Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

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

Sexual harassment. The Committee refers to its previous comment in which it noted the existence of problems regarding the effectiveness of procedures for handling complaints of sexual harassment and the reluctance of victims to bring complaints for fear of reprisals. In this regard, the Committee notes with satisfaction the adoption of Act No. 8805, amending Act No. 7476 against sexual harassment in employment and teaching, which came into force on 28 April 2010. The Committee notes that the new Act applies to both the public and private sectors, lays down clear rules of responsibility regarding the prevention of sexual harassment and above all establishes a detailed complaints procedure. In general, the procedure is launched at the level of the workplace but, according to the circumstances, may also be commenced by bringing a complaint before the National Directorate for Labour Inspection when the person committing the harassment is the victim’s employer. The Act applies to sexual harassment committed by a superior, or by a person whose rank is lower or the same. The Act also provides for preventive measures for the protection of the victim.

As regards implementing measures, the Committee notes the Government’s indication that the Women’s Ombudsman has launched educational initiatives to raise awareness and provide legal training with a view to preventing and penalizing sexual harassment; an inter-institutional commission was established for monitoring the legislation and this body has held meetings for public institutions concerning implementation and training; follow-up activities were held regarding the drafting and amendment of internal regulations concerning sexual harassment and institutional policy in 170 public institutions with a view to facilitating the processing of complaints. The Committee notes the Government’s indication that, one year after the adoption of the Act, 48 per cent of public institutions have regulations concerning sexual harassment. The Committee also notes that in 2009–10 a total of 111 complaints were brought while in 2010–11 (following the implementation of the new Act) 209 complaints were filed with the Women’s Ombudsman. The Government indicates that this increase in the number of complaints might correspond to greater awareness of the issue and the dissemination of the new Act. The Committee also notes all the educational and awareness-raising initiatives implemented by the Gender Equality Unit at the Ministry of Labour and Social Security. The Committee requests the Government to continue to provide information on the implementation of the Act against sexual harassment in employment and teaching, on the measures to raise awareness of this issue and on the impact of such measures.

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