Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

Medical Examination (Fishermen) Convention, 1959 (No. 113) - Brazil (Ratification: 1965)

Articles 3 and 4 of the Convention. The Committee notes the Government’s report which states that the Ministry of Labour and Employment has no specific legislation applicable to fishing boats. It notes, furthermore, that according to the Government’s report under the Medical Examination of Young Persons (Sea) Convention, 1921 (No. 16), medical examinations for all workers are governed by Regulatory Standard No. 7 providing a medical supervisory programme for occupational health under which persons under 18 years of age and over 45 years of age who are in employment subject to the consolidated labour laws, must pass a medical visit annually. The Committee requests the Government to indicate whether this regulatory standard is applicable to employment in the maritime fishing industry. If so, it recalls that by virtue of the Convention, the certificate of physical fitness for maritime fishing must remain in force for a period not exceeding one year for persons of less than 21 years of age, and not 18 years of age as provided in the abovementioned Standard. The Committee trusts that the Government will take appropriate measures to bring national regulations and practice into conformity with the provisions of the Convention.

Article 5. Please indicate the arrangements that have been made to enable persons who have been refused a certificate to apply for a further examination by independent medical referee or referees.