Solicitud directa (CEACR) - Adopción: 2024, Publicación: 113ª reunión CIT (2025)

Convenio sobre la protección de la maternidad, 2000 (núm. 183) - Santo Tomé y Príncipe (Ratificación : 2017)

Article 2 of the Convention. Coverage of domestic workers and workers in atypical forms of dependent work. The Committee notes the information provided by the Government in its report that efforts are being made to include domestic workers as a proper category within the compulsory social security scheme, and that a campaign has been launched to enhance their registration to the social security contributory system. Concerning statistical data, the Committee notes the information that statistics are not available in respect to the number of domestic workers, self-employed women, and women in atypical forms of employment and the respective provision of maternity cash benefits, but that the ILO’s technical assistance will be requested in this regard. The Committee observes that according to sections 4 of the Decree-Law No. 25/2014, of 31 December, and 12 of the Decree-Law No. 19/2022, of 4 November, domestic workers under an employment relationship shall be included in the compulsory social security scheme. In this regard, the Committee requests the Government to provide further information on the measures taken or envisaged with a view to extending coverage and enhancing registration to the social security system of domestic workers and women engaged in atypical forms of dependent work, and on the results of such measures, particularly with regard to the inclusion of domestic workers as a protected category in the compulsory social security scheme. Furthermore, the Committee requests the Government to provide information on the efforts made to improve the collection of statistical data in respect to the registration of women workers to the social security system and the provision of maternity cash benefits. In this regard, the Committee encourages the Government to avail itself of ILO technical assistance.

Article 6(1). Duration of maternity cash benefits. The Committee takes due note of the information provided by the Government that the payment of maternity cash benefits has been extended to the entire duration of the 14 weeks of maternity leave, according to section 46 of the Decree-Law No. 19/2022.

Article 6(2) and (6). Maternity benefits out of social assistance. The Committee takes note of the information provided by the Government that women who are not registered with the national social security system are entitled to benefits of social protection from the State, under the public social protection scheme. The Committee requests the Government to (i) provide detailed information concerning the amount and the entitlement conditions to receive cash benefits provided to workers under the public social protection scheme, and (ii) explain how such benefits are sufficient to maintain women and their children in proper conditions of health and with a suitable standard of living, in accordance with Article 6(2) and (6) of the Convention.

Article 6(7). Maternity medical care benefits. Following its previous comments, the Committee takes due note of the information provided by the Government that all medical care is provided to pregnant women and to their children by the Universal Medical Care. The Committee further notes that section 19 of the Law No. 7/2004 provides that medical care is guaranteed in the context of pregnancy. The Committee observes, however, that according to the March 2023 WHO’s analytical fact sheet, maternal mortality rates remain high in the country and have recently increased by 12 per cent. In this context, the Committee requests the Government to provide information on the causes of this increase in the maternal mortality rate and on the measures taken or envisaged to reduce it.

Article 8(2). Right to return to the same position after maternity leave. The Committee takes note of the information provided by the Government that section 262 of the Labour Code, adopted by Law No. 6/2019, of 11 April, guarantees the return to the same position to pregnant or nursing women after maternity leave. However, the Committee observes that section 262 of the Labour Code is not sufficiently specific as to ensure the return to the same or equivalent position, but it does indeed guarantee the protection of women against dismissal when returning from maternity leave. In view of this, the Committee requests the Government to indicate the measures adopted or envisaged to ensure the return of women to the same or equivalent position after maternity leave, giving effect to Article 8(2) of the Convention.