Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

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

Sexual harassment. The Committee refers to its previous observation and notes the Government’s indication that in 2007 draft Act No. 16566 amending the Act against Sexual Harassment in Employment and Teaching received the unanimous support of the Special Permanent Commission of Women and is now pending before the Congress. The Committee also notes that since the entry into force of the Act, the Office of the Defender of Women has made efforts to follow up on and assist in the elaboration of internal labour regulations concerning sexual harassment. The Committee notes that in its report of 2008–09, the Office of the Defender of Women formulates recommendations to eradicate bad legal practices, and suggests strategies for prevention of sexual harassment and related capacity building. The Committee also notes that, according to this report, 40 per cent of the sexual harassment complaints received were dismissed. It notes that, of this 40 per cent, 25 per cent of cases failed because women complainants did not want to pursue the complaints.

Furthermore, the Committee notes that the Gender Equality Unit of the Ministry of Labour and Security considers that most of the women who were victims of sexual harassment desisted from filing complaints before the Office of Labour Inspection owing to the perception that the system is slow and ineffective, to the fear of being victimized, to the fear of counter complaints on the part of the authors of sexual harassment in case they could not gather sufficient evidence supporting their claim, and owing to the fact that the law currently in force has a gap as regards clear sanctions against the authors of sexual harassment.

The Committee asks the Government to continue to provide information on the developments concerning the adoption of the draft Act mentioned above and to supply information on the following:

(i)    the measures adopted as a follow-up to the recommendations of the Office of the Defender of Women;

(ii)   the complaints brought before the Office of the Defender of Women and their results;

(iii) the measures adopted to provide support and to effectively protect the victims of sexual harassment, including from the risk of reprisals and victimization;

(iv)  the educational and sensitization measures adopted or envisaged to prevent sexual harassment in the workplace;

(v)   any initiatives of employers’ and workers’ organizations to combat sexual harassment at work.

The Committee is raising other points in a request addressed directly to the Government.