Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

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 concerning legislation and programmes intended to implement a policy of the development and integration of persons with disabilities, especially through employment. It noted that these measures did 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, and requested the Government to provide information in this regard.

The Committee notes the detailed statistical information provided by the Government in its report as regards the number of persons declared incapable of working, which total 3.5 million citizens (13.08 per cent of the country’s population) and of which 56.7 per cent are part of the working-age population. The Committee also notes the Government’s information as regards the legislative instruments that regulate the treatment and assistance provided to persons with disabilities. Yet it is unclear whether these laws also 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 recalls that, by virtue of Article 6(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(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 also again 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 requests the Government to indicate whether the legislative instruments that regulate the treatment and assistance to be provided to persons with disabilities include measures for vocational guidance and physical and vocational rehabilitation and cover children and young persons found by medical examination to be unsuited for 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 previously noted the concluding observations of March 2006 of the Committee on the Rights of the Child (CRC) expressing deep concern at the hundreds of thousands of children and adolescents in the labour market, marginalized from education and victims of exploitation and abuse. The CRC also noted with concern that legislative provisions protecting children from economic exploitation were often violated and that children were exposed to dangerous or degrading work (CRC/C/PER/CO/3, paragraph 62). In these circumstances, the Committee requested the Government to provide information on the application of the Convention in practice.

The Committee notes in this regard Ministerial Resolution No. 723 2009/MINSA approving the technical document on the role of the health sector in the prevention and eradication of child labour in Peru, as well as Ministerial Resolution No. 312-2011/MINSA approving the technical document containing the protocols for occupational medical examinations and mandatory diagnostic guidelines by activity. The Committee also notes the statistics reported by the labour inspectorate for 2007–12 of inspections carried out in the field of child labour in industries (comprising industries, mining, construction and transport).

Noting the absence of 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 on this point in the Government’s report, the Committee once again requests the Government to provide this information. Noting that the abovementioned statistics of the labour inspectorate do not specify the types of breaches concerning the safety and health protection of minors committed in the various industries, the Committee requests the Government to continue to provide extracts of the reports of the inspection services, including data on the number and nature of the offences reported and the penalties applied.

Noting once again the absence of information in the Government’s report, the Committee reiterates its request to the Government 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.