Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

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

1. Discrimination on the basis of sex. The Committee notes the information provided in the Government's reports, according to which three appeals were filed with the labour tribunals in relation to the application of the Convention, which were found to be without basis. The Committee requests the Government to supply copies of these cases and any other judicial decisions relating to discrimination in employment or occupation which throw light on the application in practice of the national policy as set out in Act No. 7142 of 1 March 1990 to promote the social equality of women.

2. The Committee notes that Act No. 7476 on sexual harassment in employment and education was adopted on 3 February 1995. It includes provisions defining the type of behaviour which may be considered to constitute sexual harassment, and specifies that it is the responsibility of the employer to establish a policy against sexual harassment in the workplace, and to take effective preventive measures including the adoption of procedures for its denunciation, investigation and sanctions. The Committee would be grateful to receive from the Government information in future reports of any cases heard under this Act, including any sanctions imposed.

3. With reference to measures to promote equality of opportunity of women at work, the Committee notes from the statistics provided in the report that the participation rate of women in the national workforce is significantly lower than that of men (31.6 per cent as compared to 75.3 per cent). It accordingly asks the Government to provide specific information on: (1) the education and vocational training and guidance provided to girls as compared to boys; and (2) the measures being taken or contemplated to widen the employment opportunities available for women (as outlined, for example, in paragraphs 82 and 83 of the 1988 General Survey on equality in employment and occupation, where the Committee warns of the limitations of sex-based segregation in training and stereotyped attitudes to the type of training open to women).

4. Discrimination based on race, colour, religion, political opinion, national extraction or social origin. The Committee notes the Government's statement of commitment to the principle of non-discrimination in employment and occupation, and that it is involved in the formulation and implementation of projects to achieve this end. The Committee requests the Government to provide more concrete information on measures taken to eliminate discrimination in employment based on the above grounds within the framework of Act No. 2694 of 1960 on the prohibition of discrimination in employment, or other legislative texts, to promote equality of opportunity and treatment.