Healthcare and the Protection of Fundamental Rights of Working Women in the Maritime Sector from a Technological and Criminal Law Perspective

This article analyzes the impact of technology on the occupational health of women workers in the maritime sector, paying special attention to the treatment, from the perspective of the protection of workers’ rights in the criminal justice system, of corporate failures to address emerging occupational risks related to crimes against health and safety at work. However, technological advances can also lead to improved healthcare and health protection for workers at sea. In this regard, insufficient legal coverage is observed regarding the new vulnerability scenarios arising from automation, digitalization, and exposure to certain technologies. Through a review of legislation, jurisprudence, and legal doctrine, this research attempts to identify the legal gaps that impede effective protection of occupational health in this context, using a penal doctrine approach. A proposal for improvement is made to specifically define the omissions and protections against foreseeable technological risks affecting workers, as well as the risks that differentially affect women workers in the maritime sector, incorporating a gender perspective and the need for regulatory adaptation to current conditions. In the absence of regulation, the reinforcement and inclusion of ethical criteria in the use of technologies and the protection of occupational health becomes even more necessary.