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

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

In order to provide an overview of the issues relating to the application of the main Conventions on the medical examination of children, 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 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, in accordance with Article 4 of Conventions Nos 77 and 78. It also requested the Government to define the occupations or categories of occupations for which such an examination is required.

The Committee notes in the Government’s report that the Ministry of Health and Social Welfare, in the first half of 2019, supervised the various stages of the proposed amendment to sections 259–270 of Part IV of Decree No. 14390/1.992 on compulsory regular medical examinations for admission to employment. On 15 July 2019, the proposed amendment, formulated by an inter-institutional round table, was communicated to trade union confederations such as the Single Confederation of Workers, the National Confederation of Workers and the Industrial Union of Paraguay, and the Social Insurance Institute.

The Committee also notes that the report of the Directorate of Comprehensive Healthcare for Children and Young Persons (DIRSINA) indicates that the National Health Plan for Young Persons (2016–21) is in force, as well as other protocols and instruments for the protection of the health of working children or young people under 18 years of age. The Directorate also reports that physical and mental health certificates for work are valid for everyone, including young people from 15 to 18 years of age. The Committee requests the Government to indicate whether the proposed amendment to Decree No. 14390/1.992 takes into account the compulsory nature of the examination for fitness for employment and of re examinations until at least the age of 21 years, in occupations which involve high health risks, in accordance with Article 4 of Conventions Nos 77 and 78. It once again requests the Government to determine the occupations or categories of occupations for which such an examination is required.

Article 6. Application of the Conventions in practice. The Committee noted previously that the National Secretariat for the Rights of Persons with Disabilities (SENADIS) had carried out numerous activities, including the collection of statistical data, but that the Government had not provided any details on the statistics to which it referred. The Committee requested the Government to provide information on the infringements reported by the labour inspectorate and the penalties applied, as well as any other information concerning the application of the Conventions in practice.

The Committee notes that the Government refers to Act No. 6292 of 16 April 2019, which declares a state of emergency for persons with disabilities and envisages taking specific action on their behalf, with reference to Act No. 4720/012 establishing SENADIS with a mandate to coordinate action for people with disabilities. Section 20 of Act No. 4720/012 provides that persons with disabilities must register with the national register of persons with disabilities once they have received certification, and obtain a card from SENADIS in accordance with the applicable regulations. Organizations, persons and institutions that fail to comply with or that abuse the provisions of this Act are liable to penalties.

The Committee duly notes that according to the Government, SENADIS issued decision No. 648/19 to establish the internal procedures for the issuance of a disability certificate and that it also issued several other decisions in 2019 (No. 649/2019, No. 659/2019, No. 650/2019 and No. 734/2019) to decentralize the issuance of work certificates for persons with disabilities. During the first half of 2019, SENADIS issued 2,673 work certificates for persons with disabilities. In June 2019, a total of 2,071 persons with disabilities were working in the public sector, of whom 1,376 were men and 695 women.

The Committee also notes the programme implemented by the Ministry of Labour, Employment and Social Security (MTESS), SENADIS and the non-governmental organization Plan International, the objective of which is to improve the socio-economic conditions of 8,000 young people of between 15 and 29 years of age living in rural areas. The programme focuses mainly on the right to education and decent work, in the departments of Caaguazú, Paraguarí, Guairá y San Pedro. The programme includes SAPE’A 2.0 (“open your eyes” in Guaraní), a project implemented by the Children and Young Persons Protection Directorate in cooperation with non-governmental organization Saraki, which provides training courses to young people with disabilities, in addition to the courses provided by the National Vocational Education and Training System (SINAFOCAL).

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

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.

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

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.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the Government’s report.

Article 4, paragraphs 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 reminded the Government that, apart from the general examination provided for by Articles 2 and 3 of the Convention, provision has to be made under Article 4 of the Convention, in respect of occupations which involve high health risks, for a medical examination of fitness for employment and for re-examination until at least the age of 21 years. It also reminded the Government that the national legislation must define the jobs or categories of jobs for which this examination of fitness is required. The Committee requested the Government to adopt the necessary measures to bring its national legislation into conformity with the Convention on this point.

While taking due note of the information supplied by the Government concerning the specific register of workers under the age of majority established by resolution No. 701 of 3 October 2006, the Committee observes that although this is a protective measure, it concerns only young persons between 14 and 18 years of age and does not meet the requirements of Article 4 of the Convention. The Committee therefore once again requests the Government to take the necessary measures to provide, in respect of occupations involving high health risks, for an examination of 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 in respect of which such an examination is required.

Article 6, paragraph 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. It asks the Government to supply information in this regard.

Part V of the report form. Application of the Convention in practice. Referring to its previous comments, the Committee notes the Government’s information that no figures are available. The Committee hopes that, in view of the establishment of the specific register of young workers, the Government will be in a position to supply in its next report statistical data on the number of children and young persons who are working and who have undergone the medical examinations provided for by the Convention, extracts of inspection reports relating to infringements reported and penalties imposed, and also any other information concerning the application of the Convention in practice.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information contained in the Government’s report. It notes in particular that the Directorate General for the Protection of Minors of the Ministry of Justice and Labour is promoting the reform of the national legislation in order to bring it into conformity with the Convention. The Committee hopes that the abovementioned reform will enable the national legislation to be brought into harmony with the Convention, and repeats its comments on the following points, to which it has been referring for many years.

Article 4, paragraphs 1 and 2, of the Convention. The Committee notes that, according to section 188(c) of the Labour Code, young persons under the age of 18 must undergo a yearly physical and mental fitness examination. The Committee recalls that, as it has already pointed out, as well as the general examination provided for in Articles 2 and 3 of the Convention, according to Article 4 of the Convention in occupations which involve high health risks medical examination and re examinations for fitness for employment must be required until the age of at least 21 years. According to the same Article, national laws or regulations must specify the occupations or categories of occupations in which such an examination shall be required. The Committee notes with concern that the draft Children and Young Persons Code contains no provision to give effect to this Article of the Convention. The Committee therefore urges the Government to take the necessary steps to ensure that the above draft provides that in occupations which involve high health risks for workers under the age of majority, the latter shall undergo a medical examination and re examinations for fitness for employment until at least the age of 21 years. Provision must also be made for the national legislation to specify the occupations or categories of occupations for which such examinations are to be required.

Article 6, paragraphs 1 and 2. The Committee notes that there are no vocational guidance and physical and vocational rehabilitation measures for young persons found by medical examination to be unsuited to certain types of work or to have physical handicaps or limitations. The Committee asks the Government to take appropriate steps to include in the Bill to amend the legislation the necessary provisions to give proper effect to this Article of the Convention.

Lastly, the Committee asks the Government to supply, in accordance with Part V of the report form, statistical data on the number of children and young persons who are employed and who have undergone the medical examinations provided for in the Convention, extracts of inspection reports relating to infringements reported and the sanctions imposed, together with any other information showing how the Convention is applied in practice.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes the information supplied by the Government in its report.

1. Article 4 of the Convention. In its previous comments on the preliminary draft of the new Labour Code prepared by the Paraguayan Institute of Labour, the Committee observed that the text includes no provision to give effect to this Article of the Convention.

Referring to section 275 of the Labour Code, adopted by Act No. 213 of 29 June 1993, the Committee observed that the employer must provide a periodical medical examination for each worker, and pay the cost, and that a regulation would determine the time and form for conducting periodical medical examinations which shall be relevant to the risks involved in the worker's occupation. The Committee hopes that the regulation in question will be adopted shortly and requests the Government to send it a copy.

2. Article 6, paragraphs 1 and 2. For a number of years the Committee has drawn the Government's attention to the need to adopt 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, or to have physical handicaps or limitations, and for cooperation between the labour, health, education and social services, in order to determine the nature and extent of such measures and to carry them out.

In its communication at the end of 1992, the Government stated that in order to partly resolve the problem it would be necessary to bring into force a ministerial resolution, the draft of which was attached to the communication. The Committee noted the text and indicated that it included provisions which could give effect to the two paragraphs cited of Article 6 of the Convention. Since no information has been given on the approval of this resolution, the Committee would be grateful if the Government would inform it whether the resolution in question has been adopted and supply a copy of the text.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

Article 6, paragraphs 1 and 2, of the Convention. In previous comments, the Committee has drawn the Government's attention to the need to adopt 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, or to have physical handicaps or limitations, and for cooperation between the labour, health, education and social services, in order to determine the nature and extent of such measures and to carry them out.

In its last report, the Government indicates that measures to ensure the formal application of the above-mentioned provisions of the Convention are included in the preliminary draft of the new Labour Code prepared by the Paraguayan Institute of Labour and that the above draft is now before the National Parliament.

The Committee notes the provisions on the medical examination of children and young persons contained in the above draft and observes that the latter includes no provision to give effect to Article 4 of the Convention under which, in occupations which involve high health risks medical examinations and re-examinations for fitness for employment shall be required until at least the age of 21 years.

The Committee hopes that the Government will take the necessary measures to ensure that the new Code takes into account the provision contained in Article 4 of the Convention and that it will provide a copy of the Code as soon as it has been adopted.

Direct Request (CEACR) - adopted 1988, published 75th ILC session (1988)

Article 6, paragraphs 1 and 2, of the Convention. With reference to its previous comment, the Committee notes from the information supplied in the Government's report that appropriate measures have not yet been adopted to ensure the formal application of these provisions of the Convention which provides for: (a) 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; and (b) co-operation between the labour, health, educational and social services in order to determine the nature and extent of such measures and to carry them out.

The Committee draws attention to the type of measures liable to give effect to this Article of the Convention as enumerated in paragraph 9 of Recommendation No. 79 (medical treatment, adapted vocational instruction or education, financial aid). It trusts that suitable provisions will be adopted in the near future and requests the Government to report them immediately to the Office.