Solicitud directa (CEACR) - Adopción: 2021, Publicación: 110ª reunión CIT (2022)

Argelia

Convenio sobre el examen médico de los menores (industria), 1946 (núm. 77) (Ratificación : 1962)
Convenio sobre el examen médico de los menores (trabajos no industriales), 1946 (núm. 78) (Ratificación : 1962)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on medical examination of young persons, the Committee considers it appropriate to examine Conventions Nos 77 (industry) and 78 (non-industrial occupations) together.

Article 6 of Convention No. 77. Vocational guidance and physical and vocational rehabilitation of children and young persons found to be unsuited to work. In its previous comments, the Committee requested the Government to indicate measures taken for the physical and vocational rehabilitation of children and young persons found by medical examination to be unsuited to certain types of work. The Committee notes the Government’s reference in its report to the Act No. 02-09 of May 8, 2002 concerning the protection and promotion of persons with disabilities, which aims, amongst others, to provide compulsory education and vocational training for children and young persons with disabilities (section 3(4)). Pursuant to section 16 of the Act No. 02-09 of May 8, 2002, vocational training for persons with disabilities is carried out free of charge in specialized establishments that can also provide accommodation and psychosocial support and medical treatment in coordination with parents of persons with disability and relevant bodies. The Committee further observes from the website of the Ministry of Vocational Training and Education of Algeria that persons with disabilities can be also provided with distance learning and apprenticeship programmes and that priority for accessing vocational training programmes is given to young persons with disabilities.

Articles 2(2) and 7(2)(a) of Convention No. 78. Children engaged either on their own account or on account of their parents. The Committee previously 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, owing to the fact that they are excluded from the scope of the Occupational Hygiene, Safety and Medicine Act (No. 88-07 of 26 January 1988) and its implementing regulations, including the Executive Decree concerning the organization of occupational medicine.

The Government indicates in its reply that labour inspectors carry out monitoring of the application of labour legislation relating to the protection of young persons. However, the Committee recalls that, pursuant to Article 7(2)(a) of the Convention, national laws or regulations shall determine the measures of identification to 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 (for example, a requirement for the person concerned to be in possession of a document recording the medical examination). The Committee therefore once again requests the Government to take the necessary measures to ensure that measures of identification are adopted in national laws or regulations with a view to 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 places to which the public have access.