Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

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

Article 1 of the Convention in relation to Part V of the report form.  The Committee notes the National Agenda for Children and Young Persons: Objectives and Commitments, 2000-2001, launched by the Office of the President of the Republic and the National Council for Children and Young Persons. The Committee requests the Government to continue providing information on the progress achieved in attaining the objectives of the Agenda in relation to the observance of the Convention.

The Committee notes Decree No. 27516-MTSS of 9 December 1998, by which the Office to Address and Eradicate Child Labour and Protect Young Workers (Oficina de Atención y Erradicación del Trabajo Infantil y Protección del Trabajo Adolescente) is established as a permanent body under the National Directorate of Social Security of the Ministry of Labour and Social Security, with responsibility for policy and practical action. The Committee requests the Government to provide information on the activities of the Office to Address and Eradicate Child Labour and Protect Young Workers.

The Committee notes the adoption of Decree No. 27517-MTSS of 9 December 1998, amending the Decree establishing the National Steering Committee to Combat Child Labour, No. 25890-MTSS of 12 March 1997. Decree No. 27517-MTSS changes the name of the above Committee, which is now called the National Steering Committee for the Prevention and Progressive Elimination of Child Labour and the Protection of Young Workers in Costa Rica. It is also accorded the status of highest coordinating body, under the Ministry of Labour and Social Security. The Committee requests the Government to provide information on the activities of the National Steering Committee.

One of the first activities of the National Steering Committee was the development of the National Plan of Action for the Prevention and Progressive Elimination of Child Labour and the Protection of Young Workers, issued by the Minister of Labour and the Office of the First Lady of the Republic on 10 December 1998. This Plan identifies three strategic areas, namely: education, health and work and the family, each of which has an action line, including objectives and clearly defined activities incorporating universal social policies.

The Committee of Experts notes the first results achieved through this Plan. The Committee requests the Government to continue providing information on the measures taken for the implementation of the above Plan and, more specifically, on the progress achieved in the three strategic areas as they relate to the Convention, and requests it to provide information on inter-institutional coordination.

The Committee notes the activities carried out by the Ministry of Labour and Social Security to give effect to the Special Protection Scheme for Young Workers. The Committee requests the Government to continue providing information on the measures taken in relation to this Special Protection Scheme.

Taking into account the worrying data contained in the document entitled Hazardous and unhealthy activities and work processes for workers over the age of 15 and under 18 years of age, which was attached as an annex to the Government’s report, and the information provided by the Government to the Committee on the Rights of the Child at its 595th and 596th meetings, the Committee of Experts requests the Government to indicate all measures which have been taken or are envisaged to ensure the effective application of the provisions of Convention No. 138, including the strengthening as necessary of labour inspection. The Committee once again requests the Government to continue to provide information on the application in practice of the Convention, including statistical data and extracts from official reports.

Article 8.  In its previous comments, the Committee also referred to artistic performances. The Committee requested the Government to state whether in practice any child younger than 15 years of age can participate in artistic performances, including, for example, the filming of advertisements. The Committee notes that section 73 of the Code of Children and Young Persons covers the cultural and recreational rights of children and young persons and that the national legislation promotes the membership or participation of children and young persons in cultural, recreational and sporting activities on civic, educational, religious, social and cultural grounds. Nevertheless, the Committee regrets to note the Government’s indication in its last report that it has not taken any measure to give effect to the provisions of this Article. The Committee, therefore, once again requests the Government to indicate the measures which it envisages adopting to ensure that individual authorizations allowing exceptions to the minimum age for participation in artistic activities are granted in compliance with the conditions laid down in Article 8 of the Convention.