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

Night Work (Women) Convention (Revised), 1948 (No. 89) - Bolivia (Plurinational State of) (Ratification: 1973)

Articles 2 and 3 of the Convention. Prohibition of night work for women. The Committee has been drawing the Government’s attention for several years to sections 46 and 60 of the General Labour Act which are not fully aligned with the requirements of the Convention, particularly the duration of the night period and the exemption possibilities with respect to the prohibition of night work for women. However, beyond the legislative conformity with the provisions of the Convention, the Committee has also been drawing attention to the fact that protective measures for female workers, such as blanket prohibitions or restrictions – as contrasted to special measures aimed at protecting women’s reproductive and maternal capacity – are increasingly subjected to extensive criticism as obsolete and unnecessary infringements of the fundamental principle of equality of opportunity and treatment between men and women. The Committee recalls in this connection that, should the Government decide in the context of preparing the new General Labour Act to remove all restrictions on women’s night work for reasons of equality between men and women and non discrimination in employment and occupation, it may wish to consider the ratification of the Night Work Convention, 1990 (No. 171), which is not devised as a gender-specific instrument and which focuses on the safety and health protection of all night workers irrespective of gender in all branches and occupations. In case the Government decides that the latter instrument better reflects the socio-economic needs of the country and corresponds more closely to the Government’s priorities in matters of women’s employment promotion, it will have to formally terminate its obligations under Convention No. 89 when the Convention will next be open to denunciation, as from 27 February 2021. The Committee accordingly requests the Government to keep the Office informed of any decision taken or envisaged concerning the possible ratification of Convention No. 171 and the eventual denunciation of Convention No. 89.