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.