Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

Social Security (Minimum Standards) Convention, 1952 (No. 102) - Costa Rica (Ratification: 1972)

The Committee notes with interest the information supplied by the Government in its report concerning the application of Part VIII (Maternity benefit) of the Convention.

Part VII (Family benefit). Article 44 of the Convention. In response to the Committee’s previous comments, the Government refers, inter alia, to section 27 of the Regulations on invalidity, old age and death, 29 July 1995. The Committee observes that this provision lays down the requirements for entitlement to survivors’ benefit and not the contingency covered by Article 40 of Part VII of the Convention which covers "responsibility for the maintenance of children as prescribed". Family benefit is a benefit to be provided to living ensured persons protected by the social security scheme and is a separate branch of social security from survivors’ benefit. The Committee accordingly asks the Government once again to indicate whether the total value of the benefits granted to the persons protected (i.e. the total amount of periodic cash benefits provided to families with dependent children, and the cost of providing food and clothing in various rural centres) is such as to represent, in accordance with Article 44: (a)3 per cent of the wage of an ordinary adult male labourer, as determined in accordance with the rules laid down in Article 66, multiplied by the total number of children of persons protected; or (b) 1.5 per cent of the said wage, multiplied by the total number of children of all residents.

Part XIV (Miscellaneous provisions). Article 76, paragraph 1(b)(ii) (in conjunction with Article 36). With reference to its previous comments, the Committee observes that the Government merely lists a number of provisions of the Labour Code pertaining to occupational risks. It therefore again asks the Government to provide the information required under Articles 65 (Titles I, II and IV) or 66 (Titles I, II and IV) of the report form adopted by the Governing Body in respect of Employment injury benefit (Part VI) of the Convention.