Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Worst Forms of Child Labour Convention, 1999 (No. 182) - Costa Rica (Ratification: 2001)

The Committee notes the observations of the Confederation of Workers Rerum Novarum (CTRN), which were received on 3 September 2014.

Article 3(d) of the Convention. Hazardous work. Child domestic work. The Committee recalls its previous comment which noted that nearly 6 per cent of the 113,500 children working in Costa Rica are employed in domestic work, and that these children work long days, are paid little if at all, are often the victim of physical and sometimes sexual violence, are exposed to hazardous working conditions and often have no access to education. The Committee further noted that a bill prohibiting young workers from carrying out hazardous and unhealthy work, which included provisions regulating child domestic work, was submitted to the legislative assembly in 2005, and that Act No. 8842 of 13 August 2010, amending the Code of Childhood and Adolescence, had been adopted and prohibits domestic work by children aged between 15 and 18 years to be performed: (i) if the young person must sleep at the workplace; (ii) if the work requires the young person to look after children, elderly persons or disabled persons; and (iii) if the work consists of supervision (section 94bis).

The Committee notes the observations of the CTRN, which makes reference to the statistical information contained in the household survey (ENAHO 2011), which was carried out by the National Statistics and Census Institute (INEC) with technical and financial assistance from the ILO–IPEC. The CTRN highlights that, according to the ENAHO 2011, domestic work makes up one of the largest sectors of child labour (10.3 per cent) and 56,753 young persons between 5 and 17 years of age perform domestic work at home that includes hazardous work.

The Committee notes the Government’s information concerning the adoption of the list of hazardous types of work pursuant to Act No. 8922 entitled “Prohibition of Hazardous and Unhealthy Work for Adolescent Workers”, which entered into force on 25 March 2011 and to which the Committee refers in its comments under the Minimum Age Convention, 1973 (No. 138). The Committee notes, in particular, that the list of prohibited work expressly includes the worst forms of child labour under Article 3 of the Convention. Moreover, the Committee notes with interest that the Act expressly prohibits domestic work for young persons where they must sleep at the job or remain beyond working hours.

While taking due note of the Government’s efforts to strengthen its legislation protecting young workers in domestic work, it further notes the results of the ENAHO 2011 illustrating the prevalence of domestic work in hazardous conditions for children aged 5 to 17 years. The Committee accordingly requests the Government to take the necessary measures to ensure that its new legislation on hazardous work is effectively applied so as to prevent domestic workers under 18 years of age from engaging in hazardous work. In this respect, the Committee requests the Government to continue to provide statistical information concerning the number of children engaged in domestic work, and in particular hazardous work activities, as well as the number and type of violations detected and the number of persons prosecuted.

Article 7(2). Effective and time-bound measures. Clause (d). Children at special risk. Child domestic workers. The Committee recalls its previous comment, which noted that an awareness-raising campaign was conducted on child domestic work between 2003 and 2006 through the television and radio media, and that four programmes had been created in collaboration with the NGO World Vision with the aim of identifying and providing assistance to 120 child domestic workers. The Committee notes the Government’s information that, in addition to the programme with the NGO World Vision, which was finalized in 2008, it is taking additional measures to ensure that families obtain economic resources to improve their quality of life, including enabling young persons and adolescents to carry out their jobs outside of class. Noting the absence of specific information in this respect, the Committee requests the Government to indicate the effective and time-bound measures it has taken to provide the necessary and appropriate direct assistance to remove children engaged in domestic work from hazardous working conditions and ensure their rehabilitation and social integration.

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