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

Paraguay

Medical Examination of Young Persons (Industry) Convention, 1946 (No. 77) (Ratification: 1966)
Medical Examination of Young Persons (Non-Industrial Occupations) Convention, 1946 (No. 78) (Ratification: 1966)

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

Article 4(1) and (2) of Conventions Nos 77 and 78. Medical re-examination for fitness for employment until the age of 21 years. In its previous comments, the Committee requested the Government to take the necessary measures to supplement its legislation in order to establish, for occupations involving high health risks, the compulsory nature of the examination for fitness for employment and of re-examinations until at least the age of 21 years, in accordance with Article 4 of Conventions Nos 77 and 78. It also requested the Government to define the occupations or categories of occupations for which such an examination is required.

The Committee notes in the Government’s report that the Ministry of Health and Social Welfare, in the first half of 2019, supervised the various stages of the proposed amendment to sections 259–270 of Part IV of Decree No. 14390/1.992 on compulsory regular medical examinations for admission to employment. On 15 July 2019, the proposed amendment, formulated by an inter-institutional round table, was communicated to trade union confederations such as the Single Confederation of Workers, the National Confederation of Workers and the Industrial Union of Paraguay, and the Social Insurance Institute.

The Committee also notes that the report of the Directorate of Comprehensive Healthcare for Children and Young Persons (DIRSINA) indicates that the National Health Plan for Young Persons (2016–21) is in force, as well as other protocols and instruments for the protection of the health of working children or young people under 18 years of age. The Directorate also reports that physical and mental health certificates for work are valid for everyone, including young people from 15 to 18 years of age. The Committee requests the Government to indicate whether the proposed amendment to Decree No. 14390/1.992 takes into account the compulsory nature of the examination for fitness for employment and of re examinations until at least the age of 21 years, in occupations which involve high health risks, in accordance with Article 4 of Conventions Nos 77 and 78. It once again requests the Government to determine the occupations or categories of occupations for which such an examination is required.

Article 6. Application of the Conventions in practice. The Committee noted previously that the National Secretariat for the Rights of Persons with Disabilities (SENADIS) had carried out numerous activities, including the collection of statistical data, but that the Government had not provided any details on the statistics to which it referred. The Committee requested the Government to provide information on the infringements reported by the labour inspectorate and the penalties applied, as well as any other information concerning the application of the Conventions in practice.

The Committee notes that the Government refers to Act No. 6292 of 16 April 2019, which declares a state of emergency for persons with disabilities and envisages taking specific action on their behalf, with reference to Act No. 4720/012 establishing SENADIS with a mandate to coordinate action for people with disabilities. Section 20 of Act No. 4720/012 provides that persons with disabilities must register with the national register of persons with disabilities once they have received certification, and obtain a card from SENADIS in accordance with the applicable regulations. Organizations, persons and institutions that fail to comply with or that abuse the provisions of this Act are liable to penalties.

The Committee duly notes that according to the Government, SENADIS issued decision No. 648/19 to establish the internal procedures for the issuance of a disability certificate and that it also issued several other decisions in 2019 (No. 649/2019, No. 659/2019, No. 650/2019 and No. 734/2019) to decentralize the issuance of work certificates for persons with disabilities. During the first half of 2019, SENADIS issued 2,673 work certificates for persons with disabilities. In June 2019, a total of 2,071 persons with disabilities were working in the public sector, of whom 1,376 were men and 695 women.

The Committee also notes the programme implemented by the Ministry of Labour, Employment and Social Security (MTESS), SENADIS and the non-governmental organization Plan International, the objective of which is to improve the socio-economic conditions of 8,000 young people of between 15 and 29 years of age living in rural areas. The programme focuses mainly on the right to education and decent work, in the departments of Caaguazú, Paraguarí, Guairá y San Pedro. The programme includes SAPE’A 2.0 (“open your eyes” in Guaraní), a project implemented by the Children and Young Persons Protection Directorate in cooperation with non-governmental organization Saraki, which provides training courses to young people with disabilities, in addition to the courses provided by the National Vocational Education and Training System (SINAFOCAL).