shall make provision for securing the rapid andinexpensive settlement of disputes concerning the shipowner's liabilityprovided for in Articles 13 to 15.Article 33

　　Members shall accept general responsibility for the due provision ofthe benefits provided in compliance with this Convention and shall takeall measures required for this purpose.Article 34

　　Members shall accept general responsibility for the properadministration of the institutions and services concerned in theapplication of this Convention.Article 35

　　Where the administration is not entrusted to an institution regulatedby the public authorities or to a government department responsible to alegislature

　　（a） representatives of the seafarers protected shall participate inthe management under conditions prescribed by national legislation；

　　（b） national legislation shall also， where appropriate， providefor the participation of representatives of the shipowners；

　　（c） national legislation may also provide for the participation ofrepresentatives of the public authorities.

　　PART VI. FINAL PROVISIONSArticle 36

　　This Convention revises the Sickness Insurance （Sea） Convention， 1936，and the Social Security （Seafarers） Conventions， 1946.Article 37

　　The formal ratifications of this Convention shall be communicated tothe Director-General of the International Labour Office for registration.Article 38

　　1. This Convention shall be binding only upon those Members of theInternational Labour Organization whose ratifications have been registeredwith the Director-General of the International Labour office.

　　2. It shall come into force twelve months after the date on which theratifications of two Members have been registered with theDirector-General of the International Labour Office.

　　3. Thereafter， this Convention shall come into force for any Membertwelve months after the date on which its ratification has beenregistered.Article 39

　　Each Member which ratifies this Convention undertakes to apply it tonon-metropolitan territories for whose international relations it isresponsible in accordance with the provisions of the Constitution of theInternational Labour Organization.Article 40

　　1. A Member which has ratified this Convention may denounce it afterthe expiration of ten years from the date on which the Convention firstcomes into force， by an act communicated to the Director-General of theInternational Labour Office for registration. Such denunciation shall nottake effect until one year after the date on which it is registered.

　　2. Each Member which has ratif

ied this Convention and which does not，within the year following the expiration of the period of ten yearsmentioned in the preceding paragraph， exercise the right of denunciationprovided for in this Article， will be bound for another period of tenyears and， thereafter， may denounce this Convention at the expiration ofeach period of ten years under the terms provided for in this Article.Article 41

　　1. The Director-General of the International Labour Office shallnotify all Members of the International Labour Organization of theregistration of all ratifications and denunciations communicated to him bythe Members of the Organization.

　　2. When notifying the Members of the Organization of the registrationof the registration of the second ratification communicated to him， theDirector-General of the International Labour Office shall draw theattention of the Members of the Organization to the date upon which theConvention will come into force.Article 42

　　The Director-General of the International Labour Office shallcommunicate to the Secretary-General of the United Nations forregistration in accordance with Article 102 of the Charter of the UnitedNations full particulars of all ratifications and acts of denunciationregistered by him in accordance with the provisions of the precedingArticles.Article 43

　　At such times as it may consider necessary the Governing Body of theInternational Labour Office shall present to the General Conference areport on the working of this Convention and shall examine thedesirability of placing on the agenda of the Conference the question ofits revision in whole or in part.Article 44

　　1. Should the Conference adopt a new Convention revising thisConvention in whole or in part， then， unless the new Convention otherwiseprovides

　　（a） the ratification by a Member of the new revising Conventionshall ipso jure involve the immediate denunciation of this Convention，notwithstanding the provisions of Article 40 above， if and when the newrevising Convention shall have come into force；

　　（b） as from the date when the new revising Convention comes intoforce this Convention shall cease to be open to ratification by theMembers.

　　2. This Convention shall in any case remain in force in its actualform and content for those Members which have ratified it but have notratified the revising Convention.Article 45

　　The English and French versions of the text of this Convention areequally authoritative

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