Social Security (Minimum Standards) Convention, 1952 (No. 102) - Paraguay (Ratification: 2021)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

The Committee notes the Government’s first report.

Part II (Medical care), Article 10(4) of the Convention. Encourage use of the health services. The Committee requests the Government to report on the measures adopted to encourage persons protected to avail themselves of the general health services placed at their disposal by the public authorities.

Part VI (Employment injury benefit), Articles 36(1) and (2), 37 and the Schedule attached to Part XI. Replacement rate. The Committee notes the Government’s indications concerning the various percentages that determine the retirement allowance in case of benefits deriving from employment injury, which are calculated by correlating the percentage of incapacity with the length of payment of contributions, according to the table contained in section 61 of Legislative Decree No. 1860/1950. Considering that the benefits provided for in Part VI of the Convention should be paid without the requirement of a qualifying period,the Committee requests the Government to provide information on measures taken to guarantee the minimum percentage of 50 per cent set out in the Schedule attached to Part XI of the Convention, without the requirement of a prior qualifying period.

Articles 36(1), 37 and the Schedule attached to Part XI. Beneficiaries in case of a breadwinner’s death. The Committee notes that, according to section 62 of Legislative Decree No. 1860/1950, in case of death arising from an occupational accident or disease, the widow or widower, in concurrence with the unmarried children below the age of majority, shall be entitled to a pension of 60 per cent of the amount of the pension that the deceased was receiving or would have received. That pension shall be divided in half, with one half going to the widow or widower and the other half to the aforementioned children in equal parts. In this context,the Committee requests the Government to indicate whether, in case of death arising from an occupational accident or disease, the widow or widower with two children is guaranteed to receive a minimum of 40 per cent of the reference wage.

Part IX (Invalidity benefit), Article 58. Duration of benefits. The Committee notes that under section 56 of Legislative Decree No. 1860/1950 the Social Welfare Institute (IPS) may cease payment of benefits to beneficiaries under 60 years of age who recover more than 50 per cent of their work capacity. The Committee recalls that, under Article 58 of the Convention, benefits shall be granted throughout the contingency. The Committee requests the Government to provide information on the measures that ensure payment of invalidity benefits throughout the contingency, in the case of beneficiaries under 60 years of age who have recovered more than 50 per cent of the work capacitybut retain a level of disability.

Part XIII (Common provisions), Article 70. Right of appeal. The Committee notes from section 13 of Legislative Decree No. 1860/1950 that the Governing Council of the Social Welfare Institute (IPS) is competent to judge insured persons’ appeals against penalties imposed by the President of the Institute. The Committee also notes the possibility provided for in section 58 of Legislative Decree No. 10810/1952, which enables a claimant who receives an unfavourable decision regarding a request for an invalidity benefit, to lodge an appeal before the Governing Council, requesting re-examination by a medical committee. Recalling that Article 70 of the Convention provides that every claimant shall have a right of appeal in case of refusal of the benefit or complaint as to its quality or quantity,the Committee requests the Government to provide information on the procedure in place that guarantees the right of appeal against unfavourable decisions in respect of all accepted Parts of the Convention.

Article 71. Financing the system. The Committee requests the Government to provide information on the application of this Article, including statistical data and calculations in respect of each accepted Part.

Article 72. Responsibility of the State. The Committee requests the Government to provide information concerning the legislative provisions and measures envisaged to ensure proper delivery of social security benefits in cases where the employer has not complied with the obligation to register workers and pay their contributions, including in the event of the employer’s bankruptcy.