Solicitud directa (CEACR) - Adopción: 2017, Publicación: 107ª reunión CIT (2018)

Perú

Convenio sobre el examen médico de los menores (industria), 1946 (núm. 77) (Ratificación : 1962)
Convenio sobre el examen médico de los menores (trabajos no industriales), 1946 (núm. 78) (Ratificación : 1962)

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.