Direct Request (CEACR) - adopted 1987, published 74th ILC session (1987)

Medical Care and Sickness Benefits Convention, 1969 (No. 130) - Ecuador (Ratification: 1978)

1. Article 11 of the Convention. The Government again indicates that it is continuing to give priority to the extension of medical insurance to the families of insured persons but that, unfortunately, the medical infrastructure is insufficiently developed to carry out this programme at the present time. The Committee takes note of this information and hopes that the Government will continue its efforts to extend free medical care to the wives and children of insured persons in the near future as required by this provision of the Convention. The Committee requests the Government to provide information on any progress made in this connection.

2. Article 12. In reply to various comments of the Committee, the Government has indicated that sickness benefits in cash and kind are accorded as from the first day of the contingency, as long as the insured person had contributed for a period of six months. The Committee wishes to draw the attention of the Government to the fact that its earlier comments did not relate to the existence of a qualifying period but rather to the need to amend sections 16 and 18 of the By-laws of the former medical department of social insurance so as to provide the right to medical benefits without time-limits to persons in receipt of a social security benefit for invalidity, old age, death of the breadwinner or unemployment, as well as where appropriate, the wives and children of such persons. As a result of articles 16 to 18 of the By-laws mentioned above, the recipients of invalidity and old-age benefits are only entitled to such assistance, in principle, for six months whereas, under Article 12 of the Convention, medical care to a recipient of social security benefits must be assured throughout the contingency. The Committee therefore hopes that in accordance with the assurances given by the Government in its last report, the above-mentioned provisions of the By-laws of the former medical department of social insurance can be amended shortly so as to ensure the application of the provision of the Convention (see also under Article 11 above as regards the wives and children of the persons covered by Article 12).

Finally, the Committee would be grateful if the Government would communicate the text of the medical assistance regulations referred to in section 26 of the By-laws of the former medical department and section 78 of the By-laws of the Ecuadorian Social Security Institute as soon as they are adopted.