Demande directe (CEACR) - adoptée 2024, publiée 113ème session CIT (2025)

Convention (n° 102) concernant la sécurité sociale (norme minimum), 1952 - Honduras (Ratification: 2012)

The Committee notes the observations of the Honduran National Business Council (COHEP), received on 1 October 2020, and the Government’s reply to them. The Committee also notes the Government’s report, and the observations of the COHEP, received on 30 August 2024.

The Committee notes that, as indicated by the COHEP in its observations, a draft Bill has been drawn up on the comprehensive social protection system, prepared by the Technical Commission of the Secretariat for Social Development, supported by technicians from the Honduran Social Security Institute (IHSS) and the National Teachers’ Welfare Institute, and with ILO technical assistance. The Committee requests the Government to provide detailed information on any developments in the reform process of the social security system.

Part II (Medical care). Article 9 in conjunction with Article 1 of the Convention. Dependent spouses and children. The Committee notes the data provided by the Government on the number of dependent spouses and children protected. The Committee also notes that: (1) according to the Government’s indications, Decree No. 56-2015, the Framework Act on the social protection system, was declared unconstitutional in Ruling No. SCO-0858-2015 of the Constitutional Chamber of the Supreme Court of Justice, published in the Official Diary La Gaceta No. 36,061 of 27 October 2022; and (2) according to the COHEP’s indications, following the declaration of Decree No. 56-2015 as being unconstitutional, the protection of the children of beneficiaries has been governed by the Regulations of the Social Security Act, approved by Decision No. 003-JD-2005, of 29 June 2003. The Committee notes that, in accordance with section 51 of the Regulations, the children of insured persons receive medical care up to the age of 11 years. The Committee also notes with interest that the draft Bill on the comprehensive social protection system envisages the amendment of section 36 of the Social Security Act and Decree No. 080-2001, of 1 June 2001, to raise the age up to which the children of insured persons are provided with medical care from 11 to 18 years. In this context, the Committee recalls that Article 1 of the Convention considers that a child is under the compulsory school-leaving age or under 15 years of age, as may be prescribed. Under these conditions, the Committee requests the Government to provide information as soon as the change in the social security system concerning this matter has been implemented.

Article 65(10). Review of current periodical payments. The Committee notes the information provided by the Government in reply to its previous comment.

Articles 71(1) and (3) and 72(1) and application of the Convention in practice. Structural reforms of the system. The Committee notes the information provided by the Government in relation to Decree No. 48-2024, of 30 April 2024, publishing the Act on the regularization of IHSS contributions. The Committee observes that the publication of the Act responds not the need to restore social security contributions following the loss of income resulting from Decree No. 56-2015 being declared unconstitutional, and that section 1 includes the following contributions for invalidity, old-age and survivors’ benefits through the IHSS insurance scheme: a contribution rate of 3.5 per cent for employers, 2.5 per cent for workers and 0.5 per cent for the State. In this regard, the Committee notes that the draft Bill on the comprehensive social protection system envisages different contribution rates, namely: 3.75 per cent for employers, 1.75 per cent for workers, plus a solidarity contribution by the State of 0.5 per cent.

The Committee also notes that, according to the information provided by the Government, three actuarial studies were carried out in 2023 with ILO assistance on the invalidity, old-age and survivors’, occupational risks and health, and maternity schemes, as well as an institutional diagnosis of the IHSS. Finally, the Committee notes that, according to the information provided by the Government, and as a result of the financial and actuarial situation and requirements of the regulatory body, the National Banking and Insurance Commission, a technical team presented a proposal for reforms to the Social Security Act, which were referred to the Executive Board of the IHSS in September 2023, and are currently awaiting approval with a view to continuing the due process. Under these conditions, the Committee requests the Government to provide information on the reform process of the social security system in relation to its financing and budgetary sustainability, including a copy of the actuarial and institutional diagnosis studies carried out in this context.