Demande directe (CEACR) - adoptée 2006, publiée 96ème session CIT (2007)

Article 2, paragraph 2, and Article 7, paragraph 2(a), of the Convention. Children engaged either on their own account or on account of their parents. In previous comments, the Committee noted that young persons 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 places to which the public have access are not subject to prior medical examination. The Government indicated that these children have access to care through the national health sectors. The Committee noted that sections 2 and 17 of Act No. 88-07 of 26 January 1988 on occupational health, safety and medicine [hereafter, Occupational Health, Safety and Medicine Act], read in conjunction with section 13 of Executive Decree No. 83-120 of 15 May 1993 on the organization of occupational medicine, seems to cover the abovementioned children and young persons also. It requested the Government to indicate whether the legislation does apply to this category of children and young people.

In its report, the Government states that 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 are excluded from the scope of the Occupational Hygiene, Safety and Medicine Act and the regulations adopted for its application. Furthermore, the Government indicates once again that Act No. 85-05 of 16 February 1985 regarding health protection and promotion allows these children access to free treatment through the national health sectors. While noting the information supplied by the Government, the Committee recalls once again that, under the terms of Article 7(2)(a) of the Convention, measures of identification are 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 in itinerant trading or in any other occupation carried on in the streets or in places to which the public have access (the person concerned must, for example, be in possession of a document recording the medical examination). The Committee therefore requests the Government to take the necessary measures in the very near future to ensure the application of the system of medical examination of 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, in accordance with Article 7(2)(a) of the Convention.