Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

Minimum Age Convention, 1973 (No. 138) - Uruguay (Ratification: 1977)

The Committee recalls that, at the time of ratifying this Convention, Uruguay specified under Article 2(1) of the Convention the minimum age of 15 years. The Government has been indicating, since its first report in 1979 and up to the latest report covering the period up to August 1996, that the minimum age was fixed at 15 years by virtue of Decree No. 852/971 of 16 December 1971.

The Committee notes however that the Government indicates, in its report (dated 2 August 1995) submitted to the United Nations Committee on the Rights of the Child, that the minimum age is 14 years according to the Code of the Child (document CRC/C/3/Add.37, paragraphs 244 and 245 of the report). It further notes that a government representative at the 13th Session of the UN Committee (September-October 1996) admitted the conflict between Uruguayan legislation on child labour, in which the minimum age was 14 years, and ILO Convention No. 138, and added that a bill currently before Parliament was designed to bring the domestic provisions into line with the international instrument (CRC/C/SR.325, paragraph 40).

The Committee urges the Government to clarify the situation, with particular reference to the legislative provisions actually in force on the matter.

[The Government is asked to report in detail in 1997.]