Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Medical Examination of Young Persons (Industry) Convention, 1946 (No. 77) - Peru (Ratification: 1962)

Article 6 of the Convention. Vocational guidance and physical and vocational rehabilitation of children and young persons found to be unsuited to work. In its previous comments, the Committee noted the information provided by the Government that there is a policy in the country to develop programmes which guarantee adequate standards of living for children and young persons, ensure that they receive the necessary protection when they are at risk and provide for their physical and mental rehabilitation. It noted that none of these programmes makes specific provision for measures to be taken for the vocational guidance and 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.

In its report, the Government indicates that section 1 of General Act No. 27050 respecting persons with disabilities provides that the objective of the law is to establish a legal regime of protection and care in relation to health, work, education, rehabilitation, social security and prevention so that persons with disabilities can develop and achieve social, economic and cultural integration. It adds that, under section 33 of Act No. 27050, as amended by Act No. 28164, the Ministry of Labour and Employment Promotion, in collaboration with the National Council for the Integration of Persons with Disabilities, supports measures for the development of work and special programmes for persons with disabilities. Under the terms of this provision, the executive, its decentralized bodies, state enterprises, regional governments and municipal authorities are under the obligation to employ a quota of 3 per cent of persons with disabilities. Furthermore, the Government refers to the establishment of a register of enterprises that are favourable to persons with disabilities and the establishment of a free medical certificate of incapacity. It also refers to the adoption of the Plan on Equality of Opportunities for Persons with Disabilities.

While taking due note of the detailed information provided by the Government, the Committee notes that it does not give effect to the Convention. Indeed, these measures are intended to implement a policy of the development and integration of persons with disabilities, especially through employment, but do not concern children and young persons found by medical examination to be unsuited to certain types of work or to have physical handicaps or limitations. In this respect, the Committee reminds the Government that, under the terms of Article 6, paragraph 1, of the Convention, the competent authority must take appropriate measures for the vocational guidance and physical and vocational rehabilitation of children and young persons found by medical examination to be unsuited to certain types of work. Under the terms of Article 6, paragraph 2, cooperation shall be established between the labour, health, educational and social services, and effective liaison shall be maintained between these services. In this respect, the Committee refers to Paragraphs 9 and 10 of Recommendation No. 79, which contains additional indications on the measures to be taken by the national authority for the implementation of this Article of the Convention. The Committee urges the Government to take the necessary measures for the vocational guidance and physical and vocational rehabilitation of children and young persons found by medical examination to be unsuited to certain types of work. It also requests the Government to provide information on the measures adopted or envisaged to establish cooperation between the labour, health, educational and social services concerned, and effective liaison between these services.

Part V of the report form. Application of the Convention in practice. The Committee requests the Government to provide information on the application of the Convention in practice. It notes that the Government’s report does not contain any information in this respect. The Committee notes that, in its concluding observations of March 2006 (CRC/C/PER/CO/3, paragraph 62), the Committee on the Rights of the Child expressed deep concern at the information that hundreds of thousands of children and adolescents are in the labour market, marginalized from education and victims of exploitation and abuse. The Committee on the Rights of the Child further noted with concern that legislative provisions protecting children from economic exploitation are often violated and that children are exposed to dangerous or degrading work. In view of the above, the Committee once again requests the Government to provide information on the application of the Convention in practice, including statistical data on the number of children and young persons engaged in work and who have undergone the medical examinations provided for in the Convention, extracts of the reports of the inspection services and information on the number and nature of the infringements reported.

Noting the absence of information in the Government’s report, the Committee once again requests it to confirm whether Supreme Decree No. 006‑73-TR of 5 June 1973 establishing measures which give effect to most of the Articles of the Convention, is still in force.