Medical Examination of Young Persons (Industry) Convention, 1946 (No. 77) - Peru (Ratification: 1962)

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

In order to provide an overview of matters relating to the application of the main 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 6 of Conventions Nos 77 and 78. Vocational guidance and physical and vocational rehabilitation of children and young persons found to be unsuited to work. In its previous comments, the Committee noted with interest that the Government’s regulations and the legislation, taken as a whole, ensured the vocational guidance and physical and vocational rehabilitation of children and young persons found by medical examination to be unsuited to certain types of work or to have physical handicaps or limitations. It requested the Government to indicate the nature and scope of the measures taken by the Ministry of Labour and Social Welfare to ensure the vocational guidance and physical and vocational rehabilitation of the children and young persons concerned, as set out in Article 6(2) of Conventions Nos 77 and 78. Noting that the Government has not provided any information in relation to the previous comments, the Committee once again requests the Government to provide information on the measures taken by the Ministry of Labour and Social Welfare to ensure the vocational guidance and physical and vocational rehabilitation of the children and young persons concerned, as provided for by Article 6(2) of Conventions Nos 77 and 78.

Application in practice. In its previous comments, the Committee noted the Government’s indication that it had no statistical data on the number of children subject to medical examination requirements, as established by the Conventions. The Committee also noted that, in its concluding observations of March 2016, the United Nations Committee on the Rights of the Child expressed concern that the system of authorization and registry, which bases the authorization for children to work on a number of requirements, does not work effectively in practice (CRC/C/PER/CO/4-5, paragraph 65). The Committee previously requested the Government to take the necessary measures to make available statistical data on the number of working children and young persons who have been subject to medical examinations. The Committee also requested the Government to indicate the measures taken so that Ministerial resolution No. 312-2011/MINSA, approving the technical paper containing protocols relating to medical examinations and directives on compulsory diagnosis by activity, is applied in practice, thereby ensuring that children and young persons are subject to medical examinations prior to employment and periodically during employment. Lastly, the Committee requested the Government to indicate whether Supreme Decree No. 006-73-TR of 5 June 1973, which gives effect to most of the Articles of the Conventions concerned, was still in force. If not, the Committee requested the Government to indicate the legislation which replaced Decree No. 006-73-TR and which would now give effect to Conventions Nos 77 and 78.

The Committee notes the Government’s indication that the Ministry of Labour and Employment Promotion explains that the regulation replacing Supreme Decree No. 006-73-TR of 5 June 1973 may be found under section 55 of the Code for Children and Young Persons (Act No. 27337 of 2 August 2000): “Working young persons are subject to periodic medical examinations. For independent and domestic workers, the examinations will be free of charge and will be covered by the health service.”

The Committee notes, however, the lack of statistical data on the number of working children and young persons who have been subject to medical examinations provided for by the Convention. Once again recalling the importance of obtaining statistical data as a basis for assessing the application of the Conventions in practice, the Committee requests the Government to provide all available statistical data on the number of working children and young persons who have been subject to medical examinations. The Committee once again requests the Government to indicate the measures taken to give effect to Ministerial resolution No. 312-2011/MINSA in practice and thus ensure that children and young persons are effectively subject to medical examinations prior to employment and periodically during employment.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

In order to provide an overview of the issues concerning the application of the main 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 6 of Conventions Nos 77 and 78. Vocational guidance and physical and vocational rehabilitation of children and young persons found to be unsuited to work. In its previous comments, the Committee noted the information provided by the Government concerning legislation and programmes aimed at implementing a policy for the development and integration of persons with disabilities, particularly through employment. The Committee also noted the legislation regulating the care and assistance provided to persons with disabilities. The Committee requested the Government to indicate whether this legislation also covered children and young persons found by medical examination to be unsuited to certain types of work or to have physical disabilities or limitations.

The Committee notes that, in response to its previous comments, the Government indicates in its report, that section 58 of the Regulations of the General Act on persons with disabilities provides that vocational guidance and rehabilitation services, provided by the Ministry of Labour and Social Welfare, shall be available to persons with disabilities irrespective of their age, gender or economic situation, including children. It also notes the Government’s indication that section 21 of the Code for Children and Young Persons establishes that when children are ill, have physical or mental limitations, or disabilities, they will receive treatment and rehabilitation, thus enabling them to participate in their community to the best of their capacity. The Committee also notes that section 23 provides that children and young persons with disabilities shall have equal opportunities for access to vocational training. The Committee notes with interest that these regulations and legislative texts, taken as a whole, guarantee the vocational guidance and physical and vocational rehabilitation of children and young persons found by medical examination to be unsuited to certain types of work or to have physical disabilities or limitations. The Committee requests the Government to indicate the nature and scope of the measures taken by the Ministry of Labour and Social Welfare to ensure the vocational guidance and physical and vocational rehabilitation of the children and young persons concerned, as set out in Article 6(2) of Conventions Nos 77 and 78.

Application in practice. The Committee previously noted Ministerial Resolution No. 723-2009/MINSA approving the technical document on the role of the health sector in the prevention and eradication of child labour in Peru, as well as Ministerial Resolution No. 312-2011/MINSA approving the technical document containing the protocols for medical examinations and mandatory diagnostic guidelines by activity.

The Committee notes the labour inspection statistics provided by the Government on offences relating to the employment of children under the age of 18 years. However, the Committee notes the Government’s indication that it has no statistical data on the number of children subject to medical examination requirements, as established in the Conventions. The Committee also notes that, in its concluding observations of March 2016, the Committee on the Rights of the Child expressed concern at the fact that the authorization and registration system, under which the authorization for children to work is subject to a certain number of rules, does not function adequately in practice (CRC/C/PER/CO/4-5, paragraph 65). Recalling the importance of obtaining statistical data as a basis for assessing the application of the Conventions in practice, the Committee requests the Government to take the necessary measures to make available statistical data on the number of working children and young persons who have been subject to medical examinations. It requests the Government to provide information in this regard. The Committee also requests the Government to indicate the measures taken to give effect in practice to Ministerial Resolution No. 312-2011/MINSA and thus ensure that children and young persons are subject to medical examinations prior to employment and periodically during employment.

Recalling that Supreme Decree No. 006-73-TR of 5 June 1973 gives effect to most of the Articles of the Conventions concerned, and noting once again the absence of information in the Government’s report, the Committee reiterates its request for the Government to confirm whether the Supreme Decree is still in force. If not, the Committee requests the Government to indicate the legislation which replaced Decree No. 006-73-TR and which now gives effect to Conventions Nos 77 and 78.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Article 6 of the Convention. Vocational guidance and physical and vocational rehabilitation of children and young persons found to be unsuited to work. In its previous comments, the Committee noted the information provided by the Government concerning legislation and programmes intended to implement a policy of the development and integration of persons with disabilities, especially through employment. It noted that these measures did not concern children and young persons found by medical examination to be unsuited to certain types of work, or to have physical handicaps or limitations, and requested the Government to provide information in this regard.

The Committee notes the detailed statistical information provided by the Government in its report as regards the number of persons declared incapable of working, which total 3.5 million citizens (13.08 per cent of the country’s population) and of which 56.7 per cent are part of the working-age population. The Committee also notes the Government’s information as regards the legislative instruments that regulate the treatment and assistance provided to persons with disabilities. Yet it is unclear whether these laws also concern children and young persons found by medical examination to be unsuited to certain types of work or to have physical handicaps or limitations. In this respect, the Committee recalls that, by virtue of Article 6(1) of the Convention, the competent authority must take appropriate measures for the vocational guidance and physical and vocational rehabilitation of children and young persons found by medical examination to be unsuited to certain types of work. Under the terms of Article 6(2) cooperation shall be established between the labour, health, educational and social services, and effective liaison shall be maintained between these services. In this respect, the Committee also again refers to Paragraphs 9 and 10 of Recommendation No. 79, which contains additional indications on the measures to be taken by the national authority for the implementation of this Article of the Convention. The Committee requests the Government to indicate whether the legislative instruments that regulate the treatment and assistance to be provided to persons with disabilities include measures for vocational guidance and physical and vocational rehabilitation and cover children and young persons found by medical examination to be unsuited for certain types of work. It also requests the Government to provide information on the measures adopted or envisaged to establish cooperation between the labour, health, educational and social services concerned, and effective liaison between these services.

Part V of the report form. Application of the Convention in practice. The Committee previously noted the concluding observations of March 2006 of the Committee on the Rights of the Child (CRC) expressing deep concern at the hundreds of thousands of children and adolescents in the labour market, marginalized from education and victims of exploitation and abuse. The CRC also noted with concern that legislative provisions protecting children from economic exploitation were often violated and that children were exposed to dangerous or degrading work (CRC/C/PER/CO/3, paragraph 62). In these circumstances, the Committee requested the Government to provide information on the application of the Convention in practice.

The Committee notes in this regard Ministerial Resolution No. 723 2009/MINSA approving the technical document on the role of the health sector in the prevention and eradication of child labour in Peru, as well as Ministerial Resolution No. 312-2011/MINSA approving the technical document containing the protocols for occupational medical examinations and mandatory diagnostic guidelines by activity. The Committee also notes the statistics reported by the labour inspectorate for 2007–12 of inspections carried out in the field of child labour in industries (comprising industries, mining, construction and transport).

Noting the absence of statistical data on the number of children and young persons engaged in work and who have undergone the medical examinations provided for in the Convention on this point in the Government’s report, the Committee once again requests the Government to provide this information. Noting that the abovementioned statistics of the labour inspectorate do not specify the types of breaches concerning the safety and health protection of minors committed in the various industries, the Committee requests the Government to continue to provide extracts of the reports of the inspection services, including data on the number and nature of the offences reported and the penalties applied.

Noting once again the absence of information in the Government’s report, the Committee reiterates its request to the Government to confirm whether Supreme Decree No. 006-73-TR of 5 June 1973 establishing measures which give effect to most of the Articles of the Convention is still in force.

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

Article 6 of the Convention. Vocational guidance and physical and vocational rehabilitation of children and young persons found to be unsuited to work. In its previous comments, the Committee noted the information provided by the Government that there is a policy in the country to develop programmes which guarantee adequate standards of living for children and young persons, ensure that they receive the necessary protection when they are at risk and provide for their physical and mental rehabilitation. It noted that none of these programmes makes specific provision for measures to be taken for the vocational guidance and physical and vocational rehabilitation of children and young persons found by medical examination to be unsuited to certain types of work or to have physical handicaps or limitations.

In its report, the Government indicates that section 1 of General Act No. 27050 respecting persons with disabilities provides that the objective of the law is to establish a legal regime of protection and care in relation to health, work, education, rehabilitation, social security and prevention so that persons with disabilities can develop and achieve social, economic and cultural integration. It adds that, under section 33 of Act No. 27050, as amended by Act No. 28164, the Ministry of Labour and Employment Promotion, in collaboration with the National Council for the Integration of Persons with Disabilities, supports measures for the development of work and special programmes for persons with disabilities. Under the terms of this provision, the executive, its decentralized bodies, state enterprises, regional governments and municipal authorities are under the obligation to employ a quota of 3 per cent of persons with disabilities. Furthermore, the Government refers to the establishment of a register of enterprises that are favourable to persons with disabilities and the establishment of a free medical certificate of incapacity. It also refers to the adoption of the Plan on Equality of Opportunities for Persons with Disabilities.

While taking due note of the detailed information provided by the Government, the Committee notes that it does not give effect to the Convention. Indeed, these measures are intended to implement a policy of the development and integration of persons with disabilities, especially through employment, but do not concern children and young persons found by medical examination to be unsuited to certain types of work or to have physical handicaps or limitations. In this respect, the Committee reminds the Government that, under the terms of Article 6, paragraph 1, of the Convention, the competent authority must take appropriate measures for the vocational guidance and physical and vocational rehabilitation of children and young persons found by medical examination to be unsuited to certain types of work. Under the terms of Article 6, paragraph 2, cooperation shall be established between the labour, health, educational and social services, and effective liaison shall be maintained between these services. In this respect, the Committee refers to Paragraphs 9 and 10 of Recommendation No. 79, which contains additional indications on the measures to be taken by the national authority for the implementation of this Article of the Convention. The Committee urges the Government to take the necessary measures for the vocational guidance and physical and vocational rehabilitation of children and young persons found by medical examination to be unsuited to certain types of work. It also requests the Government to provide information on the measures adopted or envisaged to establish cooperation between the labour, health, educational and social services concerned, and effective liaison between these services.

Part V of the report form. Application of the Convention in practice. The Committee requests the Government to provide information on the application of the Convention in practice. It notes that the Government’s report does not contain any information in this respect. The Committee notes that, in its concluding observations of March 2006 (CRC/C/PER/CO/3, paragraph 62), the Committee on the Rights of the Child expressed deep concern at the information that hundreds of thousands of children and adolescents are in the labour market, marginalized from education and victims of exploitation and abuse. The Committee on the Rights of the Child further noted with concern that legislative provisions protecting children from economic exploitation are often violated and that children are exposed to dangerous or degrading work. In view of the above, the Committee once again requests the Government to provide information on the application of the Convention in practice, including statistical data on the number of children and young persons engaged in work and who have undergone the medical examinations provided for in the Convention, extracts of the reports of the inspection services and information on the number and nature of the infringements reported.

Noting the absence of information in the Government’s report, the Committee once again requests it to confirm whether Supreme Decree No. 006‑73-TR of 5 June 1973 establishing measures which give effect to most of the Articles of the Convention, is still in force.

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

The Committee notes that the information supplied by the Government on the impact that the earthquake which took place last August in its country has had on its capacity to submit its reports. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

With reference to its previous comments, the Committee noted that, according to the information supplied by the Government, the new Children and Young Persons Code provides in Chapter II, which concerns the policy and programmes for comprehensive care for children and young persons, that children and young persons with temporary or permanent disabilities have the right to special education and occupational training (section 36). The above programmes are to be carried out by the Ministry for the Advancement of Women and Human Development (PROMUDEH).

The Committee recalled that Article 6 of the Convention requires the competent authority to take appropriate measures for vocational guidance and physical and vocational rehabilitation of children and young persons found by medical examination to be unsuited to certain types of work or to have physical handicaps or limitations.

The Committee noted from the information supplied by the Government in its last report that there is a policy to develop programmes in the areas of: prevention, which guarantees adequate standards of living for children and young persons; promotion, to encourage their participation and that of their families and to develop their potential; protection, to ensure that they receive the necessary care when they are at risk; assistance, to cater to their needs in particularly difficult circumstances; and rehabilitation, to foster physical and mental recovery and provide them with specialized care.

While noting the above programmes, the Committee observed that none of them makes specific provision for measures to be taken for 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.

Since it has been raising this issue for many years, the Committee urges the Government to take specific and effective measures to give effect to Article 6 of the Convention, and to provide the relevant information in this regard.

The Committee would also be grateful if the Government would confirm whether Supreme Decree No. 006-73-TR of 5 June 1973 which lays down the provisions that are to give effect to most Articles of this Convention is still in force.

Lastly, the Committee asks the Government to provide, as Part V of the report form requires, statistics on the number of children and young persons who are in employment and have undergone the medical examinations provided for in the Convention; extracts of the reports of the inspection services concerning infringements reported and sanctions imposed; and any other information showing how the Convention is applied in practice, particularly the results of the programmes referred to in the Government’s report.

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

The Committee notes the information contained in the Government’s report, and the adoption of the new Children and Young Persons Code issued by Act No. 27337 of 2 August 2000.

With reference to its previous comments, the Committee notes that, according to the information supplied by the Government, the new Children and Young Persons Code provides in Chapter II, which concerns the policy and programmes for comprehensive care for children and young persons, that children and young persons with temporary or permanent disabilities have the right to special education and occupational training (section 36). The above programmes are to be carried out by the Ministry for the Advancement of Women and Human Development (PROMUDEH).

The Committee recalls that Article 6 of the Convention requires the competent authority to take appropriate measures for vocational guidance and physical and vocational rehabilitation of children and young persons found by medical examination to be unsuited to certain types of work or to have physical handicaps or limitations.

The Committee notes from the information supplied by the Government in its last report that there is a policy to develop programmes in the areas of: prevention, which guarantees adequate standards of living for children and young persons; promotion, to encourage their participation and that of their families and to develop their potential; protection, to ensure that they receive the necessary care when they are at risk; assistance, to cater to their needs in particularly difficult circumstances; and rehabilitation, to foster physical and mental recovery and provide them with specialized care.

While noting the above programmes, the Committee observes that none of them makes specific provision for measures to be taken for 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.

Since it has been raising this issue for many years, the Committee urges the Government to take specific and effective measures to give effect to Article 6 of the Convention, and to provide the relevant information in this regard.

The Committee would also be grateful if the Government would confirm whether Supreme Decree No. 006-73-TR of 5 June 1973 which lays down the provisions that are to give effect to most Articles of this Convention is still in force.

Lastly, the Committee asks the Government to provide, as Part V of the report form requires, statistics on the number of children and young persons who are in employment and have undergone the medical examinations provided for in the Convention; extracts of the reports of the inspection services concerning infringements reported and sanctions imposed; and any other information showing how the Convention is applied in practice, particularly the results of the programmes referred to in the Government’s report.

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

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

Article 6 of the Convention. In its previous comments, the Committee requested the Government to take the necessary measures to ensure that effect is given to paragraph 1 of this Article.

The Committee notes section 35 of the Children's and Young Persons' Code, to which the Government refers in its report, under which children and young persons with temporary or permanent physical or mental disabilities are entitled to receive care, specialized education and vocational training. The Committee notes that this Article refers to young persons with disabilities and requires the State to take measures in favour of young workers found by medical examination to be unsuited to certain types of work or to have physical handicaps or limitations. The Committee requests the Government to supply information on the progress achieved in this respect.

The Committee notes that section 72 of the above Code provides that the labour department of municipal councils shall establish special training programmes for the employment and vocational guidance of adolescent workers. The Committee requests the Government to supply information on the establishment of the above programmes, particularly where they include the physical and vocational rehabilitation of young persons found by medical examination to be unsuited to certain types of work.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

Article 6 of the Convention. The Committee notes the detailed information supplied by the Government in its report.

In its previous comments, the Committee noted that a new Minors Code was under examination and hoped that this revised text would provide an opportunity for the adoption of appropriate measures for the vocational guidance and physical and vocational rehabilitation of children and young persons found by medical examination to be unsuited to certain types of work or to have physical handicaps or limitations, in accordance with Article 6 of the Convention.

The Committee notes that Legislative Decree No. 26102, "the Children's and Young Persons' Code", was enacted on 28 December 1992 and will come into force 180 days after its enactment.

The Committee notes that the above Code does not contain provisions which give effect to Article 6 of the Convention.

The Committee requests the Government to take the necessary measures to ensure that the Convention is respected on this point and to supply information on any progress achieved in this respect.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters which were raised in its previous direct request.

Article 6 of the Convention. Further to its previous comments, the Committee noted, following the information supplied by the Government in its report received in 1989, the efforts made concerning the vocational guidance and the physical and vocational rehabilitation of the disabled, and particularly of minors. It referred in this connection, to its comments on the application of Convention No. 159.

The Committee also noted the action taken by the Government to accelerate the procedure for the adoption of the draft revision of the Children's Code by the legislative chambers. It trusts that it will be possible to adopt this Code in the near future and that the Code will determine the nature and extent of the appropriate measures that are to be taken for the vocational guidance and physical and vocational rehabilitation of children and young persons found by medical examination to be unsuited to certain types of work or to have physical handicaps or limitations. The Committee hopes that in its next report the Government will be able to supply replies to the questions that have been raised for several years.

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

Article 6 of the Convention. Further to its previous comments, the Committee notes the information supplied by the Government in its latest report. It notes in particular the efforts made concerning the vocational guidance and the physical and vocational rehabilitation of the disabled, and particularly of minors. It refers in this connection, to its comments on the application of Convention No. 159.

The Committee also notes the action taken by the Government to accelerate the procedure for the adoption of the draft revision of the Children's Code by the legislative chambers. It trusts that it will be possible to adopt this Code in the near future and that the Code will determine the nature and extent of the appropriate measures that are to be taken for the vocational guidance and physical and vocational rehabilitation of children and young persons found by medical examination to be unsuited to certain types of work or to have physical handicaps or limitations. The Committee hopes that in its next report the Government will be able to supply replies to the questions that have been raised for several years.