Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Workers with Family Responsibilities Convention, 1981 (No. 156) - Paraguay (Ratification: 2007)

Article 1(2) of the Convention. Scope of application. In its previous comments, the Committee noted the Government’s indication that the national legislation considers “dependent children” to be those under 18 years of age, and it requested the Government to indicate whether there were other provisions under which the Convention is applicable to other members of the immediate family of the worker who clearly need the worker’s care or support, as set out in Article 1(2) of the Convention. The Committee notes the Government’s indication in its report that the national legislation also applies to persons over 18 years of age affected by physical or mental disability. In this respect, the Government refers to section 262 of the Labour Code, which provides for the payment of family allowances “without age limits for [children] with total physical or mental disability”. The Government adds that fathers, mothers or legal representatives, who have responsibility for persons with disabilities or upon whom persons with disabilities are economically dependent, are protected by Act No. 4720, of 4 October 2012, establishing the National Secretariat for the Human Rights of Persons with Disabilities (SENADIS) (section 18). The Committee notes in particular that the Act provides that the SENADIS shall, among other measures, plan action to strengthen care and integration programmes for persons with disabilities.

Article 3. National policy. In its previous comments, the Committee requested the Government to continue providing information on the measures adopted or envisaged within the context of the national equality policy to enable persons with family responsibilities, men and women, who are engaged in or wish to be engaged in employment to exercise their right to do so without being subject to discrimination, and to indicate the impact of these measures on the application of the Convention. The Committee notes the reference by the Government to the Third National Plan for Equality of Opportunity for Men and Women (2008–17) and notes that the Plan envisaged, among other measures, the revision of the legislation and the formulation of proposals to promote the exercise of the rights and shared responsibilities of mothers and fathers in the family context (point 4.2). The Committee also notes the reference by the Government to the National Human Rights Plan, drawn up by the Human Rights Network of the executive authorities, which has entered its implementation phase with Decree No. 10747, of 6 March 2013, which provides, among priority strategies, for the promotion of action under the Convention. The Committee also notes that the Ministry of Women, in the report that was attached to the Government’s report, recognizes that the heavy burden of family responsibilities, as well as the lack of support for the reconciliation of work and family responsibilities, are the reasons for the persistence of inequalities in work to the prejudice of women. In this regard, the Committee also notes that, in its concluding observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) expressed concern at the inequitable distribution of domestic and care work between women and men (CEDAW/C/PRY/CO/7, 22 November 2017, paragraph 34). In this respect, the Committee wishes to emphasize the importance for the application of the principles of the Convention of measures which “promote widespread acceptance of the notion that the family is the concern of each individual, man and woman, and that society must enable all persons with dependants both to exercise their responsibilities and to participate fully in the labour force” (see 1993 General Survey, workers with family responsibilities, paragraph 90). The Committee therefore requests the Government to provide specific information on the measures adopted within the context of the National Plan for Equality of Opportunity for Men and Women and the National Human Rights Plan, and on any other measures adopted with a view to giving full effect to this Article of the Convention, and the results achieved.

Article 4. Equality in terms and conditions of employment. The Committee recalls that in its previous comments, it requested the Government to indicate: (i) the manner in which the measures adopted in relation to the intensive implementation of public investment works, to which it referred in its report, were related to the implementation of the Convention; and (ii) whether measures had been adopted or were envisaged to enable men and women workers with family responsibilities who are engaged in or wish to engage in employment to enjoy the same opportunities as other workers, without being subject to discrimination. The Committee notes the Government’s indication that: (1) the Ministry of Public Works has promoted various programmes with a gender perspective, such as the Programme for the Improvement, Management and Maintenance of the Road Network in Paraguay; and (2) Act No. 5508, of 28 October 2015, on the promotion of maternity and support for nursing mothers was adopted, which applies to the public and private sectors, and which among other measures: (i) extends maternity leave from twelve to 18 weeks (sections 11 and 13(a)), also in cases of adoption; (ii) also extends paternity leave from two days to two weeks (section 13(b)); and (iii) lengthens daily nursing breaks from 60 to 90 minutes (section 14). The Committee also notes that, according to the report of the Directorate for the Promotion of Working Women forwarded by the Government, that the Directorate, in collaboration with the General Directorate of Labour Inspection, has been monitoring the creation of nursing rooms by enterprises. Further, the Committee notes that specific information has not been provided on any measures adopted in the context of the public works programmes referred to by the Government to enable men and women workers with family responsibilities to have access to employment, taking into account their needs in relation to terms and conditions of employment and in social security. Under these conditions, the Committee requests the Government to continue providing information on the measures that have been adopted or are envisaged to enable men and women workers with family responsibilities who are engaged in or wish to be engaged in employment to enjoy the same opportunities as other workers, such as greater flexibility of working hours, part-time work, home work or leave of absence to care for children or another member of their immediate family who needs their care or support. Please also provide statistical data, disaggregated by gender, on the number of workers with family responsibilities who avail themselves of these measures.

Article 5. Services and facilities for the care of children and other family members. In its previous comments, the Committee requested the Government to continue providing information on any progress made in the creation of crèches, and on any other measures adopted to take into account the needs of workers with family responsibilities. The Committee notes the Government’s indication that the Directorate for the Promotion of Working Women is continuing to promote the opening of crèches in both the public and the private sectors, and provides advice on any requirements for their establishment. The Committee also notes that, according to the report by the Directorate forwarded with the Government’s report, plans include: (i) South–South cooperation with a view to learning from the experience of the implementation of the national system of care services in Uruguay; and (ii) the holding of a regional seminar on the Convention with a view to exchanging experience on its application and drawing up short-, medium- and long-term action, particularly in relation to care policies. The Committee further notes that, according to the report of the Ministry of Women, forwarded with the Government’s report, an analysis has been prepared of the situation with regard to care in public policies, with recommendations and action proposals for the development of policies on the subject. The Committee also notes that the National Plan of Action on the Rights of Persons with Disabilities (2015–30), referred to by the Government, envisages the revision of the regulations in force on the subsidy for families and residential care centres for girls, boys and young persons with disabilities (point 6.2), and the inclusion of care for adults with disabilities in existing social protection services (point 10.3). While noting all this information, the Committee encourages the Government to continue taking measures to give full effect to the provisions of the Convention and to provide information on any progress made in the adoption and implementation of care policies and the measures adopted or envisaged in this respect, including information on the assistance services introduced in accordance with the National Plan of Action on the Rights of Persons with Disabilities (2015–30).

Article 6. Appropriate measures to promote broader understanding of the principle of equality of opportunity and treatment for men and women workers and of the problems of workers with family responsibilities. The Committee notes that the Government refers to public information campaigns to promote the equitable sharing of family and domestic responsibilities between men and women, which were envisaged in the Third National Plan for Equality of Opportunity for Men and Women (2008–17). The Committee further notes the training and awareness-raising activities for judicial employees, university students, business and trade union leaders, among others, referred to by the Ministry of Women in its report. The Committee requests the Government to continue providing information on the awareness-raising and information measures adopted to promote broader public understanding of the principle of equality of opportunity and treatment for men and women workers and of the problems of workers with family responsibilities.

Article 7. Vocational guidance and training. While noting the information provided by the Government on the training courses provided by the National Vocational Support Service and the National Vocational Training and Skills System (SINAFOCAL), the Committee requests the Government to provide information on the specific vocational guidance and training measures adopted to ensure that workers with family responsibilities can become and remain integrated in the labour force, as well as re-enter it after an absence due to family responsibilities.

Article 9. Collective agreements. In its previous comments, the Committee requested the Government to indicate whether progress had been made in the application of the Convention through collective bargaining. The Committee notes the interest shown by trade unions in the establishment of childcare facilities in enterprises. The Committee requests the Government to provide information on any progress made in the application of the Convention through collective bargaining in such areas as the recognition of the right to parental leave in the case of adoption, special leave for illness or to care for children, leave to care for other family members or to promote greater flexibility in the length of leave, the establishment of childcare facilities in enterprises with an indication of the enterprises and sectors concerned. Please also provide copies of collective agreements.