Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

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

1. Article 11 of the Convention. In reply to the Committee's previous comments, the Government indicates that the problems caused by the inadequacy of the medical infrastructure have not yet been solved and that they continue to prevent the extension of the benefits of the Sickness Insurance to the families of insured persons. The Committee notes this information and the attention paid by the Government to the extension of medical insurance. It also notes with interest that in social security in the rural sector rapid progress is being made towards family health care. The Committee again expresses the hope that the Government will pursue its efforts to ensure that free medical care is extended in the near future to the wives and children of insured persons, as envisaged by this provision of the Convention, and requests it to continue providing information on progress made in this respect.

2. Article 12. In its previous comments, the Committee drew the Government's attention to the need to amend sections 16 to 18 of the Statutes of the former Social Security Medical Department to bring them into conformity with this Article of the Convention which provides that persons who receive social security benefit for invalidity, old age, death of the breadwinner or unemployment, and, where appropriate, the wives and children of such persons, shall continue to receive medical care.

The Government refers to a series of provisions in the Labour Code, concerning occupational hazards, and indicates that certain invalidity and old-age benefits provide coverage for life. The Committee takes note of this information. However, it notes with regret that, in addition to the fact that the provisions of the Labour Code which have been referred to do not cover benefits in the event of common illnesses, section 91 of the new consolidated Statutes of the Ecuadorian Social Security Institute (IESS) of 7 May 1990 confirms that, in principle, medical care is provided to retired persons in respect of one and the same illness, for a maximum of six months. The Committee therefore hopes that the Government will take the necessary steps to amend sections 90, 91 and 92 of the consolidated Statutes of the IESS of 1990 in order to ensure the application of this provision of the Convention under which persons receiving social security benefits - and where appropriate, their wives and children - continue to be entitled to medical care.

Lastly, the Committee asks the Government to provide the text of the medical care regulations referred to in section 105 of the codified Statutes of the IESS of 1990, as soon as it has been adopted.