Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

Night Work (Women) Convention, 1919 (No. 4) - Nicaragua (Ratification: 1934)

The Committee notes the information supplied by the Government in its report.

In its previous comments, the Committee noted that the national legislation contains no provision banning night work by women, in accordance with Article 3 of the Convention. The Committee observes that there has been no progress in this respect although a new Labour Code has been adopted.

The Committee also notes that the women's organizations which were consulted and women deputies in the plenary debates on the new Labour Code at the National Assembly disagreed with prohibition of night work by women on the grounds that it places restrictions on their integration in the world of labour. The women deputies were of the view that labour legislation should treat women in the same way as men and that only maternity protection should be regulated. The Committee also notes the Government's statement that it is necessary to take account of the social and economic situation of peoples among which the woman, in a high percentage of cases, is the head of the family and the only economically active person in the family group and, accordingly, the only source of income.

The Committee notes the Government's statement that in Nicaragua there is no prohibition on night work by women. Consequently, it requests the Government to take the necessary measures to ensure that national laws are consistent with the international commitments made.

In this regard the Committee recalls that, in 1990, the International Labour Conference adopted a Convention (No. 171) and a Recommendation (No. 178) on night work and a Protocol to the Night Work (Women) Convention (Revised), 1948 (No. 89) which meet, through different approaches, both the concerns about the employment of women and the protection against forms of work which have adverse effects on the health and the family and social life of workers.