Disability is part of the human condition. Almost everyone will be temporarily or permanently impaired at some point in their life, and those who survive to old age will experience increasing difficulties in functioning. Over a billion people (or about 15% of the world’s population) were estimated to be living with a disability (WHO, 2011, p.1-2). According to the statistics of the Directorate General for Disabled and Elderly Persons (EYGM, 2017), there were 106,988 disabled persons in Turkey as of 2017. Maritime transportation is one of the different public transportation systems widely used by persons with disabilities in Turkey.

The United Nations (UN) Convention on the Rights of Persons with Disabilities (CRPD) was adopted in 2006 and came into force in 2008. Turkey is also a party to this convention. The purpose of the CRPD is “to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect for their inherent dignity”. In the scope of the CRPD, persons with disabilities include those who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others.

Providing easy and accessible transportation to persons with disabilities is a responsibility imposed by the CRPD on the States Parties. Accessibility in maritime transportation was basically regulated by MSC/Circ.735 on the “Recommendation on the Design and Operation of Passenger Ships to Respond to Elderly and Disabled Persons’ Needs” of the International Maritime Organization (IMO), which is a specialized maritime agency of the UN, on 24 June 1996. Directive 2009/45/EC of the European Parliament and of the Council of 6 May 2009 on “Safety Rules and Standards for Passenger Ships” was adopted by European Union (EU). 

Those international norms mentioned above have been widely transposed onto Turkey’s national legislation with various regulations adopted at different times and scopes, especially Law No. 5378 on Diasabled Persons. However, there are not sufficient studies which compare international norms and Turkey’s national legislation on the accessibility and safety of disabled passengers in maritime transportation. Therefore, the aim of this study is to carry out an analysis to compare the norms of the IMO and EU and the national legislation of Turkey on accessibility and safety of disabled passengers in maritime transportation, and to identify gaps in national legislation, if any. In accordance with this aim, the relevant international norms and topics have been examined. Then, Turkey’s national legislation on the accessibility and safety of disabled passengers in terminals and ships has been analyzed compared with the norms of the IMO and EU. 

As a result of the gap analysis carried out in this study, it has been observed that Turkey’s national legislation has widely covered the relevant IMO and EU requirements. Additionally, some recommendations about effective implementation and the gaps identified, which include particularly training of the relevant personnel of ships/terminals, have been also presented. 

In particular, taking necessary safety precautions and providing the guidance and information to the passengers who are elderly, physical disabled, sensory disabled and wheelchair users, pregnant women and young childeren are of great importancewhen moving between the terminals and passengers ships. Therefore, it is very important that the terminal and ship personnel, who are on duty and responsible for coordination and communication, are well trained. 

Another important issue is the effective implementation of national legislation. The function of the Accessibility Monitoring and Supervision Commissions established in the provinces is of great importance for the effective implementation of national legislation regarding accessibility of passenger ships, ferries and terminals.