Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Medical Examination of Young Persons (Non-Industrial Occupations) Convention, 1946 (No. 78) - Algeria (Ratification: 1962)

Articles 2(2) and 7(2)(a) of the Convention. Children engaged either on their own account or on account of their parents. In its previous comments the Committee noted that children engaged on their own account or on account of their parents, in itinerant trading, or in any other occupation carried out in the streets or in public places, were not subject to prior medical examination. The Government stated that such children and young persons are excluded from the scope of the Occupational Hygiene, Safety and Medicine Act, No. 88-07 of 26 January 1988 and its enabling regulations, including Executive Decree No. 93 120 of 15 May 1993 on the organization of occupational medicine. The Government also stated that Act No. 85-05 of 16 February 1985 on the protection and promotion of health allows these children access to free treatment through the national health sectors. While noting the information sent by the Government, the Committee recalled that, according to Article 7(2)(a) of the Convention, measures of identification shall be adopted for ensuring the application of the system of medical examination for fitness for employment to children and young persons engaged either on their own account or on account of their parents, in itinerant trading, or in any other occupation carried on in the streets or in public places (for example, a requirement for the person concerned to be in possession of a document recording the medical examination).

The Committee notes the information supplied by the Government to the effect that the matter of applying the prior medical examination to children and young persons engaged on their own account or on that of their parents, in itinerant trading, or any other occupation carried on in the streets or in public places will be dealt with in the context of the draft Labour Code. The Committee expresses the firm hope that the Government will take the necessary steps in the near future, in the context of the new draft Labour Code, to ensure the supervision of the application of the system of medical examination of fitness for employment to children and young persons engaged either on their own account or that of their parents, in itinerant trading, or in any other occupation carried on in the streets or in public places, in accordance with Article 7(2)(a) of the Convention. It requests the Government to provide information on this matter in its next report.