Observation (CEACR) - adoptée 1993, publiée 80ème session CIT (1993)

In its previous comments, the Committee noted the allegations made by the Nurses' Association of Uruguay that Decree No. 310/991 of 27 November 1991, establishing a nurse's diploma issued by the School of Health of the Ministry of Public Health, was adopted without the persons concerned being consulted and does not solve the problem of the lack of professional nurses, the main causes of which are low wages and hard working conditions.

The Committee takes note of the detailed information supplied by the Government. It notes that Decree No. 310/991 establishes a "degree in nursing care" which can be obtained in four years by persons who have completed their secondary education (sections 1 and 2) and an intermediate diploma in technical assistance in nursing which can be obtained in two years (section 3). The Decree defines the tasks which may be carried out by nurses and technical assistants (sections 4 and 5). It also establishes, provisionally and exceptionally, further training and refresher courses for auxiliary nurses who have qualified at the School of Health and who have practised for ten years. These courses last 18 months and lead to a "degree in nursing care" (sections 6, 7 and 8). Persons who have obtained their qualifications at the School of Health will be given preference in the competitive examinations for entry to the Ministry of Public Health (section 12). Lastly, the education provided by the School of Health shall be coordinated with and complementary to that provided by the University and other institutions pursuing the same ends (section 13).

The Committee notes that the provisions of Decree No. 310/991 give effect to Articles 2, paragraph 2(a) and 3 of the Convention. The Committee recalls, however, that under Article 2 of the Convention, the policy concerning nursing services and nursing personnel which must include the necessary measures to provide nursing personnel with education and training appropriate to the exercise of their functions shall be formulated in consultation with the employers' and workers' organizations concerned. The Committee notes that in its detailed explanations the Government does not indicate whether such consultations were held prior to the adoption of Decree No. 310/991 or refer to the results thereof.

The Committee asks the Government to indicate the measures that have been taken to ensure that the employers' and workers' organizations concerned are consulted, in accordance with the provisions of the Convention, particularly with regard to Article 2, paragraphs 3 and 4 and Article 5, paragraph 1, of the Convention.

The Committee raises another question concerning the application of Article 2, paragraph 2(b), in a request addressed directly to the Government.