Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Paraguay

Medical Examination of Young Persons (Industry) Convention, 1946 (No. 77) (Ratification: 1966)
Medical Examination of Young Persons (Non-Industrial Occupations) Convention, 1946 (No. 78) (Ratification: 1966)

In order to provide an overview of all the issues related to the application of the ratified Conventions on the medical examination of young persons, the Committee considers it appropriate to examine Conventions Nos 77 and 78 in a single comment.

Article 4(1) and (2) of Conventions Nos 77 and 78. Medical re-examination for 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 national legislation into conformity with Article 4 of the Conventions.

In its report, the Government provides a considerable amount of information on the measures taken to reinforce the protection of children who work, namely through the Comprehensive National Health Plan for Children (2016–21) and the adoption of Resolution C.A. No. 099-022/16, approving the regulations making the employer responsible for obtaining a medical certificate. While noting this information, the Committee notes with regret that the Government still has not provided information on any measures taken to bring the legislation into conformity with the Convention. It is therefore bound to recall once again that section 121(b) of the Labour Code makes the employment of minors under 18 years of age subject to a number of conditions, including the obligation to present an annual physical and mental fitness certificate, issued by the competent authority. However, according to Article 4 of the Conventions, in occupations which involve high health risks, a medical examination and re-examinations for fitness for employment shall be required until at least the age of 21 years. It also recalls the need to determine the occupations or categories of occupations for which this examination shall be required. The Committee urges the Government to take the necessary measures to supplement its legislation in order to establish, for occupations involving high health risks, the compulsory nature of the examination for fitness for employment and of re-examinations until at least the age of 21 years. It also requests the Government to determine the occupations or categories of occupations for which such an examination is required.

Article 6(1) of Convention Nos 77 and 78. Measures for vocational guidance and physical and vocational rehabilitation of children and young persons found to be unsuited to work. The Committee takes due note of Act No. 5155/13 establishing the new Ministry of Labour, Employment and Social Security (MTESS). The Committee notes the Government’s indication that section 4(12) of the Act provides that the MTESS is the competent authority to develop and implement the special scheme applicable to workers with disabilities. The Committee also notes that, according to the Government, the National Vocational Promotion Service (SNPP) and the National Vocational Training and Further Training System (SINAFOCAL) provides free courses on access to employment for persons with disabilities. Furthermore, the Committee notes the many legal instruments which provide for the inclusion of persons with disabilities in the labour market, and particularly Act No. 3585/08 which establishes the requirement to integrate persons with disabilities into public institutions. Lastly, the Committee notes with interest the institutional cooperation agreement concluded in 2014 between the MTESS, the SNPP, the SINAFOCAL and the General Directorate for Employment, with the aim of achieving the effective inclusion of persons with disabilities in the labour market through training and integration.

Application of the Conventions in practice. The Committee notes the Government’s indication that the National Secretariat for the Rights of Persons with Disabilities has carried out numerous activities, including the collection of statistical data. However, the Committee notes that the Government has not provided any details on the statistics to which it refers. As, under section 55 of the Code of Children and Young Persons, the Municipal Council for the Rights of Children and Young Persons (CODENI) is required to produce a specific register of young workers, the Committee requests the Government to provide 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 Conventions, 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 Conventions in practice.