Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

Minimum Age Convention, 1973 (No. 138) - Costa Rica (Ratification: 1976)

The Committee recalls that the minimum age of 15 years was specified by the Government, in accordance with Article 2, paragraph 1, of the Convention, upon ratification. In its previous comments, the Committee requested the Government to take measures on three points: (i) to ensure that no one under the specified minimum age is admitted to employment or work in any occupation, including work performed on their own account, as the Labour Code only applies to wage employment; (ii) to ensure that access to employment under the age of 15 years may be allowed, exceptionally, only from 13 years of age on light work meeting the criteria set out in Article 7, since it is possible for a child to work from 12 years of age under sections 47 and 89 of the Labour Code; and (iii) to determine the types of hazardous employment or work which is prohibited for persons under 18 years of age in accordance with Article 3.

The Committee notes the Government's indication to the effect that, in Costa Rica, the international Conventions that have been ratified possess an authority superior to laws, and that the Government intends to bring the relevant provisions of the Labour Code into conformity with the Convention. The Committee requests the Government to supply information on any progress made in the process of amending the Labour Code to bring it in line with the Convention.

As to the determination of the types of work to be prohibited for under 18 years as hazardous work, the Committee recalls that section 87 of the Labour Code (under which it is absolutely prohibited to engage the service of children under 18 years of age to carry out unhealthy, arduous or dangerous work), provides for the determination of such work by a regulation. It notes the Government's indication in its report that the Council of Occupational Health will determine such work, and also that no consultation has been made with the organizations of employers and workers as required by Article 3 of the Convention. The Committee recalls that Article 3(2) of the Convention calls for such determination after tripartite consultation, and requests the Government to provide information on any measures taken or contemplated to this effect.

Furthermore, the Committee notes the adoption of the Organic Act of the National Childhood Foundation (No. 7648, published on 20 December 1996). It requests the Government to provide information on the activities of this body, which has a wide range of mandate concerning the rights of children and young persons, in so far as they have bearing on the application of the Convention in practice.