Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Maternity Protection Convention (Revised), 1952 (No. 103) - Uruguay (Ratification: 1954)

The Committee notes that the Government is currently engaged in an extensive process of restructuring the health-care system and that the legislative texts on which the Committee had previously commented have been tacitly repealed. The Committee notes that this reform of the health system is being carried out within the framework of Act No. 18.211 of 5 December 2007 and has already resulted in the creation of the National Health Insurance and the National Health Fund (FONASA). This Act provides for the gradual incorporation of the various private schemes into that Fund. Men and women workers who remain excluded from the new system continue for the time being to receive medical benefits under  private schemes. The categories of workers included in the FONASA may opt for membership of an approved collective medical assistance institution (IAMC) or the State Health Services Administration (ASSE). The Committee invites the Government to keep it informed of the implementation of the new Integrated Health Care System (SNIS) which is intended to guarantee the right to health to all persons resident in the country.

Article 4, paragraph 3, of the Convention.  Medical maternity benefits. Given that the list of medical benefits to be provided to users by health service providers shall be drawn up by the Government, the Committee requests the Government to provide further information in its next report on the medical maternity benefits guaranteed under the new health system, including to women workers who do not have 300 days’ membership. Please indicate the legal and regulatory provisions under which the health service providers approved within the framework of the FONASA are under the obligation, in all cases, to provide medical maternity benefits including, in accordance with Article 4, paragraph 3, of the Convention, prenatal, confinement and postnatal care and hospitalization care where necessary. Please also indicate whether, and under what provisions, women workers covered by the FONASA may make use of the free medical maternity benefits provided under both the IAMC and the ASSE.

Article 1. Situation of women workers in the private sector covered by para-public social security institutions. Referring to its observation of 2005, the Committee notes the Government’s statement that section 169 of Act No. 17.556 of 18 September 2002, which had had the effect of depriving women workers in the private sector covered by para-public social security institutions, of medical coverage in relation to medical care provided during pregnancy and confinement, or cash benefits during maternity leave was declared to be unconstitutional by the Supreme Court of Justice. The Government indicates that, since the above ruling of the Supreme Court, women workers covered by para-public social security institutions are getting the benefit of the same maternity protection scheme as workers covered by the Social Insurance Bank (general scheme). The Committee would be grateful if the Government would provide a copy of the above ruling in its next report and invites it to amend the legislation concerned so as to formally repeal the provision declared unconstitutional.