A question of human rights

Abstract

In the present work we address the problem that arose for a series of Spanish workers in Norway when for years they worked as fishermen in Norwegian waters. These fishermen who mostly from Galicia, had their residences in that Spanish territory, did not fix their habitual residence in Norway, but simply in that country they moved to work on Norwegian flag vessels. During the years they were working, they quoted and paid their taxes in Norway and when they reached retirement age, they asked the Norwegian Government for the corresponding pension, which was denied due to the criterion of the lack of residence in Norway. This is the problem that arises in this article and from which we have tried to find solutions to it from different areas of competence, such as the CJEU, the Human Rights Tribunal and the International Civil and Political Covenants applicable to the states parties. With a marked legal tinge is analyzed the subject raised, from its judicial side through the legal actions exercised and existing case law in similar cases and especially from the human point of view and recognition of human rights for all workers who it has whatever its place or country of work.