Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

1. Article 2, paragraph 1, of the Convention. (See under Convention No. 24, as follows:) 1. Article 2, paragraph 1, of the Convention. The Committee notes that the Government refers once again to the functional integration of the Ministry of Health and the Peruvian Institute of Social Security, in accordance with Presidential Decree No. 022-86-SA, which will make it possible to provide care for the whole population, whether it is insured or not, through the co-ordination and rational use of the resources of both organisations. The Committee once again expresses the hope that the above integration will make it possible to provide medical assistance throughout the national territory in order to protect all the workers covered by the Convention. It therefore requests the Government to continue supplying information on any progress achieved in this respect. 2. Article 4, paragraph 1. (See under Convention No. 24, as follows:) 2. Article 4, paragraph 1 (medical care). In its previous comments, the Committee drew the Government's attention to the fact that the Convention does not authorise the provision of medical assistance to be subject to any qualifying conditions. In its reply, the Government points out that section 18 of Legislative Decree No. 22482 of 27 March 1979, under which the prerequisite of three consecutive monthly contributions or four non-consecutive monthly contributions, has been substituted by Act No. 24620 of 24 December 1986. It adds that, since this latter Act empowers the Peruvian Institute of Social Security to determine the qualifying periods for insured persons to be entitled to the provision of medical care, in accordance with the characteristics of their work, it is possible to provide for the participation of the insured in the costs of the care, in accordance with Article 4, paragraph 2. The Committee notes this information. It points out that, although Article 4, paragraph 2, of the Convention authorises the participation by the insured in paying the cost of medical care, it does not authorise any qualifying conditions. It therefore hopes that the Government will take the necessary measures in order to abolish, in accordance with the Convention, any qualifying condition with regard to medical care. It once again requests the Government to supply copies of any regulations, rulings or any other text adopted by the Peruvian Institute of Social Security under Act No. 24620 referred to above. 3. With reference to its previous comments, the Committee requests the Government to report on the mission of the ILO expert referred to by the Government in its previous report.

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The Committee hopes that the Government will make every effort to take the necessary action in the very near future.