Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

Underground Work (Women) Convention, 1935 (No. 45) - Portugal (Ratification: 1937)

The Committee notes the information provided by the Government in its report, in particular the adoption of Act No. 99/2003 of 27 August 2003 establishing the Labour Code. It also notes the Government’s statement that the regulations for the application of the new Labour Code have been approved but have not yet taken effect, and that in the meantime the Edict No. 186/73 of 13 March 1973 continues to apply. The Committee understands that once published the above regulations will supersede the 1973 edict and that therefore the general prohibition on the employment of women on underground work in mines will in all probability be removed (no such prohibition is to be found in the text of the new Labour Code either). The Committee requests the Government to clarify the position of its law and practice on this point and to transmit a copy of the regulations issued under the new Labour Code.

Furthermore, the Committee takes this opportunity to recall that, based on the conclusions and proposals of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body has decided that with respect to underground work the States parties to Convention No. 45 should be invited to contemplate ratifying the Safety and Health in Mines Convention, 1995 (No. 176), and possibly denouncing Convention No. 45 even though the latter instrument has not been formally revised (see GB.283/LILS/WP/PRS/1/2, paragraph 13). The Committee wishes to emphasize that the present trend is no doubt to remove all gender-specific restrictions on underground work. As the Committee has noted in its General Survey of 2001 on night work of women in industry in relation to Conventions Nos. 4, 41 and 89, "the question of devising measures that aim at protecting women generally because of their gender (as distinct from those aimed at protecting women’s reproductive and infant nursing roles) has always been and continues to be controversial" (paragraph 186).

While noting with interest that the Government has already ratified Convention No. 176, which contains modern standards focusing on risk assessment and risk management and providing for sufficient preventive and protective measures for all mineworkers, irrespective of gender, the Committee invites the Government to consider the possibility of denouncing Convention No. 45 to ensure that national laws are consistent with the international commitments made. In this respect, the Committee recalls that, according to established practice, the Convention will be next open to denunciation during a one-year period from 30 May 2007 to 30 May 2008. The Committee requests the Government to keep the Office informed of any decision taken in this regard.