Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Costa Rica (Ratification: 1962)

1. The Committee notes with interest the Bill concerning real equality for women which is currently being examined by the Legislative Assembly, in particular the sections concerning education and the creation of a Board for the protection of women.

The Committee notes that the above Bill contains no provisions guaranteeing equality among men and women in respect of working conditions and of remuneration for work of equal value, which is the principle set forth in Convention No. 100 which has also been ratified by Costa Rica.

The Committee hopes that it will be possible to include among the amendments still to be made to the above Bill provisions to guarantee specifically that women enjoy equality of opportunity and treatment in respect of access to employment and training (Convention No. 111 of the ILO), and receive equal remuneration for work of equal value (Convention No. 100 of the ILO).

2. The Committee notes that the chapter on sexual protection in the above Bill contains no provisions on sexual harassment in the place of work.

The Committee has taken note of the comments made in the publication "Unidad Sindical" by the Women Workers' Secretariat of the CUT concerning the Bill on real equality for women, in which the author refers to the existence of unequal wages and sexual blackmail in the field of employment.

In this connection, the Committee wishes to refer to paragraphs 45 and following of its General Survey of 1988 on Equality in Employment and Occupation, concerning sexual harassment as a particular form of discrimination on the basis of sex, and the threat that such harassment poses to stability of employment. In the above-mentioned paragraphs, the Committee has observed that recognition of the existence of sexual harassment in the place of work plays an important role in its elimination, but has given even greater attention to the adoption of appropriate legislative provisions in this field.

The range of provisions currently in force in a number of countries include provisions of a general nature which, for example, include sexual harassment among the types of conduct considered to be hostile acts by the employer or his or her representatives and which constitute a breach of the law on employment security. Other provisions consider such conduct as acts of discrimination which violate the legislative provisions concerning the protection of human rights.

For example, one such provision prescribes that nobody may be subjected to a sexual solicitation or advance made by a person in a position to confer, grant or deny a benefit or advancement where the person making the solicitation or advance knows or ought reasonably to know that it is unwelcome. Another such provision prescribes that nobody may be subjected to a reprisal for the rejection of a sexual solicitation or advance where the reprisal is made by a person in a position to confer, grant or deny a benefit or advancement to the person.

In some cases, provisions of a general nature are accompanied by provisions defining the types of behaviour considered to constitute sexual harassment, and the characteristics that must accompany an act of this nature, such as, that it must be justly perceived as a condition of employment or a precondition for employment.

In certain cases, provision is also made for machinery for denunciation, remedy and other procedures.

The above provisions do not prevent acts of sexual harassment from continuing to be pursued in the courts under provisions on indecent behaviour or rape.

The Committee requests the Government to examine the possibility of including in the chapter on sexual protection provisions to protect women workers against acts of sexual harassment in the place of work.

3. The Committee notes that section 17(b) of the Bill concerning real equality for women, communicated by the Government, refers to the United Nations Convention on the Elimination of All Forms of Discrimination against Women, also ratified by Costa Rica, but does not mention Conventions Nos. 100 and 111 of the ILO.

The Committee requests the Government to examine the possibility of completing section 17(b) of the Bill as follows:

To ensure observance of the United Nations Convention on the Elimination of All Forms of Discrimination against Women, Convention No. 111 of the ILO concerning discrimination in respect of employment and occupation, Convention No. 100 of the ILO equal remuneration for men and women workers for work of equal value, the Act concerning real equality for women and all related legislation.

The Committee requests the Government to provide a copy of the Act concerning real equality for women once it has been adopted.