Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Medical Examination of Young Persons (Non-Industrial Occupations) Convention, 1946 (No. 78) - Haiti (Ratification: 1957)

With regard to Articles 3 and 4 of the Convention and Part V of the report form, the Committee requests the Government to refer to the comments it has made under the Medical Examination of Young Persons (Industry) Convention, 1946 (No. 77).

Article 7(2)(a) of the Convention. Ensuring the application of the system of medical examination for fitness for employment to children engaged either on their own account or on account of their parents. In its previous comments, the Committee noted that the provisions of the Labour Code concerning work by minors (section 332 et seq.) did not provide for the identification of 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. In its report, the Government indicated that, under section 6 of the Labour Code, itinerant workers (young persons) enjoy the prerogatives recognized by the Constitution and by law. For example, they can request from the Women and Children’s Department a certificate for fitness for employment and undergo a medical examination by a doctor approved by the competent authority, according to the provisions of section 336 of the Labour Code. The Government further indicated that efforts would be made to secure effective supervision of itinerant workers (young persons).

The Committee notes the Government’s assertion that it takes note of the Committee’s recommendations and that it foresees working in that direction. The Committee reminds the Government once again that, under Article 7(2)(a), measures of identification have to be adopted 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 out in the streets or in places to which the public have access (such as a requirement for the person concerned to be in possession of a document attesting to their medical examination). The Committee expresses the firm hope that, within the framework of the review of the labour legislation, the necessary measures will be taken in order to give effect to this provision of the Convention. It requests the Government to provide information on any progress made in this regard.