Observation (CEACR) - adoptée 1995, publiée 82ème session CIT (1995)

Article 2, paragraph 2, of the Convention (in conjunction with Article 3, paragraph 2). With reference to its previous comments, the Committee notes with interest that under section 23 of the new Constitution promulgated on 4 September 1992 foreigners and stateless persons benefit in the national territory from the same rights, liberties and guarantees and are subject to the same obligations as nationals, with the exception of political rights and those reserved by the Constitution or the law to nationals. Therefore, the condition of reciprocity provided for by section 26 of the former Constitution has been repealed.

With regard to section 14 of the Civil Code and section 3, paragraph 1, of Legislative Decree No. 84/78 respecting compulsory occupational accident insurance, under which foreign workers are not considered to be in a similar situation to nationals unless there is a reciprocal arrangement with their respective country, the Committee also takes due note of the Government's intention to adopt the necessary measures in order to bring this legislation in line with the Convention. The Committee therefore once again hopes that these measures will be adopted soon so as to eliminate, in conformity with the Convention, all conditions of reciprocity in the field of compensation for occupational accidents established by the above-mentioned legislation.