Maternity Protection Convention (Revised), 1952 (No. 103) - Chile (Ratification: 1994)

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes with regret that the Government’s report does not contain information in reply to its previous comments. The Committee therefore refers to its previous comments and once again addresses the following requests to the Government.

Article 4(3) of the Convention. Medical benefits. The Committee requests the Government to take the necessary measures to ensure the provision of medical benefits, including care during confinement, free-of-charge, and the freedom of choice of doctor and medical establishment, irrespective of income level or State contribution, for women in groups B (persons receiving the minimum wage), C and D (persons receiving income higher than the minimum wage).

Article 4(5). Social assistance benefits. The Committee requests the Government to adopt the necessary measures to ensure the provision of maternity benefits to women who fail to meet the conditions for eligibility set out in section 4 of Legislative Decree No. 44 of 1978, which specifies the requirement of six months contributions for eligibility for maternity benefits. For that purpose, the Committee invites the Government to consider the possibility of extending the coverage of the family subsidy and SUF Maternal benefits to these women, and requests the Government to provide information in this regard.

[The Government is asked to reply in full to the present comments in 2025.]

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes the amendments to the Labour Code that strengthen maternity protection and include postnatal parental leave and the extension of postnatal leave in the event of premature or multiple birth.

Article 4(3) of the Convention. Medical benefits. The Committee notes that Resolution No. 1717 of 1985 still provides for free medical benefits for persons with no income or formal work, persons receiving a subsidy from the State, pregnant women and children up to 6 years of age (group A) and persons receiving a minimum wage (group B). Persons who receive an income higher than the minimum wage (groups C and D) have co-payments of 10 and 20 per cent for medical care related to childbirth. On the matter of free choice of physician and medical care establishment, the Committee notes that this exists for groups B, C and D provided that the State’s contribution is no greater than 75 per cent. The Committee requests the Government to study the situation of women in groups B, C and D to ensure that the medical benefits specified in Article 3 of the Convention.

Article 4(5). Social assistance benefits. The Committee requests the Government to reply to its previous comments in which it noted that no benefits out of social assistance are payable, subject to a means test, to women who do not fulfil affiliation requirements set in section 4 of Decree with Force of Law No. 4 of 1978 and are therefore not eligible for cash benefits.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 4, paragraph 3, of the Convention. Medical benefits. In reply to the Committee’s previous comments, the Government states that section 139 of Ministry of Health “Decree with Force of Law” No. 1 of 2005 (DFL) to “revise, coordinate and systematize” Legislative Decree No. 2.763 of 1979 and Acts Nos 18.933 and 18.469, requires the State to ensure that care is free from the onset of pregnancy until the sixth month following the birth of the child, and for newborn children until the sixth year of their lives. The Committee notes that what section 139 actually provides is that all pregnant women, during pregnancy and until the sixth month following the birth of the child, are entitled to care including medical checks during pregnancy and following confinement (subsection 1); and that newborn children likewise have this entitlement until the sixth year of their lives (subsection 2). Subsection 3 provides that care during confinement is included in the medical assistance laid down in section 138(b) of DFL No. 1, which specifies that curative medical assistance includes consultations, diagnostical and surgical examinations and procedures, hospitalization, obstetric care and treatment including the medicines specified in the national form and the other health care and measures. With regard to the costs of these benefits, the Committee notes that section 145 of DFL No. 1 provides that the care established in subsections 1 and 2 of section 139 is free, whereas the care during confinement laid down in subsection 3 of section 139 (including hospitalization) is charged for. It also notes that under sections 158, 159, 160 and 161, the State’s participation in medical costs during confinement has been maintained in respect of beneficiaries whose income exceeds a certain amount (categories C and D). Consequently, some women workers remain under the obligation to share in the cost of medical care received during confinement as laid down in subsection 3 of section 139. The Committee would remind the Government in this connection that, as it has been pointing out for several years, the Convention guarantees ipso jure, for all women within its scope fulfilling the requirements, free medical benefits (prenatal care, care during confinement, postnatal care and hospitalization where necessary). It notes with regret that the Government has failed to take the opportunity to adopt regulations to this effect in order to bring its legislation into conformity with this provision of the Convention. It draws the Government’s attention to the need to fulfil the international obligations assumed by Chile by providing in the national legislation for free medical benefits for maternity. The Committee requests the Government to provide information on progress made in this connection in its next report. Please also indicate whether Ministry of Health Resolution No. 1717 of 1985, referred to by the Government in its 2004 report, is still in force and, if so, provide a copy of it.

The Committee notes that the Government’s report does not contain the information that the Committee requested previously regarding freedom of choice of doctor and hospital. The Committee requests the Government to specify in its next report whether, in the context of DFL No. 1, insured persons have freedom of choice of doctor and between a public or a private hospital, in accordance with this provision of the Convention, and to specify the relevant legislative and regulatory provisions.

Article 4, paragraph 5. Assistance benefits. The Committee notes with regret that the Government’s report does not answer its previous comment that no benefits out of social assistance funds are payable, subject to the means test, to women who do not fulfil the affiliation requirements set in section 4 of Decree with Force of Law No. 4 of 1978 and so are not eligible for cash benefits. The Committee accordingly hopes that in its next report, the Government will indicate the measures taken or envisaged to give full effect to this provision of the Convention.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the information supplied by the Government in its report. It notes with interest that Act No. 19.591 of 1998 has extended to domestic workers (trabajadoras de casa particular) the protection against dismissal laid down by the Labour Code applicable during pregnancy and until expiry of a period of one year from the end of maternity leave. The Committee also notes with interest the Government’s indication that, in 2003, the Contraloría General de la República considered that the rules of the Labour Code concerning maternity protection are applicable to all women employed in state service, regardless of the statutory system to which they are affiliated.

The Committee wishes to draw the Government’s attention to the following points.

Article 4, paragraph 3, of the Convention. In its previous comments, the Committee observed that section 30, paragraphs 2 and 4, of Act No. 18.469 of 1985 does not provide full application of this provision of the Convention. In fact, section 30 establishes the State’s participation rate in the cost of medical care during confinement at 75 per cent for beneficiaries whose income exceeds a certain amount (categories C and D), whereas the Convention guarantees ipso jure, for all women within its scope fulfilling the required conditions, free medical benefits including prenatal, confinement and postnatal care. In its latest report, the Government states that Ministry of Health resolution No. 1.717 of 1985, as modified, has increased the percentage financed by the State for categories C and D to 90 and 80 per cent respectively. While noting this information with interest, the Committee is bound to urge the Government to re-examine the matter in order to ensure, in conformity with the Convention, that free medical benefits for confinement are available to all women within its scope, regardless of their income level. The Committee also requests the Government to supply with its next report a copy of resolution No. 1.717 referred to above.

Furthermore, the Committee notes the Government’s indication that an insured person who opts for the institutional system chooses to receive care in the public health system establishments. The Committee understands, in the light of this information, that in the public system insured persons have freedom of choice of doctor and hospital among those affiliated to the system. The Committee requests the Government to specify in its next report if this is in fact the case and to indicate the relevant legislation or regulations. The Committee recalls that the purpose of this provision of the Convention is to guarantee, inter alia, the principle of freedom of choice of the doctor and medical establishment by insured persons.

Article 4, paragraph 5. The Committee notes the Government’s indication that there are no assistance benefits in cash for women who fail to qualify as a matter of right for cash benefits (section 4 of DFL No. 44 of 1978). The Committee recalls that under this provision of the Convention, women who fail to qualify for benefits as a matter of right shall be entitled to adequate benefits out of social assistance funds, subject to the means test required for social assistance. The Committee therefore once again requests the Government to indicate the measures taken or envisaged to ensure the application of this provision of the Convention for women who, since they do not fulfil the requirement of six months’ affiliation and of three months’ contributions during the prescribed period, are not entitled to cash benefits.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

The Committee hopes that in its next report the Government will provide information on the application of Article 4, paragraphs 3 and 5, of the Convention and it requests it in this respect to refer to the observation that it made in 1997.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes that the Government’s report contains no reply to previous comments. It must therefore repeat its previous observation which read as follows:

The Committee hopes that in its next report the Government will provide information on the application of Article 4, paragraphs 3 and 5, of the Convention and it requests it in this respect to refer to the observation that it made in 1997.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

[The Government is asked to reply in detail to the present comments in 2004.]

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the detailed information provided by the Government in reply to the comments of the Federation of Postal Workers of Chile, which were forwarded to it in September 2001. However, the Committee notes that the Government’s report has not been received. It hopes that in its next report the Government will provide information on the application of Article 4, paragraphs 3 and 5, of the Convention, and it requests it in this respect to refer to the observation that it made in 1997.

[The Government is asked to reply in detail to the present comments in 2003.]

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

The Committee notes the comments of the Federation of Postal Workers of Chile denouncing the situation of several women workers who it alleges were dismissed during their maternity leave. These comments were brought to the Government’s attention by a communication dated 24 September 2001. The Committee hopes that the Government will provide information in its next report on this matter.

The Committee also requests the Government to refer to the observation that it made in 1997 concerning the application of Article 4, paragraphs 3 and 5, of the Convention.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes the information provided by the Government in its first report. It draws the attention of the Government and requests it to supply additional information on the following points.

Article 4, paragraph 3. As the Committee had occasion to emphasize within the framework of the application of Convention No. 3, section 30, paragraphs 2 and 4, of Act No. 18.469 of 1985 fixing state participation in the cost of medical care during confinement for beneficiaries whose income exceeds a certain amount (categories C and D) at a minimum of 75 per cent, does not enable this provision of the Convention to be fully applied. The Committee recalls that the Convention guarantees ipso jure, for all women within its scope fulfilling the required conditions, free medical benefits including prenatal, confinement and postnatal care. Consequently, the Committee hopes that the Government will take the necessary measures to increase state participation in the cost of medical care during confinement for women belonging to categories C and D to 100 per cent.

In addition, the Committee would be grateful if the Government would indicate the extent to which a doctor and a medical establishment may be freely chosen, taking into account the provisions of section 11, paragraph 3, of Act No. 18.469 referred to above.

Article 4, paragraph 5. Please indicate the measures taken or envisaged to ensure the application of this provision of the Convention for women who, since they do not fulfil the condition of affiliation of six months and of three months of contributions during the prescribed period, are not entitled to financial benefits (section 4 of DFL No. 44 of 1978). In particular, the Committee would be grateful if the Government would specify the rates of all assistance benefits which may be paid to them and the relevant legislative provisions.