Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

Medical Examination of Young Persons (Industry) Convention, 1946 (No. 77) - Paraguay (Ratification: 1966)

The Committee notes the Government’s report.

Article 4, paragraphs 1 and 2, of the Convention. Medical re-examination of fitness for employment until the age of 21 years. In its previous comments, the Committee reminded the Government that, apart from the general examination provided for by Articles 2 and 3 of the Convention, provision has to be made under Article 4 of the Convention, in respect of occupations which involve high health risks, for a medical examination of fitness for employment and for re-examination until at least the age of 21 years. It also reminded the Government that the national legislation must define the jobs or categories of jobs for which this examination of fitness is required. The Committee requested the Government to adopt the necessary measures to bring its national legislation into conformity with the Convention on this point.

While taking due note of the information supplied by the Government concerning the specific register of workers under the age of majority established by resolution No. 701 of 3 October 2006, the Committee observes that although this is a protective measure, it concerns only young persons between 14 and 18 years of age and does not meet the requirements of Article 4 of the Convention. The Committee therefore once again requests the Government to take the necessary measures to provide, in respect of occupations involving high health risks, for an examination of fitness for employment and for re-examination until at least the age of 21 years. It also requests the Government to define the occupations or categories of occupations in respect of which such an examination is required.

Article 6, paragraph 1. Measures for vocational guidance and physical and vocational rehabilitation of children and young persons declared unable to work. Noting the absence of information in the Government’s report, the Committee again requests it to take the necessary measures to provide for the physical and vocational rehabilitation of children and young persons found by medical examination to be unsuited to certain types of work or to have physical handicaps or limitations. It asks the Government to supply information in this regard.

Part V of the report form. Application of the Convention in practice. Referring to its previous comments, the Committee notes the Government’s information that no figures are available. The Committee hopes that, in view of the establishment of the specific register of young workers, the Government will be in a position to supply in its next report statistical data on the number of children and young persons who are working and who have undergone the medical examinations provided for by the Convention, extracts of inspection reports relating to infringements reported and penalties imposed, and also any other information concerning the application of the Convention in practice.