Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Peru

Medical Examination of Young Persons (Industry) Convention, 1946 (No. 77) (Ratification: 1962)
Medical Examination of Young Persons (Non-Industrial Occupations) Convention, 1946 (No. 78) (Ratification: 1962)

In order to provide an overview of matters relating to the application of the main 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 6 of Conventions Nos 77 and 78. 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 with interest that the Government’s regulations and the legislation, taken as a whole, ensured 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 or to have physical handicaps or limitations. It requested the Government to indicate the nature and scope of the measures taken by the Ministry of Labour and Social Welfare to ensure the vocational guidance and physical and vocational rehabilitation of the children and young persons concerned, as set out in Article 6(2) of Conventions Nos 77 and 78. Noting that the Government has not provided any information in relation to the previous comments, the Committee once again requests the Government to provide information on the measures taken by the Ministry of Labour and Social Welfare to ensure the vocational guidance and physical and vocational rehabilitation of the children and young persons concerned, as provided for by Article 6(2) of Conventions Nos 77 and 78.

Application in practice. In its previous comments, the Committee noted the Government’s indication that it had no statistical data on the number of children subject to medical examination requirements, as established by the Conventions. The Committee also noted that, in its concluding observations of March 2016, the United Nations Committee on the Rights of the Child expressed concern that the system of authorization and registry, which bases the authorization for children to work on a number of requirements, does not work effectively in practice (CRC/C/PER/CO/4-5, paragraph 65). The Committee previously requested the Government to take the necessary measures to make available statistical data on the number of working children and young persons who have been subject to medical examinations. The Committee also requested the Government to indicate the measures taken so that Ministerial resolution No. 312-2011/MINSA, approving the technical paper containing protocols relating to medical examinations and directives on compulsory diagnosis by activity, is applied in practice, thereby ensuring that children and young persons are subject to medical examinations prior to employment and periodically during employment. Lastly, the Committee requested the Government to indicate whether Supreme Decree No. 006-73-TR of 5 June 1973, which gives effect to most of the Articles of the Conventions concerned, was still in force. If not, the Committee requested the Government to indicate the legislation which replaced Decree No. 006-73-TR and which would now give effect to Conventions Nos 77 and 78.

The Committee notes the Government’s indication that the Ministry of Labour and Employment Promotion explains that the regulation replacing Supreme Decree No. 006-73-TR of 5 June 1973 may be found under section 55 of the Code for Children and Young Persons (Act No. 27337 of 2 August 2000): “Working young persons are subject to periodic medical examinations. For independent and domestic workers, the examinations will be free of charge and will be covered by the health service.”

The Committee notes, however, the lack of statistical data on the number of working children and young persons who have been subject to medical examinations provided for by the Convention. Once again recalling the importance of obtaining statistical data as a basis for assessing the application of the Conventions in practice, the Committee requests the Government to provide all available statistical data on the number of working children and young persons who have been subject to medical examinations. The Committee once again requests the Government to indicate the measures taken to give effect to Ministerial resolution No. 312-2011/MINSA in practice and thus ensure that children and young persons are effectively subject to medical examinations prior to employment and periodically during employment.