Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Medical Examination of Young Persons (Non-Industrial Occupations) Convention, 1946 (No. 78) - New Caledonia

Article 2(1) of the Convention. Medical examination. See under the Medical Examination of Young Persons (Industry) Convention, 1946 (No. 77).

Article 7(2)(a). Children engaged either on their own account or on account of their parents. In its previous comments, the Committee had noted that the national legislation included no specific provisions for the application of the system of medical examinations for fitness for employment to children and young persons engaged either on their own account or on account of their parents in itinerant trading or any other occupation carried out in the streets or in a public place.

The Committee notes with regret that, according to the Government’s report, no development has occurred or is envisaged in this area. The Committee reminds the Government once again that, pursuant to Article 7(2)(a) of the Convention, measures of identification should be adopted to ensure the application of system of medical examinations for fitness for employment to children and young persons engaged either on their own account or on account of their parents in itinerant trading or in any other occupation carried out in the streets or in places to which the public have access (the person concerned must, for instance, be in possession of a document mentioning the medical examination). Noting that it has been raising this issue for a number of years, the Committee urges the Government to take the necessary measures, as soon as possible, to determine the measures of identification to ensure the application of the system of medical examination for fitness for employment to children and young persons engaged either on their own account or on account of their parents in itinerant trading or in any other occupation carried in the streets or in a public place, as well as on other methods of monitoring applied to ensure a strict application of the Convention, in accordance with Article 7(2) of the Convention.