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

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

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.

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

In order to provide an overview of the issues concerning 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 the information provided by the Government concerning legislation and programmes aimed at implementing a policy for the development and integration of persons with disabilities, particularly through employment. The Committee also noted the legislation regulating the care and assistance provided to persons with disabilities. The Committee requested the Government to indicate whether this legislation also covered children and young persons found by medical examination to be unsuited to certain types of work or to have physical disabilities or limitations.

The Committee notes that, in response to its previous comments, the Government indicates in its report, that section 58 of the Regulations of the General Act on persons with disabilities provides that vocational guidance and rehabilitation services, provided by the Ministry of Labour and Social Welfare, shall be available to persons with disabilities irrespective of their age, gender or economic situation, including children. It also notes the Government’s indication that section 21 of the Code for Children and Young Persons establishes that when children are ill, have physical or mental limitations, or disabilities, they will receive treatment and rehabilitation, thus enabling them to participate in their community to the best of their capacity. The Committee also notes that section 23 provides that children and young persons with disabilities shall have equal opportunities for access to vocational training. The Committee notes with interest that these regulations and legislative texts, taken as a whole, guarantee 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 disabilities or limitations. The Committee requests 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.

Application in practice. The Committee previously noted Ministerial Resolution No. 723-2009/MINSA approving the technical document on the role of the health sector in the prevention and eradication of child labour in Peru, as well as Ministerial Resolution No. 312-2011/MINSA approving the technical document containing the protocols for medical examinations and mandatory diagnostic guidelines by activity.

The Committee notes the labour inspection statistics provided by the Government on offences relating to the employment of children under the age of 18 years. However, the Committee notes the Government’s indication that it has no statistical data on the number of children subject to medical examination requirements, as established in the Conventions. The Committee also notes that, in its concluding observations of March 2016, the Committee on the Rights of the Child expressed concern at the fact that the authorization and registration system, under which the authorization for children to work is subject to a certain number of rules, does not function adequately in practice (CRC/C/PER/CO/4-5, paragraph 65). 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 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. It requests the Government to provide information in this regard. The Committee also requests the Government to indicate the measures taken to give effect in practice to Ministerial Resolution No. 312-2011/MINSA and thus ensure that children and young persons are subject to medical examinations prior to employment and periodically during employment.

Recalling that Supreme Decree No. 006-73-TR of 5 June 1973 gives effect to most of the Articles of the Conventions concerned, and noting once again the absence of information in the Government’s report, the Committee reiterates its request for the Government to confirm whether the Supreme Decree is still in force. If not, the Committee requests the Government to indicate the legislation which replaced Decree No. 006-73-TR and which now gives effect to Conventions Nos 77 and 78.

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

With regard to Article 6 of the Convention and Part V of the report form, the Committee requests the Government to refer to the comments made under Convention No. 77.

Article 7(2). Supervision of the enforcement of the system of medical examination for fitness for employment of children engaged either on their own account or on account of their parents. In its previous comments, the Committee requested the Government to take the necessary measures to supervise the application of the system of medical examinations for children and young persons, engaged either on their own account or on account of their parents, in itinerant trading or in any other occupation carried on in the streets, or in places to which the public have access. In this regard, the Committee also referred to the concluding observations of March 2006 of the Committee on the Rights of the Child expressing concern at the high number of street children, mostly due to socio-economic factors (CRC/C/PER/CO/3, paragraph 65).

The Committee notes with interest section 55 of the Code of Children and Young Persons which provides that young workers are periodically subjected to medical examinations and that these examinations are free of charge for independent and domestic workers and are provided for by the health sector. The Committee further notes that Supreme Decree No. 003-2010-MIMDES determines the types of works and activities which are dangerous or harmful for the health and morals of young persons. It notes that a number of the activities enumerated in the Decree, either because of their nature or the conditions of work, concern occupations carried out in the streets or in places to which the public have access.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

With regard to Article 6 of the Convention and Part V of the report form, the Committee requests the Government to refer to the comments made under Convention No. 77.

Article 7, paragraph 2. Supervision of the enforcement of the system of medical examination for fitness for employment of children engaged either on their own account or on account of their parents. In its previous comments, the Committee noted that the Code of Children and Young Persons does not contain provisions respecting the identification measures necessary to supervise the implementation of the system of medical examinations for fitness for employment of young persons who, either on their own account or on account of their parents, are engaged in itinerant trading or any other occupation carried on in the streets or in places to which the public have access. It requested the Government to indicate the provisions of the national legislation envisaging the identification measures necessary to supervise the application of the system of medical examinations for young persons, and thereby guaranteeing the application of the Convention.

The Committee notes that, in its concluding observations of March 2006 (CRC/C/PER/CO/3, paragraph 65), the Committee on the Rights of the Child expressed appreciation of the programme Educadores de Calle, a programme which seeks to save children and young persons who live and work in the streets and who are exposed to exploitation, especially of an economic nature. The Committee on the Rights of the Child however expressed concern at the high number of street children, mostly due to socio-economic factors, as well as at abuse and violence in the family. The Committee once again reminds the Government that, under Article 7, paragraph 2(a), of the Convention, measures of identification have to be adopted to ensure the application of the system of medical examination for fitness for employment to children and young persons engaged either on their own account or account of their parents in itinerant trading or in any other occupation carried on in the streets or in places to which the public have access (for example, the person concerned should be in possession of a document referring to the medical examination). The Committee accordingly requests the Government to take the necessary measures in the very near future to ensure supervision of the application of the system of medical examination for fitness to children and young persons engaged either on their own account or on account of their parents in itinerant trading or in any other occupation carried on in the streets or in places to which the public have access, in accordance with Article 7, paragraph 2(a), of the Convention.

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

The Committee notes that the information supplied by the Government on the impact that the earthquake which took place last August in its country has had on its capacity to submit its reports. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 6 of the Convention. The Committee refers to its comments under Convention No. 77.

Article 7, paragraph 2. The Committee noted that none of the sections of the new Code on Children and Young Persons approved in 2000 contains a reply to the questions raised in its 1995 direct request concerning the measures of identification to be adopted for ensuring the application of the system of medical examination for fitness for employment of young people engaged either on their own account or on account of their parents in itinerant trading or any other occupation carried out in the streets or in places to which the public have access.

The Committee again asks the Government to indicate the provisions laying down the measures of identification to supervise application of the system of medical examination for young people pursuant to this Article, thus guaranteeing application of the Convention.

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

The Committee notes the information provided by the Government in its latest report.

Article 6 of the Convention. The Committee refers to its comments under Convention No. 77.

Article 7, paragraph 2. The Committee notes that none of the sections of the new Code on Children and Young Persons approved in 2000 contains a reply to the questions raised in its 1995 direct request concerning the measures of identification to be adopted for ensuring the application of the system of medical examination for fitness for employment of young people engaged either on their own account or on account of their parents in itinerant trading or any other occupation carried out in the streets or in places to which the public have access.

The Committee again asks the Government to indicate the provisions laying down the measures of identification to supervise application of the system of medical examination for young people pursuant to this Article, thus guaranteeing application of the Convention.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

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

Article 6 of the Convention. The Committee refers to its comments under Convention No. 77.

Article 7, paragraph 2(a). The Committee notes that no information has been provided in answer to the questions raised in its 1993 direct request, concerning the measures of identification to be adopted for ensuring the application of the system of medical examination for fitness for employment of young people engaged either on their own account or on account of their parents in itinerant training or any other occupation carried out in the streets or in places to which the public have access. The Committee again asks the Government to indicate the provisions laying down such measures or other methods of control and supervision in order to ensure the application of the present Convention.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

Article 7(2)(a) of the Convention. The Committee notes with interest that the Children's and Adolescents' Code promulgated on 28 December 1992 includes in its scope young persons who work on their own account or independently (section 51) and that young persons engaged in itinerant trading are covered by the laws and regulations in force regarding this economic activity (section 66).

In earlier comments, the Committee noted that the necessary measures of identification had not yet been adopted for ensuring the application of the system of medical examination for fitness for employment to minors engaged on their own account or on account of their parents, in itinerant trading or in any other occupation carried out in the streets or in public places.

The Committee requests the Government to indicate the statutory provisions applying to itinerant trading as regards the system of medical examination and to supply information on the measures taken or envisaged to determine the special measures of control and supervision called for in Article 7(2) of the Convention.

Article 6. The Committee refers to the comments made concerning Convention No. 77.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters which were raised in its previous direct request.

Article 6 of the Convention. See the comments under Article 6 of Convention No. 77, as follows:

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters which were raised in its previous direct request.

Article 6 of the Convention. Further to its previous comments, the Committee noted, following the information supplied by the Government in its report received in 1989, the efforts made concerning the vocational guidance and the physical and vocational rehabilitation of the disabled, and particularly of minors. It referred in this connection, to its comments on the application of Convention No. 159.

The Committee also noted the action taken by the Government to accelerate the procedure for the adoption of the draft revision of the Children's Code by the legislative chambers. It trusts that it will be possible to adopt this Code in the near future and that the Code will determine the nature and extent of the appropriate measures that are to be taken 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. The Committee hopes that in its next report the Government will be able to supply replies to the questions that have been raised for several years.

Article 7, paragraph 2. The Committee noted the information according to which the draft revision of the Children's Code was to enshrine the principle of compulsory medical examination for all categories of activity without exception, including itinerant trading and occupations carried on in the streets. It noted that it is also intended that supervisory procedures will be established by the Ministries and municipal councils concerned. The Committee trusts that the process of revising the Children's Code, to which reference is made in the comments concerning Article 6, will be rapidly completed and that the new text will extend medical examination to the categories concerned and will determine the special supervisory measures set out in Article 7, paragraph 2. It hopes that the Government will be in a position to supply in its next report the replies that are awaited to the questions that have been raised for several years.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

Article 6 of the Convention. See the comments under Article 6 of Convention No. 77, as follows:

Article 6 of the Convention. Further to its previous comments, the Committee notes the information supplied by the Government in its latest report. It notes in particular the efforts made concerning the vocational guidance and the physical and vocational rehabilitation of the disabled, and particularly of minors. It refers in this connection, to its comments on the application of Convention No. 159.

Article 7, paragraph 2. The Committee notes the information according to which the draft revision of the Children's Code was to enshrine the principle of compulsory medical examination for all categories of activity without exception, including itinerant trading and occupations carried on in the streets. It notes that it is also intended that supervisory procedures will be established by the Ministries and municipal councils concerned. The Committee trusts that the process of revising the Children's Code, to which reference is made in the comments concerning Article 6, will be rapidly completed and that the new text will extend medical examination to the categories concerned and will determine the special supervisory measures set out in Article 7, paragraph 2. It hopes that the Government will be in a position to supply in its next report the replies that are awaited to the questions that have been raised for several years.