Demande directe (CEACR) - adoptée 2001, publiée 90ème session CIT (2002)

The Committee notes the information provided by the Government in its report.

Article 4 of the Convention. The Committee takes note that article 122 of the Code of Childhood and Adolescence provides that minors of 18 years of age but older than 16 years of age may be authorized to carry out unhealthy or dangerous work, in accordance with the conditions set down in the same article, including the medical examination of fitness, in accordance with article 127 of the Code. However, as the Government indicates in its report, there exist no provisions indicating that the medical examination shall be repeated until 21 years of age, in case the minors of that age are engaged in the abovementioned unhealthy or dangerous activities. The Committee requests the Government to take the necessary measures to ensure that minors under 21 years of age engaging in any of the works mentioned in article 122 of the Code of Childhood and Adolescence follow a periodical medical examination as provided for in the Convention.

Article 7, paragraph 2. The Committee takes note that in accordance with article 126 of the Code of Childhood and Adolescence, the employer shall hold a register with respect to all the minors employed containing the indications provided for in the same article. The Committee observes however, neither of the abovementioned exists in this Code nor the Labour Code, adopted in 1999, contain any provisions regarding the necessary measures of identification to guarantee the application of the system of medical examination of fitness to the minors engaged either on their own account or on account of their parents in itinerant trading or in any other occupation carried out on the streets or in places to which the public have access. The Committee requests the Government to take the necessary measures to give effect to these provisions of the Convention.

The Committee requests the Government to communicate information on the practical application of the Convention, for example, statistics indicating the number of minors working that have been submitted to a preliminary and periodical medical examination of fitness for work, including, for instance, extracts from official reports and information on the number and nature of the infringements observed and the sanctions imposed, etc. (Part V of the report form).