Observación (CEACR) - Adopción: 2025, Publicación: 114ª reunión CIT (2026)

Convenio sobre la protección de la maternidad (revisado), 1952 (núm. 103) - Chile (Ratificación : 1994)

Article 4(3) of the Convention. Medical benefits free-of-charge. The Committee regrets to note that the Government’s report does not contain information in reply to its previous comments. The Committee once again requests the Government to take the necessary measures to ensure the provision of medical benefits free-of-charge in the event of pregnancy, including care during confinement and the freedom of choice of doctor and medical establishment, irrespective of income level or the State contribution, for women receiving income equal to or higher than the minimum wage (groups B, C and D).

Article 4(5). Benefits provided out of social assistance funds. The Committee notes that, according to the Government’s indications, section 3 of Act No. 20,545, of 17 October 2011, establishes a subsidy for women who did not have a current employment contract in the sixth week prior to the presumed date of confinement. The Committee notes that the right has not been established of the entitlement to adequate benefits of women who, despite having a current employment contract, do not meet the coverage and contribution requirements set out in section 4 of Legislative Decree No. 44 of 1978. The Committee requests the Government to take measures to ensure the entitlement to adequate benefits out of social assistance funds of all women who do not fulfil the necessary conditions to receive maternity benefits, as provided for by the Convention.

Finally, the Committee recalls that the ILO Governing Body, at its 349th Session (October–November 2023), upon the recommendation of the Tripartite Working Group of the Standards Review Mechanism, confirmed the classification of the Maternity Protection Convention (Revised), 1952 (No. 103), as an outdated instrument and included a preliminary item on the Agenda of the 121st Session of the International Labour Conference (2033) for its potential derogation.

The Governing Body requested the Office to take follow-up measures to actively encourage the ratification of the Maternity Protection Convention, 2000 (No. 183), as the instrument on maternity protection considered to be the most up-to-date, by Member States in which Convention No. 103 is currently in force. The Committee therefore encourages the Government to consider the possibility of ratifying Convention No. 183 as the most up-to-date instrument in this field. In this regard, the Committee reminds the Government that it can avail itself of the technical assistance of the Office.