Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

Part VI (Employment injury benefit). Articles 34, 36 and 38 of the Convention (read in conjunction with Article 69). The Committee regrets to note once again that, despite the primacy recognized by the Constitution of Costa Rica to ratified international Conventions and the incorporation of Convention No. 102 into the block of constitutionality, there has been no change with respect to the provisions of the Labour Code limiting the period during which pensions are paid in the event of permanent disability of less than 67 per cent or in case of death of the breadwinner as a result of a work accident. The Committee observes that these limitations are not in line with Articles 36 and 38 of the Convention which in principle provide for exceptions to the payment of periodical payments throughout the contingency in the case of partial disability where the degree of incapacity is slight. The Committee has continuously held that a permanent disability entailing a loss of earning capacity greater than 25 per cent cannot be considered slight. In these circumstances, the Committee once again requests the Government to, without delay, take the necessary steps to eliminate the contradictions between the Labour Code and Part VI of the Convention. Moreover, the Committee notes that the other elements of information in relation to Part VI of the Convention requested in the report form have not been received. The Government states in this respect that it was not able to ensure that the National Insurance Institute provide the relevant information. The Committee trusts that the Government will take all necessary measures to ensure that the requested information is supplied in its next report.

Part VII (Family benefit). Articles 40–44. The Committee notes the information provided by the Government concerning the non-contributory pension scheme. While the benefits provided by the scheme are fully relevant to compliance with Parts V (Old-age benefit), IX (Invalidity benefit) and X (Survivors’ benefit) of the Convention, they do not seem to correspond to the contingency covered by Part VII, i.e. the responsibility for the maintenance of dependent children. The Committee recalls that, under Article 41 of the Convention, family benefit should be either: a periodic payment; the provision to or in respect of children, of food, clothing, housing, holidays or domestic help; or a combination of both types of benefits. In accordance with Article 41(c), these benefits may be granted on condition of resources. In this context, the Commission considers that the conditional cash transfer programme Avancemos, described by the Government in its report and directed to promote school integration of children from families with economic difficulties, meets the objectives of Part VII of the Convention. The Committee understands that other social assistance programmes mentioned by the Government such as Bienestar familiar, correspond to the goals of family benefit to the extent that some of its services are responsive to the needs of children. In order to comprehensively assess the implementation of Part VII of the Convention in Costa Rica, the Committee invites the Government to specify in its next report the amounts of these social assistance programmes directly targeted to the needs of children.

Article 72. Principle of democratic administration of the social security system. Under paragraph 1 of Article 72 of the Convention, when the administration of the social security scheme is not entrusted to an institution regulated by public authorities or by a government department responsible to Parliament, representatives of the persons protected shall participate in administration or be associated therewith in a consultative capacity. The Committee requests the Government to explain in its next report how it gives effect to this principle under the Supplementary Compulsory Pensions Scheme.

Issues raised by the Confederation of Workers Rerum Novarum (CTRN). The Committee notes the comments of the CTRN received on 2 September 2012 and the Government’s note of 5 November 2012 indicating that replies to the CTRN communication will be sent promptly. The CTRN comments refer specifically to the following issues: the deterioration that characterizes the health care provided by the Social Security Fund (CCSS), where an increasing number of insured need to litigate before the courts with a view to being granted certain treatments or medicines; the possibility of reducing the level of invalidity, old-age and survivors’ pensions in the near future; the complexity of the administrative and judicial procedures to access disability pensions; the consequences of the opening to private companies of insurance against employment injuries on the quality of services provided by the National Insurance Institute and industrial accident prevention policies. The Committee requests the Government to reply to the comments submitted by the CTRN in its next report.

[The Government is asked to reply in detail to the present comments in 2013.]