Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

Domestic Workers Convention, 2011 (No. 189) - Paraguay (Ratification: 2013)

The Committee notes the observations of the Central Confederation of Workers Authentic (CUT-A), received on 27 August 2021. It further notes the observations made jointly by three domestic worker trade unions: the Union of Women Domestic Workers of Paraguay – Legitimate (SINTRADOP-L); the Union of Women Workers in Domestic Service of Paraguay (SINTRADESPY); and the Union of Women and Men Domestic and Allied Workers of Itapúa (SINTRADI), received on 31 August 2021. The Committee notes the Government’s indication that by letter dated 29 July 2021 the Directorate for the Promotion of Working Women of the Ministry of Labour, Employment and Social Security (MTESS), provided responses to the latter observations. Noting however that this communication was not appended to the Government’s report, the Committee requests the Government to provide its comments in this respect.

Articles 3(2)(b) and (c), and 4 of the Convention. Forced labour. Abolition of child labour. Criadazgo. Once again, the Committee recalls that for more than a decade, in its comments concerning the application of the Worst Forms of Child Labour Convention, 1999 (No. 182), it has been requesting the Government to intensify its efforts to eradicate and criminalize situations of child domestic servitude under the criadazgo system. It further recalls that a number of United Nations human rights bodies have also drawn the attention of the Government to the need to prevent and eliminate this practice. In her 2018 report, the United Nations Special Rapporteur on contemporary forms of slavery, their causes and consequences, noted that, in situations of criadazgo, children (usually girls) between 10 and 17 years of age from poor rural families are sent by their parents to live with a family in an urban area, ostensibly to have access to food, board and education. However, once in the household, the child is required to perform domestic work services for the family in conditions of domestic servitude (A/HRC/39/52/Add.1, 20 July 2018, paragraph 37). The Committee notes the Government’s indication that child domestic work is prohibited under national legislation, referring to section 5 of the Domestic Work Law, No. 5.407/15, which sets the minimum legal age of admission to domestic work at 18. The Government also refers to section 2 of Decree No. 4951/05, which includes child domestic work and criadazgo on the list of hazardous work considered to be among the worst forms of child labour. The Committee further notes the Government’s reference to the provisions of Act No. 4788/212 on Trafficking in Persons, under which a number of cases of criadazgo have been tried as trafficking offences. The Committee notes the information provided by the Government concerning measures taken to eliminate the practice of criadazgo, including the development of a protocol and awareness-raising campaigns and workshops against the practice, such as “No to Criadazgo, Respect my Rights” (No al criadazgo, respeta mis derechos) and “Criadazgo is not Usual Practice” (Criadazgo no es normal), as well as the inclusion of criadazgo in the National Policy for Children and Adolescents 2014–2024. Recalling previous information provided by the Government concerning the development of a Bill criminalizing criadazgo, the Committee notes the information provided by the Government to the United Nations Committee on the Rights of the Child in 2022 concerning the development of a legislative Bill which would amend the Code on Children and Adolescents to define and criminalize the practice, enabling prosecution and punishment of offenders (CRC/C/PRY/4-6, 14 December 2022, paragraph 155). In this regard, the Committee notes that, according to information available on the website of the Chamber of Deputies, on 26 November 2024, the Chamber of Deputies gave preliminary approval to the Bill which guarantees the right of children and adolescents to protection against criadazgo and is currently pending before the Senate.

The Committee further notes the information provided by the Government in relation to the development and delivery of capacity-building courses and workshops on Strategies for the Prevention of Child Labour, which address criadazgo and in which over 1,450 persons attended, and a course for counsellors of the Municipal Advisory on Children and Adolescents (CODENI) in the Central Department on how to detect and address cases of criadazgo. In coordination with the Supreme Court, the Ministry of Labour, Employment and Social Security (MTESS) has provided training on child labour to family court and labour judges. The 2021 campaign for the International Year for the Elimination of Child Labour and Protection against Adolescent Labour included awareness campaigns against child domestic labour. The Government also refers to the campaign “Paraguay Without Child Labour”, which seeks to raise awareness of the 26 worst forms of child labour, including criadazgo. In addition, the Government notes the decentralization of work on the National Strategy for the Elimination of Child Labour 2019–2024, leading to the establishment of four Commissions on the Elimination of Child Labour, in the Departments of Cordillera, Concepción, Itapúa and Boquerón, as well as the adoption of MTESS Resolution No. 217/221, which establishes shorter deadlines in investigations into situations of child labour. The Government does not, however, provide information on the numbers of cases of criadazgo detected and penalties imposed. The Committee notes the observations of the CUT-A indicating that, despite the prohibition against employing minors under the age of 18 in domestic work, the Government has not taken timely and effective measures at the administrative level to abolish child domestic work and the criadazgo system, nor is there an effective labour inspection system or other programmes in place to prevent these practices. The Committee also notes the joint observations of SINTRADOP-L, SINTRADESPY and SINTRADI, who submit that criadazgo remains a common practice in Paraguay. They point out that, while most child labour in Paraguay is concentrated in the Central Department, the relevant governmental institutions are located in the capital. The domestic worker organizations indicate that from 2014 to 2016, some 98 cases of criadazgo were detected, with 81 per cent of the victims being between 9 and 17 years of age, and 73 per cent being girls. They express the view that, despite the gravity of the situation, the Government has made very few efforts to eliminate this practice and these efforts do not reach the rural communities affected.

The Committee recalls that, according to the 2018 report of the United Nations Special Rapporteur on Contemporary Forms of Slavery, many Government programmes and services in Paraguay, including labour inspection and initiatives to address the worst forms of child labour, including criadazgo, often do not reach poor, rural and socially excluded groups. The Special Rapporteur urged the Government to take steps to ensure full geographic coverage of these programs and services. She also expressed concern at reports of insufficient funding for institutions, which affected efforts to end forced labour and the worst forms of child labour, including criadazgo (A/HRC/39/52/Add.1, paragraphs 29 and 30). In this context, the Committee once again notes the recommendation of the Special Rapporteur that, in addition to addressing the legal protection gap in relation to criadazgo, the Government should also address its root causes, particularly the extreme poverty and lack of economic alternatives that often influence the decision of parents to allow their children to face potential exploitation in situations of criadazgo (A/HRC/39/52/Add.1, paragraph 42). The Committee notes that, in its 2024 concluding observations, the United Nations Committee on the Rights of the Child expressed its deep concern in relation to the high rates of missing children in Paraguay, in particular girls, and in the context of criadazgo, urging the Government to take immediate and effective measures to prevent children going missing, addressing its root causes, including criadazgo, designing and implementing effective procedures (CRC/C/PRY/CO/4-6, 18 June 2024, paragraphs 16(b) and 17(b)). In its concluding observations of 20 August 2019, the United Nations Human Rights Committee expressed concern about the persistence in the country of trafficking in persons and reports of labour exploitation of domestic workers, particularly indigenous women and girls, as well as the prevalence of the worst forms of child labour, including the practice of criadazgo. The Human Rights Committee called for the Government to strengthen efforts to prevent, combat and punish trafficking in persons and ensure respect for the fundamental rights of domestic workers, including migrant workers, ensuring that they are protected from situations of domestic servitude, and to adopt regulations, instruments and policies to eliminate the practice of criadazgo, including providing support for families of origin, developing awareness-raising campaigns and educational and vocational training programmes for children and adolescents from vulnerable families throughout the country (CCPR/C/PRY/CO/4, 20 August 2019, paragraph 33). In this context, the Committee notes the joint observations of SINTRADOP-L, SINTRADESPY and SINTRADI, which refer to the Abrazo programme, through which the Government provides financial assistance to some 10,000 families in 10 of the 17 departments of the country, with the aim of keeping children from these families out of child labour. They note, however, that the incidence of child labour increased during the COVID-19 pandemic, and that public spending on adolescence and young persons decreased from 2012 to 2018, affecting certain programmes (Tekoporã and Ñopytyvo) providing financial support to poor and indigenous families. Noting that the Bill which guarantees the right of children and adolescents to protection against criadazgo has been adopted at first instance by the Chamber of Deputies, the Committee strongly hopes that the new bill will be adopted in a near future and requests the Government to provide a copy of the bill once it is adopted, as well as information concerning its implementation. The Government is further requested to take effective and rapid measures without delay, including through provision of training and adequate human and financial resources, to strengthen the capacity of the labour inspection system to detect and prevent situations of child domestic work, particularly situations of criadazgo. The Government is requested to provide updated information in this respect, including information on the number of inspections carried out to detect child domestic labour, the number of violations detected and the penalties imposed. In addition, the Government is requested to provide information on measures taken to address the socioeconomic causes of criadazgo, as well as to remove the victims of child domestic work and criadazgo from this work and to ensure their rehabilitation and social integration, including through ensuring their access to education, vocational training and livelihoods, and on the results achieved.

Article 5. Protection against abuse, harassment and violence. In response to the Committee’s previous comments, the Government provides information on a number of measures taken to implement the protections against violence and harassment set out in Act No. 5777/16, including the adoption of MTESS Resolution No. 388/2019, which established the Office for Assistance and Prevention of Workplace Violence, as well as procedures governing actions against workplace violence, mobbing and sexual harassment. The Committee notes the information provided by the Government indicating the number of working women who brought complaints to the Office for Assistance and Prevention of Workplace Violence since its opening in February 2019 to July 2021. In 2019, 309 complaints were made, falling to 243 in 2020 and reaching 157 in the first half of 2021. The Committee notes that most complaints made referred to the Act on the Promotion and Protection of Maternity and Breastfeeding Act, while other complaints involved allegations of mobbing, sexual harassment and physical violence. The Government does not indicate whether or what proportion of cases involved abuse, harassment or violence in the domestic work sector. The Committee notes awareness-raising measures undertaken by the MTESS, including the creation of a Citizen’s Channel which disseminates information on a weekly basis on Zoom and Facebook on labour issues, and materials developed on preventing workplace violence, entitled “If you are a victim of violence, do not be silent, make a complaint”, as well as materials aimed at raising awareness of labour rights and issues, including domestic work and workplace violence, among others. The Government indicates that the centre Ciudad Mujer (Women’s City) makes materials on prevention and assistance in cases of violence against women, and provides a free hotline service. In their joint observations, SINTRADOP-L, SINTRADESPY and SINTRADI indicate that Act No. 5777/16 is predominately applied in cases of domestic violence, and that MTESS regulations that address workplace abuse, harassment and violence apply to enterprises and not to individual employers and workers in the domestic work sector. The Committee requests the Government to provide updated information on measures taken or envisaged to ensure that domestic workers enjoy effective protection against all forms of abuse, harassment and violence. The Committee also requests the Government to provide statistical information on the number of complaints of harassment, abuse and violence in the context of domestic work lodged with the competent bodies, including those lodged with the Labour Affairs Service (SAAL) and the courts. In this context, the Government is requested to indicate whether MTESS Resolution No. 388/2019 is applied to cover situations of abuse, harassment and violence in the domestic workplace. Lastly, and as part of its measures to address abuse, harassment and violence in the workplace, the Government is invited to consider ratifying the Violence and Harassment Convention, 2019 (No. 190).

Article 10. Equal treatment between domestic workers and workers generally in relation to normal hours of work. The Government once again indicates that section 13 of the Domestic Work Act, No. 5.407/15 establishes that normal working hours for domestic workers who do not reside in the household cannot exceed eight hours per day or 48 hours per week when the work is performed during the day, or seven hours per day or 42 hours per week when the work is performed at night. Nevertheless, the Committee once again notes that section 13 does not establish limits on working hours for domestic workers who reside in the employer’s household. The Government reports that the MTESS has made available a model domestic work contract in which the normal hours of work and rest periods of the domestic worker must be indicated. However, the Committee nevertheless notes that the model contracts for full- and part-time domestic work made available to the public on the MTESS web page do not address the issue of limits on normal working hours for either live-in or live-out domestic workers. Moreover, the Government does not provide information on the manner in which it ensures the effective application of the protections concerning the normal hours of work for domestic workers established by Act No. 5.407/15. In addition, the Government does not indicate the manner in which it ensures that periods during which domestic workers are not free to dispose of their time as they please and remain at the disposal of the employer are considered as hours of work, as contemplated in Article 10(3). The Committee recalls that section 193 of the Labour Code defines the working day to include “the period during which the worker remains at the disposal of the employer”. With respect to the application of Article 10(3), the Government indicates that the MTESS is carrying out a number of initiatives through internet platforms such as Facebook to inform domestic employers and workers of their rights and obligations under the domestic work and social security legislation. The Committee reiterates its previous request on these points and urges the Government to consider taking the necessary measures to amend section 13 of Act No. 5.407 to ensure that live-in and live-out domestic workers enjoy equal conditions in terms of normal working hours. In addition, the Committee once again requests the Government to provide information on the manner in which it ensures the effective application of the legislative protections in place concerning limits on normal working hours. Finally, the Committee reiterates its request that the Government clarify whether section 193 of the Labour Code is applicable to domestic workers and, if this is not the case, to take steps to clarify the manner in which it is ensured that periods during which domestic workers are not free to dispose of their time as they please and remain at the disposal of the household in order to respond to possible calls for their services are regarded as hours of work.

Article 11. Minimum wages. The Government reiterates its reference to Act No. 6338/19 of 2 July 2019, which modified section 10 of the Domestic Work Act, No. 5. 407/15, increasing the salary of domestic workers from 60 per cent of the national minimum wage to 100 per cent of the minimum wage. The Committee further notes the information provided by the Government concerning MTESS Resolution No. 889/2021 of 1 July 2021, which regulates the readjustment of the wages and daily rates of domestic workers nationwide. The Committee nevertheless notes that the Government has not provided information requested on the impact in practice of the amendment, including statistical information on wage trends for domestic workers, disaggregated by sex and age. Nor has the Government provided copies of court decisions relating to the failure of an employer to pay the minimum wage to the domestic worker, as requested by the Committee. The Committee also notes the joint observations of SINTRADOP-L, SINTRADESPY and SINTRADI, which indicate that in practice, domestic workers earn much less than the minimum wage. They add that, according to the National Statistics Institute (INE), male domestic workers earn higher average wages (1,480,000 guaranis) than female domestic workers (1,294,000), with salaries being much lower in the rural areas. The Committee reiterates its request that the Government provide information on the impact in practice of the amendment to section 10 of Act No. 5407/2015, including statistical information on wage trends for domestic workers nationwide, disaggregated by sex and age. The Committee also once again reiterates its request that the Government provide copies of court decisions concerning the failure of the employer to pay the national minimum wage to the domestic worker. In addition, the Government is requested to provide information on measures taken or envisaged to give full effect to Article 11, ensuring that remuneration for domestic workers is established without discrimination based on sex.

Articles 13 and 14. The right to a safe and healthy working environment. Social security. The Committee notes the information provided by the Government with respect to measures taken to promote a safe and healthy working environment for domestic workers, including: the development of the 2017 Guide to Occupational Safety and Health for Domestic Workers in Paraguay, the establishment in 2018 of an Inter-institutional Board with the Social Welfare Institute (IPS), the adoption of an Integrated Strategy for the Formalization of Work, which includes the domestic work sector, as well as awareness-raising campaigns conducted by the MTESS and the IPS to disseminate information on the urgent need to formalize the domestic sector. The Committee notes the statistical information provided by the Government regarding the number of domestic workers registered with the General Social Security System of the IPS during the period 2015 to 2020, disaggregated by sex. It further notes that the number of domestic workers registered with the IPS fell from 17,934 in 2015 to 13,905 in 2020. The Government attributes this decline to the increase in contribution amounts payable to the General Social Security System, which rose from 8 per cent in November 2015 to 25.5 per cent with the entry into force of Act No. 5.407/15. It adds that the adoption of Act No. 6338/2019 of 1 July 2019, which increased the salary of domestic workers to 100 per cent of the national minimum wage, increased the contribution amounts further, resulting in the decline in the number of domestic workers registered with the General Social Security System of the IPS. The Government indicates that this impact was mitigated by the adoption of the Act on Part-Time Work (Act No. 6339/2019 of 8 July 2019). The Government is requested to continue to provide information on the nature and impact of measures adopted to give full effect to Article 14 of the Convention. In addition, the Government is requested to continue to provide updated detailed information, disaggregated by sex, on trends in the numbers of domestic workers registered with the Social Welfare Institute (IPS) for occupational risks.

The Committee is raising other matters in a request addressed directly to the Government.

[ The Government is asked to reply in full to the present comments in 202 5 . ]