Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

Maternity Protection Convention (Revised), 1952 (No. 103) - Chile (Ratification: 1994)

The Committee notes the information provided by the Government in its first report. It draws the attention of the Government and requests it to supply additional information on the following points.

Article 4, paragraph 3. As the Committee had occasion to emphasize within the framework of the application of Convention No. 3, section 30, paragraphs 2 and 4, of Act No. 18.469 of 1985 fixing state participation in the cost of medical care during confinement for beneficiaries whose income exceeds a certain amount (categories C and D) at a minimum of 75 per cent, does not enable this provision of the Convention to be fully applied. The Committee recalls that the Convention guarantees ipso jure, for all women within its scope fulfilling the required conditions, free medical benefits including prenatal, confinement and postnatal care. Consequently, the Committee hopes that the Government will take the necessary measures to increase state participation in the cost of medical care during confinement for women belonging to categories C and D to 100 per cent.

In addition, the Committee would be grateful if the Government would indicate the extent to which a doctor and a medical establishment may be freely chosen, taking into account the provisions of section 11, paragraph 3, of Act No. 18.469 referred to above.

Article 4, paragraph 5. Please indicate the measures taken or envisaged to ensure the application of this provision of the Convention for women who, since they do not fulfil the condition of affiliation of six months and of three months of contributions during the prescribed period, are not entitled to financial benefits (section 4 of DFL No. 44 of 1978). In particular, the Committee would be grateful if the Government would specify the rates of all assistance benefits which may be paid to them and the relevant legislative provisions.