Demande directe (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

Convention (n° 164) sur la protection de la santé et les soins médicaux (gens de mer), 1987 - Mexique (Ratification: 1990)

Autre commentaire sur C164

Observation

Demande directe

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Article 4(c) of the Convention. Right to visit a medical doctor. Further to its previous comment, the Committee notes the Government’s reference to sections 26 and 27 of the Regulations to implement the General Health Act of 1985 that provide for medical services to be established in all international ports of the country. The Committee recalls, however, that this Article of the Convention seeks to guarantee the seafarers’ right to visit a doctor without delay in ports of call whether those of the flag State or of a third country. It therefore requests the Government to specify the legal provision, if any, giving effect to this requirement of the Convention. The Committee recalls, in this respect, that the same requirement has been incorporated in Standard A4.1(1)(c) of the Maritime Labour Convention, 2006 (MLC, 2006).

Article 5. Medicine chest. While noting the Government’s renewed reference to section 28 of the Regulations to implement the General Health Act and Mexican Official Standard NOM-005-STPS-1998, the Committee understands that there are no legislative or regulatory provisions giving effect to the specific requirements of Article 5(4) and (5) of the Convention, i.e. the inspection of the medicine chest at regular intervals not exceeding 12 months and the checking of the labelling, expiry dates and conditions of storage of all medicines contained in the medicine chest. It therefore requests the Government to take the necessary measures in order to bring the national legislation into line with the Convention on these matters. The Committee recalls, in this respect, that the same provisions are reflected in Guideline B4.1.1(4) of the MLC, 2006.

Article 7. Medical advice by radio or satellite communication. In the absence of the Government’s reply on this point, the Committee once again requests the Government to indicate how it is ensured that medical advice is available to ships at sea at any hour of the day or night (Article 7(1)), that such advice is available free of charge to all ships (Article 7(2)), that ships carry complete list of radio stations or coast earth stations through which medical advice can be obtained (Article 7(3)), that seafarers onboard are instructed in the use of the ship’s medical guide (Article 7(4)), and that doctors providing medical advice receive appropriate training (Article 7(5)). The Committee recalls, in this respect, that similar provisions have been incorporated in Standard A4.1(4)(d) and Guideline B4.1.1(6) of the MLC, 2006.

Article 8. Medical doctor on board ships. The Committee recalls that under section 81 of the Regulations on ship inspection of 1945, a vessel transporting more than 50 persons and engaged in a voyage of more than 24 hours is required to have a medical surgeon onboard. The Committee requests the Government to indicate whether these regulations are still in effect and also to specify whether the presence of a medical practitioner onboard a ship is required under any other circumstances. The Committee recalls, in this respect, that under Standard A4.1(4)(b) of the MLC, 2006, ships carrying 100 or more persons and ordinarily engaged on international voyages of more than three days’ duration must carry a qualified medical doctor.

Article 9. Persons in charge of medical care. The Committee notes that the Government’s report replies only partially to the points previously raised with respect to this Article of the Convention. The Committee accordingly requests the Government to provide detailed information on the medical training courses for persons in charge of medical care onboard who are not doctors (Article 9(2)), and any refresher courses that those persons are required to undergo at regular intervals to enable them to maintain and increase knowledge and skills (Article 9(4)). The Committee recalls, in this respect, that similar provisions have been incorporated in Standard A4.1(4)(c) and Guideline B4.1.1(3) of the MLC, 2006.

Article 11. Hospital accommodation. The Committee has been drawing the Government’s attention to the fact that there seem to be no specific provisions in the national legislation requiring ships of 500 or more gross tons carrying 15 or more seafarers and engaged in a voyage of more than three days’ duration to provide separate hospital accommodation and detailing the construction and equipment standards for such accommodation. The Committee therefore requests the Government to indicate any laws or regulations giving effect to the specific requirements of this Article of the Convention. The Committee recalls, in this respect, that similar provisions for newly constructed ships have been incorporated in Standard A3.1(12) and Guideline B3.1.8 of the MLC, 2006.

Part V of the report form. Application in practice. The Committee requests the Government to provide information concerning the practical application of the Convention, including, for instance, the approximate number of seafarers covered by the measures giving effect to the Convention, relevant extracts from applicable collective agreements, and copies of inspection reports showing the number and nature of any infringements observed and action taken.

Finally, the Committee recalls that the latest edition of the International Medical Guide for Ships was published by the World Health Organization (WHO) in 2007, and that an addendum concerning the contents of ships’ medicine chests was published in 2010.