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

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

Article 4(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 requested the Government to take the necessary measures to bring the legislation into conformity with Article 4 of the Convention, under which provision has to be made for a medical examination of fitness for employment and for periodical re-examination until at least the age of 21 years, in the case of occupations involving high health risks. It also stressed the need to define the occupations or categories of occupations for which such an examination is required.

In its report, the Government provides a considerable amount of information on the measures taken to strengthen the protection of children who work, especially by adopting the National Strategy for the Prevention and Elimination of Child Labour and Protection of the Work of Young People (2010–15) and by consolidating institutional coordination for handling complaints and recording abuse with respect to work carried out by children under 18 years of age. While noting this information, the Committee observes that the Government does not provide information on any measures it might have taken to bring the legislation in conformity with the Convention. It recalls that section 121(b) of the Labour Code subjects the employment of minors under 18 years to a number of conditions, including the obligation to present a yearly physical and mental fitness certificate established by the competent authority. The Committee therefore requests the Government once again to take the necessary measures to supplement its legislation to ensure, in respect of occupations involving high health risks, the compulsory nature of the examination for 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 for which such an examination is required.

Article 6(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, and to supply information in this respect.

Part V of the report form. Application of the Convention in practice. Given that under section 55 of the Children’s and Young Persons’ Code, the Municipal Council for the Rights of Children and Young Persons (CODENI) is bound to establish a specific register of young workers, the Committee hopes that the Government will be in a position to supply, in its next report, statistical data on the number of children and young persons working in the industrial sector, the number of those who have undergone the medical examinations provided for under the Convention, information on the infringements reported by the Labour Inspectorate in this area and the penalties imposed, as well as any other information concerning the application of the Convention in practice.