Medical Examination of Young Persons (Non-Industrial Occupations) Convention, 1946 (No. 78) - Bolivia (Plurinational State of) (Ratification: 1973)

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment under Conventions Nos 77 and 78 and previous comment under Convention No. 124

In order to provide an overview of the issues concerning the application of the Conventions on the medical examination of young persons, the Committee considers it appropriate to examine Conventions Nos 77, 78 and 124 in a single comment.

Article 2(1) of Conventions Nos 77 and 78. Medical examination for fitness for employment. The Committee notes, from the Government’s report, the adoption of Law No. 1139 of 20 December 2018 which amends the Code for Children and Young Persons 2014. It notes with interest that section 131 of the Code for Children and Young Persons 2014, as amended, provides that young persons of at least 14 years of age who wish to engage in employment: (1) must freely express their willingness to carry out any labour activity or work, (2) whether it relates to work on their own account or on account of another, must obtain the authorization from the Ombudsperson for Children and Adolescents; and (3) in either case, the Ombudsperson for Children and Adolescents, before granting the authorization to work, must order a comprehensive medical assessment certifying the young person’s health and their physical and mental capacity for the performance of the corresponding work or the work activity. The Committee requests the Government to provide information on how the application of section 131 of the Code for Children and Young Persons is ensured in practice.

Medical examination for fitness for employment and periodic re-examinations required for persons under 21 years of age in underground work (Article 2(1) of Convention No. 124). Periodical medical examinations (Article 3(2) and (3) of Conventions Nos 77 and 78). Medical examinations required until the age of 21 years in occupations which involve high health risks (Article 4 of Conventions Nos 77 and 78). Appropriate measures for the vocational guidance and physical and vocational rehabilitation of young persons found by medical examination to be unsuited to certain types of work or to have physical handicaps or limitations (Article 6 of Conventions Nos 77 and 78). Further to its previous comments, the Committee notes with concern, the Government’s indication that the Bill on occupational safety and health, is still waiting to be adopted by the Parliament. It notes the Government’s repeated statement that it undertakes to monitor the status of this issue in front of the Parliament and promote discussions on the matter in the legislative body. Recalling that the Government has been referring to the Bill on occupational safety and health since 2011, the Committee urges the Government to take all the necessary measures to ensure that the Bill is adopted without delay and to ensure observance of these provisions of the Conventions. It requests the Government to provide information on any progress made in this regard.

Article 7(2) of Convention No. 78. Supervision of 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. Noting that the Government remains silent on this point, the Committee requests it to ensure: (i) the adoption, without delay, of the Bill on occupational safety and health; and (ii) that it will contain provisions determining the measures of identification 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, as well as any other methods of supervision to be adopted to ensure the strict enforcement of the Convention, in accordance with Article 7(2) of the Convention. The Committee requests the Government to provide information on any progress made in this regard.

Application of the Conventions in practice. The Committee notes the Government’s indication that all authorizations to work need to be recorded in a Register of authorizations and must contain compulsory information, including but not limited to, the name, age and activity of the child, as well as the medical examination report and the official Form of authorization signed by a parent or legal guardian and issued by the Ministry of Labour, Employment and Social Welfare (MTEPS) (section 42 of the Supreme Decree No. 2377 regulating Law No. 548 on the Code for Children and Young Persons). The Government also states that section 138 of the Code for Children and Young Persons provides that it is the Ombudsperson for Children and Adolescents who is responsible for the Register of authorizations of all children engaged in work, and upon request, the Ombudsperson shall submit copies of the Register to the MTEPS for the purposes of inspection and supervision. The Committee notes that, in 2022, the MTEPS issued a request to all municipal authorities to provide copies of their Registers of authorization of children in work and received information from 21 municipalities. Out of the replies received, only four municipalities had dealt with procedures of authorization of work of young persons, for a total of 48 authorizations. The Government indicates that all these 48 cases complied with the requirement of medical examinations. However, the Committee notes that it is not clear if this includes the requirement of periodical medical examinations (Article 2(1) of Convention No. 124 and Article 3 of Conventions Nos 77 and 78). The Government adds that it will endeavour to obtain the requested information from all municipalities and ensure that further information is provided on the type of work authorized to be performed by young persons, in order to provide comprehensive statistical data to this Committee. The Committee requests the Government to continue to collect and provide information on the number of children and young persons who are engaged in work and have undergone the periodical medical examinations envisaged in the Conventions. Considering the low number of registered authorizations, the Committee encourages the Government to strengthen its efforts to ensure that all young persons who work in the country will progressively be covered by the protection afforded by the Conventions, including 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. Please also provide extracts from the reports of the inspection services relating to any infringements reported and the penalties imposed.

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

In order to provide an overview of the issues concerning the application of the core Conventions on the medical examination of young persons, the Committee considers it appropriate to examine Conventions Nos 77 and 78 in a single comment.

Article 2(1) of Conventions Nos 77 and 78. Medical examination for fitness for employment. The Committee previously noted Decision No. 001 of 11 May 2004, issued by the Ministers of Labour and of Health and Sports (SEDES), section 1 of which provides that the Ministry of Health and Sports, through its ministries and municipal authorities, shall allocate the necessary and adequate medical personnel so that, in coordination with the Ministry of Labour, free medical examinations are carried out for boys, girls and young persons who are working in the industrial and agricultural sectors and who work on their own account in urban or rural areas, under the terms of section 137(1)(b) of the Code on Boys, Girls and Young Persons of 1999. In this respect, the Committee noted section 137(1)(b) of the Code, under the terms of which young persons engaged in work shall periodically undergo medical examination. It observed that the expression “medical examinations” contained in section 1 of Decision No. 001 of 11 May 2004 only appears to refer to the periodical medical examinations that young persons have to undergo during employment, but not the thorough medical examination of their fitness for work. The Government indicated, however, that the Ministry of Labour, Employment and Social Welfare was preparing a new Bill on occupational safety and health.

While noting that section 131(4) of the new Code on Children and Young Persons provides that the issuance of work permits is subject to prior medical examination for persons under 18 years, the Committee observes that this work permit can be granted to children from the age of ten. The Committee recalls that this issue was raised by this Committee as well as the Committee on the Application of Standards in 2015. In this regard, the Committee refers to its detailed comments of 2015 concerning the application of the Minimum Age Convention, 1973 (No. 138).

Periodical medical examinations (Article 3(2) and (3) of Conventions Nos 77 and 78). Medical examinations required until the age of 21 years in occupations which involve high health risks (Article 4 of Conventions Nos 77 and 78). Appropriate measures for the vocational guidance and physical and vocational rehabilitation of young persons found by medical examination to be unsuited to certain types of work or to have physical handicaps or limitations (Article 6 of Conventions Nos 77 and 78). Further to its previous comments, the Committee notes once again that the Bill on occupational safety and health has still not been adopted and that the Government does not appear to have taken any measures to give legal effect to these provisions of the Conventions. The Committee requests the Government to take the necessary measures to adopt the Bill without delay to ensure observance of these provisions of the Conventions. It requests the Government to provide information on any progress made in this regard.

Article 7(2) of Convention No. 78. Supervision of 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. The Committee previously noted that no measure has been taken by the Government to ensure the supervision of 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, or in the informal economy. The Committee expresses the firm hope that the Bill on occupational safety and health will be adopted in the near future and that it will contain provisions determining the measures of identification 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, as well as the other methods of supervision to be adopted for ensuring the strict enforcement of the Convention, in accordance with Article 7(2) of the Convention.

Application of the Conventions in practice. In its previous comments, the Committee noted that due to economic constraints, there are certain shortcomings in the application of this Convention, particularly in the capitals of remote departments, such as Cobija and Trinidad, and in rural areas. Nevertheless, it noted that the Government had adopted measures, in accordance with the possibilities available to it, so that all young persons who work in the country will progressively be covered by the protection afforded by the Convention. Noting the absence of information in the Government’s report, the Committee requests the Government to provide information on progress achieved in relation to the application of the Convention in practice, by providing in particular, in accordance with available capacities, information concerning the number of children and young persons who are engaged in work and have undergone the periodical medical examinations envisaged in the Convention and extracts from the reports of the inspection services relating to any infringements reported and the penalties imposed.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

In order to provide an overview of the issues concerning the application of the core Conventions on the medical examination of young persons, the Committee considers it appropriate to examine Conventions Nos 77 and 78 in a single comment.

Article 2(1) of Conventions Nos 77 and 78. Medical examination for fitness for employment. The Committee previously noted Decision No. 001 of 11 May 2004, issued by the Ministers of Labour and of Health and Sports (SEDES), section 1 of which provides that the Ministry of Health and Sports, through its ministries and municipal authorities, shall allocate the necessary and adequate medical personnel so that, in coordination with the Ministry of Labour, free medical examinations are carried out for boys, girls and young persons who are working in the industrial and agricultural sectors and who work on their own account in urban or rural areas, under the terms of section 137(1)(b) of the Code on Boys, Girls and Young Persons of 1999. In this respect, the Committee noted section 137(1)(b) of the Code, under the terms of which young persons engaged in work shall periodically undergo medical examination. It observed that the expression “medical examinations” contained in section 1 of Decision No. 001 of 11 May 2004 only appears to refer to the periodical medical examinations that young persons have to undergo during employment, but not the thorough medical examination of their fitness for work. The Government indicated, however, that the Ministry of Labour, Employment and Social Welfare was preparing a new Bill on occupational safety and health.

While noting that section 131(4) of the new Code on Children and Young Persons provides that the issuance of work permits is subject to prior medical examination for persons under 18 years, the Committee observes that this work permit can be granted to children from the age of ten. The Committee recalls that this issue was raised by this Committee as well as the Committee on the Application of Standards in 2015. In this regard, the Committee refers to its detailed comments of 2015 concerning the application of the Minimum Age Convention, 1973 (No. 138).

Periodical medical examinations (Article 3(2) and (3) of Conventions Nos 77 and 78). Medical examinations required until the age of 21 years in occupations which involve high health risks (Article 4 of Conventions Nos 77 and 78). Appropriate measures for the vocational guidance and physical and vocational rehabilitation of young persons found by medical examination to be unsuited to certain types of work or to have physical handicaps or limitations (Article 6 of Conventions Nos 77 and 78). Further to its previous comments, the Committee notes once again that the Bill on occupational safety and health has still not been adopted and that the Government does not appear to have taken any measures to give legal effect to these provisions of the Conventions. The Committee requests the Government to take the necessary measures to adopt the Bill without delay to ensure observance of these provisions of the Conventions. It requests the Government to provide information on any progress made in this regard.

Article 7(2) of Convention No. 78. Supervision of 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. The Committee previously noted that no measure has been taken by the Government to ensure the supervision of 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, or in the informal economy. The Committee expresses the firm hope that the Bill on occupational safety and health will be adopted in the near future and that it will contain provisions determining the measures of identification 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, as well as the other methods of supervision to be adopted for ensuring the strict enforcement of the Convention, in accordance with Article 7(2) of the Convention.

Application of the Conventions in practice. In its previous comments, the Committee noted that due to economic constraints, there are certain shortcomings in the application of this Convention, particularly in the capitals of remote departments, such as Cobija and Trinidad, and in rural areas. Nevertheless, it noted that the Government had adopted measures, in accordance with the possibilities available to it, so that all young persons who work in the country will progressively be covered by the protection afforded by the Convention. Noting the absence of information in the Government’s report, the Committee requests the Government to provide information on progress achieved in relation to the application of the Convention in practice, by providing in particular, in accordance with available capacities, information concerning the number of children and young persons who are engaged in work and have undergone the periodical medical examinations envisaged in the Convention and extracts from the reports of the inspection services relating to any infringements reported and the penalties imposed.

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

Article 7(2) of the Convention. Supervision of 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. Further to its previous comments, the Committee notes the Government’s indication that the Ministry of Labour, Employment and Social Welfare is preparing a new Bill on occupational safety and health. The Committee expresses the firm hope that the Bill on occupational safety and health will be adopted in the near future and that it will contain provisions determining the measures of identification 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, as well as the other methods of supervision to be adopted for ensuring the strict enforcement of the Convention, in accordance with Article 7(2). In this respect, the Committee requests the Government to take into account the indications contained in the Medical Examination of Young Persons Recommendation, 1946 (No. 79), and particularly in Paragraph 14 on methods of supervision.

The Committee also invites the Government to refer to its comments concerning the Medical Examination of Young Persons (Industry) Convention, 1946 (No. 77).

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes that the Government’s report contains no reply to its previous comments. It is therefore bound to repeat its previous observation, which read as follows:

Article 7, paragraph 2, of the Convention. With regard to the methods of identification or other methods of supervision to be adopted for 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 itinerant trading or in any other occupation carried on in the streets, the Committee requests the Government to take into consideration, when taking the legislative or regulatory measures on the basis of the analysis of the results obtained from the VALORA Plan, the indications contained in Recommendation No. 79 on the medical examination of young persons particularly Paragraph 14 on methods of supervision.

Moreover, the Committee invites the Government to refer to its comments under Convention No. 77.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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

The Committee notes with regret that for the third consecutive year the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Article 7, paragraph 2, of the Convention. With regard to the methods of identification or other methods of supervision to be adopted for 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 itinerant trading or in any other occupation carried on in the streets, the Committee requests the Government to take into consideration, when taking the legislative or regulatory measures on the basis of the analysis of the results obtained from the VALORA Plan, the indications contained in Recommendation No. 79 on the medical examination of young persons particularly Paragraph 14 on methods of supervision.

Moreover, the Committee invites the Government to refer to its comments under Convention No. 77.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes with regret that for the second consecutive year the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Article 7, paragraph 2, of the Convention. With regard to the methods of identification or other methods of supervision to be adopted for 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 itinerant trading or in any other occupation carried on in the streets, the Committee requests the Government to take into consideration, when taking the legislative or regulatory measures on the basis of the analysis of the results obtained from the VALORA Plan, the indications contained in Recommendation No. 79 on the medical examination of young persons particularly Paragraph 14 on methods of supervision.

Moreover, the Committee invites the Government to refer to its comments under Convention No. 77.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

Article 7, paragraph 2, of the Convention. With regard to the methods of identification or other methods of supervision to be adopted for 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 itinerant trading or in any other occupation carried on in the streets, the Committee requests the Government to take into consideration, when taking the legislative or regulatory measures on the basis of the analysis of the results obtained from the VALORA Plan, the indications contained in Recommendation No. 79 on the medical examination of young persons, particularly Paragraph 14 on methods of supervision designed to ensure the application of the system of medical examination for fitness for employment to children and young persons engaged in itinerant trading or in any other occupation carried on in the streets or in places to which the public have access.

Moreover, the Committee invites the Government to refer to its comments under Convention No. 77.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee takes note of the information supplied by the Government in reply to its previous comments.

Article 7, paragraph 2, of the Convention. With regard to the methods of identification or other methods of supervision to be adopted for 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 itinerant trading or in any other occupation carried on in the streets, the Committee requests the Government to take into consideration, when taking the legislative or regulatory measures on the basis of the analysis of the results obtained from the VALORA Plan, the indications contained in Recommendation No. 79 on the medical examination of young persons, particularly Paragraph 14 on methods of supervision designed to ensure the application of the system of medical examination for fitness for employment to children and young persons engaged in itinerant trading or in any other occupation carried on in the streets or in places to which the public have access.

Moreover, the Committee invites the Government to refer to its comments under Convention No. 77.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes the information supplied by the Government in its last report to the effect that the Ministry of Labour and Micro-enterprises is planning, amongst other things, a study on the draft regulations to implement the General Health and Safety (Industry) Act which are to include the prescriptions concerning medical examination of young persons. The Government adds that the abovementioned Act covers medical examination of young persons in non-industrial occupations.

Article 2 of the Convention. The Committee also notes that, according to the Government, in regard to this and the other Articles of the Convention, regulations are to be adopted which are compatible with the Children and Young Persons Code. The Committee recalls that the Government has been stating for many years that it will adopt the necessary laws and regulations to give effect to the provisions of the Convention. The Committee therefore urges the Government to ensure that such measures are adopted in order to bring the national legislation into line with the provisions of the Convention.

The Committee again asks the Government to take into consideration Recommendation No. 79 on the medical examination of young persons, particularly Paragraph 14 on methods of enforcement in respect of 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.

See the Committee’s comments under Convention No. 77.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

[The Government is asked to reply in detail to the present comments in 2003.]

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information supplied by the Government in its last report to the effect that the Ministry of Labour and Micro-enterprises is planning, amongst other things, a study on the draft regulations to implement the General Health and Safety (Industry) Act which are to include the prescriptions concerning medical examination of young persons. The Government adds that the abovementioned Act covers medical examination of young persons in non industrial occupations.

Article 2 of the Convention. The Committee also notes that, according to the Government, in regard to this and the other Articles of the Convention, regulations are to be adopted which are compatible with the Children and Young Persons Code. The Committee recalls that the Government has been stating for many years that it will adopt the necessary laws and regulations to give effect to the provisions of the Convention. The Committee therefore urges the Government to ensure that such measures are adopted in order to bring the national legislation into line with the provisions of the Convention.

The Committee again asks the Government to take into consideration Recommendation No. 79 on the medical examination of young persons, particularly Paragraph 14 on methods of enforcement in respect of 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.

See the Committee’s comments under Convention No. 77.

[The Government is asked to report in detail in 2002.]

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

1. Article 1 of the Convention. In its report on Convention No. 77, the Government indicates that the adoption of the General Regulations on Health, Occupational Safety and Welfare will enable provisions on the medical examination of young people to be adopted. The Committee hopes that such measures will apply to young people who are employed in non-industrial jobs.

2. Article 2. See the comment under Convention No. 77.

3. The Committee asks the Government to take into consideration Recommendation No. 79 on the medical examination of young persons, particularly paragraph 14 on methods for applying such examinations to young people engaged, either on their own account or on account of their parents, in itinerant trading or any other occupation carried on in the streets or in places to which the public have access.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes the information supplied by the Government in its last report.

1. With reference to Articles 2, 3, 4, 6 and 7 of the Convention, please see under Convention No. 77, as follows:

Articles 2, 3, 4, 5, 6 and 7. In the comments it has been making for several years, the Committee has drawn the Government's attention to the lack of any provisions in the laws or regulations to give effect to the provisions of the Convention. The Government has referred on several occasions to the adoption of the General Regulations of the Act respecting health, occupational safety and welfare, which was to give effect to the provisions of the Convention. The Committee also noted that regulations were being prepared on company medical services.

The Committee notes that the Government indicates in its report that the General Regulations of the Act respecting health, occupational safety and welfare, as well as the specific regulations on medical certification for young persons in industry, are in the process of being prepared despite the scarce human, material and technical resources available. The Committee hopes that the above regulations will be adopted in the very near future and that the Government will provide a copy of them as soon as they have been promulgated.

2. The Government refers in its last report to a number of difficulties that arise in practice in providing medical supervision for young persons in non-industrial occupations due to the variety of activities that they undertake in commerce, services and the informal sector, where permanent medical units are not always available. In this connection, the Committee invites the Government to take into account the Medical Examination of Young Persons Recommendation (No. 79), and in particular Paragraph 14 on methods of application to young persons engaged either on their own account or on account of their parents in itinerant trading or any other occupation carried on in the streets or in places to which the public have access.

The Committee requests the Government to indicate the measures that have been adopted or are envisaged in order to overcome the difficulties referred to above and to ensure that effect is given in practice to the provisions of the Convention.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes the Government's report on the application of the Convention.

The information supplied in reply to the Committee's previous direct request refers to the difficulties resulting from the shortage of skilled staff and financial resources which have impeded the adoption of the regulations to be issued under the General Act respecting health, occupational safety and welfare.

The Committee notes that, following a request for assistance from the ILO made by the Government in its report, the competent technical department of the Office transmitted on 17 February 1989 the bibliographical documentation that was requested.

The Committee trusts that the Government will therefore quickly be in a position to take the necessary measures to give effect to the Convention. It hopes that its next report will contain full information on the effect given to each of the Articles of the Convention.