Solicitud directa (CEACR) - Adopción: 2001, Publicación: 90ª reunión CIT (2002)

Convenio sobre la protección de la salud y la asistencia médica (gente de mar), 1987 (núm. 164) - Brasil (Ratificación : 1997)

The Committee notes the Government’s report. It requests the Government to provide further information on the following points.

Article 1, paragraph 3, of the Convention. Please indicate whether any consultations have taken place pursuant to this provision of the Convention.

Article 1, paragraph 4. Please indicate whether the term "seafarer" is specifically defined in the legislation of Brazil.

Article 3. Please indicate specific provisions of national laws or regulations making shipowners responsible for keeping ships in proper sanitary and hygienic conditions.

Article 4, paragraphs (a)-(d). The Committee asks the Government to indicate: (i) what are the general provisions on occupational health protection and medical care that are applied to seafarers; (ii) to what extent the health protection and medical care provided to seafarers differ from those which are generally available to workers ashore; (iii) specific measures adopted to guarantee seafarers the right to visit a doctor without delay in ports of call where practicable; and (iv) specific provisions adopted to ensure that, in accordance with national law and practice, medical care and health protection while a seafarer is serving on articles are provided free of charge to seafarers.

Article 4, paragraph (e). Please describe measures of a preventive character and the health promotion and health education programmes that have been adopted in accordance with this provision.

Article 5, paragraphs 5-7. Please indicate how effect is given to these provisions of the Convention.

Article 7, paragraphs 1 and 2. Please provide details of the pre-arranged system for providing medical advice by radio and satellite and indicate whether medical advice, including the onward transmission of medical messages by radio or satellite communication between a ship and those ashore giving the advice, is available free of charge to all ships irrespective of the territory in which they are registered.

Article 7, paragraphs 4 and 5. Please provide details on the instruction of seafarers in the use of the ship’s medical guide and the medical section of the most recent edition of the International code of signals, and those on the training of doctors providing medical advice in accordance with Article 7 of the Convention.

Article 8, paragraph 2. Please indicate ships or classes of ships determined by national laws or regulations for the purpose of giving effect to this provision.

Article 9, paragraph 2(a) and (b). Please provide details of the courses referred to in these provisions.

Article 9, paragraphs 3-6. Please provide information on how effect is given to these provisions of the Convention.

Article 11, paragraph 2. Please indicate to what extent Article 11 of the Convention is applied to vessels between 200 and 500 gross tonnage and to tugs.

Article 11, paragraph 7. Please indicate the number of hospital berths prescribed by the competent authority for various categories of ships.

Article 13, paragraphs 1-3. The Committee asks the Government to provide specific information on matters covered by cooperation with other Members for which the Convention is in force as well as copies of relevant bilateral or multilateral agreements.

The Committee also asks the Government to indicate specific provisions of the national legislation giving effect to Article 5, paragraphs 1-4; Article 6, paragraph 1; Article 8, paragraph 1; Article 9, paragraph 1; Article 10; Article 11, paragraph 1; Article 11, paragraphs 4, 5, 6, 8 and 9; and Article 12, paragraphs 1 and 3, of the Convention.

Part IV of the report form. Please indicate whether courts of law or other tribunals have given decisions involving questions of principle relating to the application of the Convention.

Part V of the report form. The Committee asks the Government to give a general appreciation of the manner in which the Convention is applied in Brazil and information on the number of seafarers covered by the measures giving effect to the Convention, the number and nature of the contraventions reported, etc.

The Committee also asks the Government to provide copies of the following documents:

-  a copy of regulations on safety and health in maritime work (NRM) when officially adopted;

-  a sample copy of the medical guide adopted by the competent authority pursuant to Article 6;

-  sample copies of lists of radio stations and coast earth stations through which medical advice can be obtained, referred to in Article 7, paragraph 3; and

-  a sample copy of the medical report form required under Article 12.