Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Night Work (Women) Convention (Revised), 1948 (No. 89) - Paraguay (Ratification: 1966)

Article 3 of the Convention. Prohibition of night work of women. The Committee notes the Government’s report which affirms, on one hand, that Article 3 of the Convention is self-executing and has been incorporated into the national legal system by virtue of article 141 of the Constitution, and on the other, that the only limitation to women’s employment currently in force is that set out in section 130 of the Labour Code which seeks to protect pregnant women and breastfeeding mothers. In view of the apparent inconsistency between gender-specific restrictions such as that provided for in this Article of the Convention and the commitment to promote the principle of non-discrimination and equality of opportunity and treatment between men and women, the Committee in previous comments has invited the Government to give favourable consideration to the ratification of the Night Work Convention, 1990 (No. 171), which shifts the emphasis from a specific category of workers and sector of economic activity to the safety and health protection of all night workers. In this connection, the Committee recalls the Government’s earlier indication that it might consider the denunciation of the Convention in the near future as long as the consultations with employers’ and workers’ organizations would give support to the view that this Convention contains discriminatory provisions. The Committee therefore requests the Government to specify whether such consultations have already taken place, and if so, to elaborate on their outcome and any follow up action.

In addition, the Committee notes the priorities of the recently adopted Decent Work Country Programme, in particular the affirmation that despite the increasing participation of women in the labour market, strong gender inequalities persist (page 2) and also the commitment to improve compliance with international labour standards (page 6). In light of these considerations, the Committee once again requests the Government to take appropriate steps in order to align national law with practice as far as women’s access to night employment is concerned. The Committee recalls that the Convention will next be open to denunciation from 27 February 2011 to 27 February 2012, and would thank the Government for keeping the Office informed of any further developments concerning the possible denunciation of Convention No. 89 and the eventual ratification of Convention No. 171.