Demande directe (CEACR) - adoptée 1990, publiée 77ème session CIT (1990)

Article 4, paragraphs 1, 3, 4 and 5. 1. In reply to the Committee's previous comments concerning medical assistance in the event of maternity, the Government indicates that women workers in the public sector may choose between the services provided by the Social Insurance Bank and private collective medical assistance institutions which are governed by the regulations issued under Act No. 15.181 of 18 August 1981. It adds that the fact of being a member of a private mutual benefit society does not exclude the possibility of having recourse to public services. Furthermore, the Government also refers to the fact that many public bodies have concluded collective agreements with private mutual benefit societies so that officials enjoy full rights from their affiliation.

The Committee takes due note of this information. It notes, however, that by virtue of section 27 of Decree No. 457/988 of 12 July 1988 to establish the right of all residents to become members of collective medical assistance institutions, it is provided that women workers cannot enjoy full rights to medical care in the event of maternity unless they have completed a waiting period of 300 days by the date of confinement. In this connection, the Committee points out that Article 4, paragraph 4, of the Convention provides that medical benefits (and indeed, cash benefits) shall be provided either by means of compulsory social insurance or by means of public funds and that in either case they shall be provided as a matter of right to all women who comply with the prescribed conditions. Furthermore, Article 4, paragraph 5, provides that women who fail to qualify for benefits provided as a matter of right shall be entitled, subject to the means test required for social assistance, to adequate benefits out of social assistance funds.

The Committee would therefore be grateful if the Government would supply with its next report: (a) the text of legal provisions providing for the right of women workers in the public sector to enjoy medical assistance in the event of maternity provided by the services administered by the Social Insurance Bank, particularly in cases where they do not meet the conditions concerning the waiting period set out in section 27 of the above Decree No. 457/988; (b) the text of legal provisions setting out the nature of the pre-natal care, care during confinement and post-natal care provided by the services administered by the Social Insurance Bank; and (c) by way of illustration, certain of the collective agreements referred to by the Government which have been concluded by public bodies with private mutual benefit societies.

2. The Committee would be grateful if the Government would indicate the extent to which the provisions of Decree No. 90/983 of 22 March 1983 are still in force, in view of section 54 of Decree No. 457/988, referred to above.