The Fundamental Rights of Small-Scale Fishers and Their Communities in International Jurisprudence

The fundamental rights of small-scale fishers and their communities are founded in core instruments, principles, and standards of international human rights law. Despite this foundation, only over the past decade has the international community begun giving attention and recognition to the human rights law and fisheries law nexus. Small-scale fishers and their communities are entitled to human, fishing, and tenure rights, which are fundamental to their livelihoods, subsistence, and culture. This chapter examines the applicability of human rights treaties to small-scale fishers, clarifies their fundamental rights, and further analyses relevant international jurisprudence. It argues that the examined jurisprudence can be used to support the protection of fundamental rights of small-scale fishers and their communities, as well as their right to participate in decision-making processes concerning development activities and fisheries management, which directly affect them. This chapter concludes by reflecting on questions for future research.