Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Medical Examination of Young Persons (Non-Industrial Occupations) Convention, 1946 (No. 78) - Honduras (Ratification: 1960)

The Committee notes the Government’s report.

Article 4 of the Convention. Medical examination under the age of 21 years. In its previous comments, the Committee noted that section 122 of Decree No. 73/96 issuing the Code of Childhood and Adolescence (hereinafter, the Code of Childhood and Adolescence) provides that children and young persons under 18 years of age but older than 16 years of age may be authorized to carry out unhealthy or dangerous work, in accordance with the conditions set forth in the same section, which include the requirement to pass a medical examination of fitness, in accordance with section 127 of the Code. The Committee pointed out, however, that there are no provisions which require children and young persons under 21 years to undergo regular medical examinations. The Committee requested the Government to take the necessary measures to ensure that children and young persons under 21 years of age who engage in any of the activities mentioned in section 122 of the Code of Childhood and Adolescence undergo regular medical examinations.

The Committee notes the information communicated by the Government concerning the work authorization procedure envisaged in Executive Agreement No. STSS-211-01 of 10 October 2001 issuing the Regulations on Child Labour in Honduras (hereinafter, the Regulations on Child Labour in Honduras). The Committee notes the Government’s indication that the Regulations on Child Labour in Honduras apply to children under 18 years of age and not, therefore, to young people aged between 18 and 21 years. The Committee notes, however, that under section 46, paragraph 2(a), of Executive Agreement No. STSS-001-02 of 7 January 2002 approving the General Regulations on the Prevention of Occupational Accidents and Illnesses (hereinafter, the General Regulations on the Prevention of Occupational Accidents and Illnesses), programmes on occupational health and safety shall envisage medical examinations for the purposes of selecting staff. The Committee notes, however, that this provision of the General Regulations on the Prevention of Occupational Accidents and Illnesses does not envisage the obligation to submit workers to a medical examination, but proposes the possibility of envisaging such an obligation. The Committee reminds the Government that, under Article 4, paragraph 1, of the Convention, in occupations which involve high health risks, medical examination and re-examinations for fitness for employment shall be required until at least the age of 21 years. Moreover, pursuant to Article 4, paragraph 2, of the Convention, national laws or regulations shall either specify, or empower an appropriate authority to specify, the occupations or categories of occupations in which medical examination and re-examination for fitness for employment shall be required until at least the age of 21 years. Taking the aforementioned into account, the Committee asks the Government, once again, to take the necessary measures to ensure that children and young persons under 21 years of age who engage in any of the activities mentioned in section 122 of the Code of Childhood and Adolescence undergo regular medical examinations.

Article 7, paragraph 2. Ensuring the application of the system of medical examination for fitness for employment to children and young persons engaged either on their own account or on account of their parents. In its previous comments, the Committee noted that, under section 126 of the Code of Childhood and Adolescence, the employer is required to hold a register with respect to all the minors employed. This register must contain the elements envisaged in this same section. The Committee observes, however, that neither this Code nor the Labour Code, adopted in 1999, contain any provisions envisaging measures to ensure the application of the system of medical examination for fitness for employment to children and young persons engaged either on their own account or on account of their parents in itinerant trading or in any other occupation carried on in the streets or in places to which the public have access. The Committee asked the Government to adopt the necessary measures to ensure the application of this provision of the Convention. The Committee notes the information provided by the Government, according to which, in order to ensure the application of this provision of the Convention, the work of children and young persons has been incorporated into the responsibilities of the General Labour Inspectorate. The Committee also notes the Government’s indication that it is examining the possibility of extending the application of the national legislation to the informal sector. The Committee asks the Government to provide information on the measures taken by the General Labour Inspectorate to ensure the application of the system of medical examination for fitness for employment to children and young persons engaged either on their own account or on account of their parents in itinerant trading or in any other occupation carried on in the streets or in places to which the public have access.

Part V of the report form. Application of the Convention in practice. In reference to its previous comments, the Committee notes the statistics communicated by the Government in its report.