Workers with Family Responsibilities Convention, 1981 (No. 156) - Paraguay (Ratification: 2007)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Article 3 of the Convention. National policy. The Committee notes the process for the development of the National Care Policy and System of Paraguay under the National Social Protection System, for which a framework document and a preliminary bill have been drafted. The Committee notes that the National Care Policy framework document recognizes the importance of taking into account the country’s multicultural diversity and of including specific proposals from an intercultural and human-rights based perspective. The Committee further observes that the National Plan for Equality between Women and Men (2018–2024) identifies the heavy burden of family responsibilities, both reproductive and care-related, borne by women as an obstacle to empowerment in decision-making, and establishes as an objective the equal distribution of responsibilities in the family, through initiatives by public institutions and private enterprises. The Committee requests the Government to provide information on:

• (i)progress achieved in the institution-building process of the National Care Policy and System of Paraguay; and
• (ii)any other measures in place with a view to giving full effect to this Article of the Convention and the results obtained, especially with regard to promoting the equal distribution of care and family responsibilities between men and women. 

Article 4. Equality in terms and conditions of employment. The Committee notes the adoption of Decree No. 7550 of 2017 regulating Law No. 5508 and providing for the establishment of breastfeeding rooms in workplaces, as well as the preliminary bill establishing a compulsory leave from work scheme for the care of children and adolescents with a serious health condition or serious illness. Furthermore, the Government refers to Decision No. 080-012/18, pursuant to which the children of insured workers who have reached the age of majority and who have a disability can continue to be covered by Social Security by submitting a sworn statement before the date on which they reach the age of 18 years. With regard to the statistical information requested by the Committee, the Committee observes that the platform Atlas de Género (Gender Atlas) to which the report refers does not contain information on the number of workers with family responsibilities who make use of the measures to which this Article refers. The Committee requests the Government to provide information and statistical data, disaggregated by sex, that would make it possible to assess the impact of the measures adopted with a view to enabling men and women workers with family responsibilities to enjoy the same opportunities as other workers, such as flexible working time measures, part-time work, work from home or leave to care for dependent children or other members of their immediate family who need their care or support. The Committee requests the Government to provide information on the preliminary bill establishing a compulsory leave from work scheme for the care of children and adolescents with a serious health condition or serious illness and to send a copy of the law once adopted.

Article 5. Services and facilities for the care of children and other family members. The Committee notes Ministry of Labour, Employment and Social Security (MTESS) Decision No. 519/18 regulating section 134 of the Labour Code on the provision of childcare facilities in workplaces or through outsourced enterprises, as well as the existence of Child and Family Welfare Centres (CEBINFA) and of municipal creches in Asunción. The Committee further notes the assistance provided by the Women’s City service and the establishment of workplace creches in selected public institutions. The Committee requests the Government to continue providing information on the specific measures adopted to establish community services, public or private, for the care of other members of the family.

Article 6. Appropriate measures to promote broader understanding of the principle of equality of opportunity and treatment for men and women workers and of the problems of workers with family responsibilities. The Committee notes that the MTESS disseminates information on women’s rights through materials such as the Bill of Rights. The Committee requests the Government to continue providing information on the awareness-raising and information measures adopted.

Article 7. Vocational guidance and training. The Committee notes the existence of the Public Employment Service Job Board, which offers courses to upgrade workers’ skills, the Entrepreneurship Training Centre and a labour exchange. The Committee refers to paragraph 116 of its General Survey of 1993 regarding flexibility in the design, delivery and location of training courses in order to accommodate the needs of workers with family responsibilities. The Committee requests the Government to provide information on the specific vocational guidance and training measures adopted to ensure that workers with family responsibilities can become and remain integrated in the labour force, as well as re-enter it after an absence due to family responsibilities.

Article 9. Collective agreements. The Committee notes that, since 2021, MTESS has been broadcasting Cómo mejorar la negociación colectiva en Paraguay (How to enhance collective bargaining in Paraguay) on the Citizens’ Channel and including the suggestion to incorporate topics linked to family responsibilities in collective bargaining processes. The Committee encourages the Government to continue promoting the inclusion of matters related to equality for workers with family responsibilities in collective agreements, and to provide information on any developments. The Committee further requests the Government to provide copies of collective agreements, where possible.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Article 1(2) of the Convention. Scope of application. In its previous comments, the Committee noted the Government’s indication that the national legislation considers “dependent children” to be those under 18 years of age, and it requested the Government to indicate whether there were other provisions under which the Convention is applicable to other members of the immediate family of the worker who clearly need the worker’s care or support, as set out in Article 1(2) of the Convention. The Committee notes the Government’s indication in its report that the national legislation also applies to persons over 18 years of age affected by physical or mental disability. In this respect, the Government refers to section 262 of the Labour Code, which provides for the payment of family allowances “without age limits for [children] with total physical or mental disability”. The Government adds that fathers, mothers or legal representatives, who have responsibility for persons with disabilities or upon whom persons with disabilities are economically dependent, are protected by Act No. 4720, of 4 October 2012, establishing the National Secretariat for the Human Rights of Persons with Disabilities (SENADIS) (section 18). The Committee notes in particular that the Act provides that the SENADIS shall, among other measures, plan action to strengthen care and integration programmes for persons with disabilities.

Article 3. National policy. In its previous comments, the Committee requested the Government to continue providing information on the measures adopted or envisaged within the context of the national equality policy to enable persons with family responsibilities, men and women, who are engaged in or wish to be engaged in employment to exercise their right to do so without being subject to discrimination, and to indicate the impact of these measures on the application of the Convention. The Committee notes the reference by the Government to the Third National Plan for Equality of Opportunity for Men and Women (2008–17) and notes that the Plan envisaged, among other measures, the revision of the legislation and the formulation of proposals to promote the exercise of the rights and shared responsibilities of mothers and fathers in the family context (point 4.2). The Committee also notes the reference by the Government to the National Human Rights Plan, drawn up by the Human Rights Network of the executive authorities, which has entered its implementation phase with Decree No. 10747, of 6 March 2013, which provides, among priority strategies, for the promotion of action under the Convention. The Committee also notes that the Ministry of Women, in the report that was attached to the Government’s report, recognizes that the heavy burden of family responsibilities, as well as the lack of support for the reconciliation of work and family responsibilities, are the reasons for the persistence of inequalities in work to the prejudice of women. In this regard, the Committee also notes that, in its concluding observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) expressed concern at the inequitable distribution of domestic and care work between women and men (CEDAW/C/PRY/CO/7, 22 November 2017, paragraph 34). In this respect, the Committee wishes to emphasize the importance for the application of the principles of the Convention of measures which “promote widespread acceptance of the notion that the family is the concern of each individual, man and woman, and that society must enable all persons with dependants both to exercise their responsibilities and to participate fully in the labour force” (see 1993 General Survey, workers with family responsibilities, paragraph 90). The Committee therefore requests the Government to provide specific information on the measures adopted within the context of the National Plan for Equality of Opportunity for Men and Women and the National Human Rights Plan, and on any other measures adopted with a view to giving full effect to this Article of the Convention, and the results achieved.

Article 4. Equality in terms and conditions of employment. The Committee recalls that in its previous comments, it requested the Government to indicate: (i) the manner in which the measures adopted in relation to the intensive implementation of public investment works, to which it referred in its report, were related to the implementation of the Convention; and (ii) whether measures had been adopted or were envisaged to enable men and women workers with family responsibilities who are engaged in or wish to engage in employment to enjoy the same opportunities as other workers, without being subject to discrimination. The Committee notes the Government’s indication that: (1) the Ministry of Public Works has promoted various programmes with a gender perspective, such as the Programme for the Improvement, Management and Maintenance of the Road Network in Paraguay; and (2) Act No. 5508, of 28 October 2015, on the promotion of maternity and support for nursing mothers was adopted, which applies to the public and private sectors, and which among other measures: (i) extends maternity leave from twelve to 18 weeks (sections 11 and 13(a)), also in cases of adoption; (ii) also extends paternity leave from two days to two weeks (section 13(b)); and (iii) lengthens daily nursing breaks from 60 to 90 minutes (section 14). The Committee also notes that, according to the report of the Directorate for the Promotion of Working Women forwarded by the Government, that the Directorate, in collaboration with the General Directorate of Labour Inspection, has been monitoring the creation of nursing rooms by enterprises. Further, the Committee notes that specific information has not been provided on any measures adopted in the context of the public works programmes referred to by the Government to enable men and women workers with family responsibilities to have access to employment, taking into account their needs in relation to terms and conditions of employment and in social security. Under these conditions, the Committee requests the Government to continue providing information on the measures that have been adopted or are envisaged to enable men and women workers with family responsibilities who are engaged in or wish to be engaged in employment to enjoy the same opportunities as other workers, such as greater flexibility of working hours, part-time work, home work or leave of absence to care for children or another member of their immediate family who needs their care or support. Please also provide statistical data, disaggregated by gender, on the number of workers with family responsibilities who avail themselves of these measures.

Article 5. Services and facilities for the care of children and other family members. In its previous comments, the Committee requested the Government to continue providing information on any progress made in the creation of crèches, and on any other measures adopted to take into account the needs of workers with family responsibilities. The Committee notes the Government’s indication that the Directorate for the Promotion of Working Women is continuing to promote the opening of crèches in both the public and the private sectors, and provides advice on any requirements for their establishment. The Committee also notes that, according to the report by the Directorate forwarded with the Government’s report, plans include: (i) South–South cooperation with a view to learning from the experience of the implementation of the national system of care services in Uruguay; and (ii) the holding of a regional seminar on the Convention with a view to exchanging experience on its application and drawing up short-, medium- and long-term action, particularly in relation to care policies. The Committee further notes that, according to the report of the Ministry of Women, forwarded with the Government’s report, an analysis has been prepared of the situation with regard to care in public policies, with recommendations and action proposals for the development of policies on the subject. The Committee also notes that the National Plan of Action on the Rights of Persons with Disabilities (2015–30), referred to by the Government, envisages the revision of the regulations in force on the subsidy for families and residential care centres for girls, boys and young persons with disabilities (point 6.2), and the inclusion of care for adults with disabilities in existing social protection services (point 10.3). While noting all this information, the Committee encourages the Government to continue taking measures to give full effect to the provisions of the Convention and to provide information on any progress made in the adoption and implementation of care policies and the measures adopted or envisaged in this respect, including information on the assistance services introduced in accordance with the National Plan of Action on the Rights of Persons with Disabilities (2015–30).

Article 6. Appropriate measures to promote broader understanding of the principle of equality of opportunity and treatment for men and women workers and of the problems of workers with family responsibilities. The Committee notes that the Government refers to public information campaigns to promote the equitable sharing of family and domestic responsibilities between men and women, which were envisaged in the Third National Plan for Equality of Opportunity for Men and Women (2008–17). The Committee further notes the training and awareness-raising activities for judicial employees, university students, business and trade union leaders, among others, referred to by the Ministry of Women in its report. The Committee requests the Government to continue providing information on the awareness-raising and information measures adopted to promote broader public understanding of the principle of equality of opportunity and treatment for men and women workers and of the problems of workers with family responsibilities.

Article 7. Vocational guidance and training. While noting the information provided by the Government on the training courses provided by the National Vocational Support Service and the National Vocational Training and Skills System (SINAFOCAL), the Committee requests the Government to provide information on the specific vocational guidance and training measures adopted to ensure that workers with family responsibilities can become and remain integrated in the labour force, as well as re-enter it after an absence due to family responsibilities.

Article 9. Collective agreements. In its previous comments, the Committee requested the Government to indicate whether progress had been made in the application of the Convention through collective bargaining. The Committee notes the interest shown by trade unions in the establishment of childcare facilities in enterprises. The Committee requests the Government to provide information on any progress made in the application of the Convention through collective bargaining in such areas as the recognition of the right to parental leave in the case of adoption, special leave for illness or to care for children, leave to care for other family members or to promote greater flexibility in the length of leave, the establishment of childcare facilities in enterprises with an indication of the enterprises and sectors concerned. Please also provide copies of collective agreements.

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

Article 1 of the Convention. Definitions. The Committee notes that, according to the Government, the legislation considers “dependent children” to be those under 18 years, at which age they acquire their “majority”. The Committee requests the Government to indicate whether there are other provisions under which the Convention would apply to other members of the worker’s immediate family who clearly need care or support, as provided for under Article 1(2) of the Convention.

Article 3. National policy. The Committee notes that the Government has adopted measures to ensure that the National Tripartite Commission for Equal Opportunities (CTIO) might have more success in incorporating the gender dimension in draft legislation. The Government also points out that workshops on the implementation of the Convention have been held in cooperatives and in the Vice Ministry for Labour and Social Security, and that activities to promote awareness of the situation of working mothers have been organized. The Committee requests the Government to continue providing information on the measures adopted or envisaged as part of the national equal opportunities policy to enable persons with family responsibilities who are engaged or wish to engage in employment to exercise their right to do so without being subject to discrimination, and to indicate the impact of such measures on the enforcement of the Convention.

Article 4. Conditions of employment and social security. The Committee notes that the Government, according to its report, is encouraging the establishment and capacity building of micro-enterprises or neighbourhood groups within the community to carry out large scale public investment programmes, in which work for women is promoted. The Committee recalls in this respect that the objective of the Convention is to promote equality of opportunity and treatment for men and women workers with family responsibilities, as well between these workers and others. The Committee requests the Government to indicate in what manner the measures already adopted in connection with the wide scale implementation of public investment works are connected to the implementation of the Convention. The Committee also asks the Government whether it has adopted or is envisaging adopting, either in the public or private sector, other measures, such as training or vocational training, flexibilization of working hours, part-time work, homework or leave of absence to take care of children, which would enable men and women workers with family responsibilities who are engaged or wish to engage in employment to enjoy the same opportunities as other workers, without being the subject of discrimination.

Article 5. Childcare services and facilities. The Committee notes from the Government’s report that the CTIO has promoted the setting up of day care centres for the children of men and women workers, both in the public and private sectors. The Committee requests the Government to continue providing information on any progress made in this respect, as well as on any other measures adopted that are compatible with national conditions and possibilities, to take account of the needs of workers with family responsibilities.

Article 6. Information and education. The Committee notes that the Government refers to a number of measures to be adopted including: the participation of the CTIO in discussions on legislative changes connected with the situation of women workers; the organization of workshops on these legislative changes and social security; the training of trainers and advocates of human rights and equal opportunity; and the creation of facilities for gender training in the community. The Committee requests the Government to send additional information on the practical application of these measures and their impact on the promotion of ways to ensure a better sharing of family responsibilities between men and women and a better awareness of the principles of the Convention.

Article 7. Vocational guidance and training. The Committee notes the general information submitted by the Government on training objectives. The Committee requests the Government once again to supply more detailed information on the programmes implemented to tackle the difficulties faced by workers with family responsibilities in acquiring or perfecting the necessary qualifications for finding employment. The Committee also requests the Government to provide information on the measures taken to ensure that the staff of vocational guidance, advisory and information services, and also those of placement services, receive appropriate training with regard to the elimination of discrimination, so that they can adequately respond to the special needs of workers with family responsibilities.

Article 9. Collective agreements. The Committee requests the Government to state whether progress has been made in the application of the Convention through collective bargaining on subjects such as the recognition of the right to parental leave in the case of adoption, special leave for sickness or for taking care of children and leave related to the care of other family members, or on the promotion of greater flexibility in the length of leave.

Part V of the report form. The Committee requests the Government to continue sending statistical information on the number of workers with family responsibilities, by branch of activity who are in employment or who are seeking employment, disaggregated by sex.

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

The Committee notes the information supplied by the Government in its first report and requests it to provide information on the following points in its next report.

Article 1 of the Convention. Definitions. The Committee requests the Government to provide information on the definition of the term “dependent child” with regard to the application of the Convention, including specific criteria such as age, legal relationship to the worker, place of residence and other elements taken into account for determining the concept of dependence. It also requests the Government to provide information on the definition of the term “other members of their immediate family”.

Article 3. National policy. The Committee notes the legal provisions whose purpose is to secure recognition of the particular social and biological function of the mother and guarantee, firstly, the protection of the health of future mothers and their children and, secondly, the protection of women against discrimination on the basis of their role of mother, including leave related to maternity, sickness or complications arising from confinement or nursing, and also other forms of protection of conditions of employment and the organization of hours of work. The Committee reminds the Government that, in order to ensure an adequate application of the Convention, it is important that measures are taken to ensure that family responsibilities do not restrict the possibilities of men or women for preparing for, entering, participating in or advancing in economic activity.

In this context, the Committee notes that the third National Plan for equal opportunities for women and men (2008–17) provides for the revision of the legislation and formulation of proposals to promote the sharing of rights and responsibilities between the mother and the father in the family environment. The Committee requests the Government to supply information on the progress made regarding the revision of the legislation and the formulation of proposals to enable persons with family responsibilities (women and men) who are engaged or wish to engage in employment to exercise their right to do so without being subject to discrimination and, to the extent possible, without conflict between their employment and family responsibilities.

The Committee notes that the report does not contain any information on the application of the terms of the Convention to other members of the immediate family who clearly need care or support and which are not specifically included in the National Plan. The Committee requests the Government to describe the measures being taken to cover persons with responsibilities in relation to other members of their immediate family who clearly need their care or support.

Public sector. The Committee notes the indication in the Government’s report that there is flexibility in the public sector with regard to forms of leave for officials with family responsibilities. The Committee requests the Government to supply further information regarding the forms of leave to which public sector officials are entitled in relation to family responsibilities, both for dependent children and other family members, and other measures being implemented, including paternity leave, as a constitutional right established by article 89 of the Constitution to enable officials with family responsibilities to reconcile work and family life.

Article 4. Conditions of employment. The Committee wishes to refer the Government to Part IV of the Workers with Family Responsibilities Recommendation, 1981 (No. 165), and paragraphs 128–191 of the General Survey of 1993 on workers with family responsibilities, with a view to considering the adoption of measures relating to conditions of employment and social security which take into account the needs of men and women workers with family responsibilities. The Committee requests the Government to provide information on any measures taken in this respect.

Article 5. Childcare services and facilities. The Committee notes that section 134(2) of the Labour Code states that industrial or commercial undertakings in which more than 50 workers of either sex are employed shall be obliged to provide rooms or crèches for the care of children under two years of age, where the latter will be looked after during the working hours of the father or mother. The Committee also notes that the National Plan provides for the implementation of support services – such as high-quality, flexible and affordable crèches – which cater to the needs of workers of both sexes, and that initiatives will be promoted aimed at reconciling work and family life for both women and men. The Committee requests the Government to supply information on the measures being taken to promote plans for the systematic development of childcare and family services and facilities. The Committee also requests the Government to provide information on the number and nature of community childcare and family services and facilities.

Article 6. Information and education. The Government states in its report that a substantial dissemination and awareness-raising process is in progress with regard to the scope, implications and benefits of the Convention’s application, specifically within the National Tripartite Commission for Equal Opportunities (CTIO). The Committee notes that the objectives of the National Plan include conducting public communication campaigns which present a balanced image of women’s and men’s roles in society, which promote flexibility in the roles of men and women in the public and private spheres and the fair distribution of responsibilities in household and family chores. The Committee requests the Government to provide information on progress made in promoting a better sharing of family responsibility between men and women, and in raising public awareness so as to enable all persons with dependent family members to assume their responsibilities and participate fully in the workforce.

Article 7. Vocational guidance and training. The Committee notes the Government’s indication that there are various institutes of vocational training with timetables geared to family responsibilities, specifically the National Service for Occupational Advancement (SNPP) and the Institute of Private Training. The Committee requests the Government to supply further information on the programmes implemented to tackle the difficulties faced by workers with family responsibilities in acquiring or perfecting the necessary skills and finding employment. It also requests the Government to provide information on the measures taken to ensure that the staff of vocational guidance, advisory and information services, and also those of placement services, receive appropriate training with regard to the elimination of discrimination, so that they can effectively perform their role with respect to workers with family responsibilities.

Article 9. Collective agreements. The Committee requests the Government to provide further information regarding progress made through collective bargaining in the area of family responsibilities, on subjects including recognition of the right to parental leave in cases of adoption, special leave for sickness or for taking care of children and leave related to the care of other family members, or on promoting greater flexibility in the length of leave.

Article 10. The Committee notes that the Government has not indicated its intention to apply the provisions of the Convention by stages.

Part V of the report form. The Committee also requests the Government to provide, as far as possible, statistical information, disaggregated by sex, on the number of workers with family responsibilities who are in employment or are seeking employment.