Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159) - Costa Rica (Ratification: 1991)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Articles 2 and 3 of the Convention. Implementation of a national policy. The Committee notes with interest the numerous measures implemented with a view to facilitating the labour market integration of persons with disabilities. The Government refers, among other measures, to the implementation of the National Plan for the Labour Integration of Persons with Disabilities for the periods 2017 to 2018 and 2019 to 2022. This Plan includes measures in the areas of training, inclusive enterprises, job placement and governance, with the aim of improving economic participation opportunities for persons with disabilities aged between 15 and 35 years and promoting access to decent work for the population with disabilities in general, from a gender equality and equity perspective. In addition, the Government reports the adoption of a national coordination plan to enhance the labour inclusion of persons with disabilities, particularly women with disabilities, through the implementation of the current regulations, as well as the promotion of inclusive enterprises and entrepreneurship, enabling persons with disabilities to increase their capacity for integration into the labour market. The Government also refers to the implementation of the National Policy on Disability (PONADIS 2011–2030), which provides for the adoption of measures regarding access to education, employment and work, such as incentives for the creation, adaptation and supply of jobs for people with disabilities, strengthening of job placement mechanisms and professional training activities. The Government also reports the implementation of various measures and services by the Department of Job Placement, Guidance and Employment Prospecting of the National Directorate of Employment in coordination with the Department of Equal Opportunities for Persons with Disabilities. These services include personalised support for persons with disabilities with respect to job guidance and placement processes, as well as advice and support for enterprises. The Government reports that, in 2019, only 17 people with disabilities who received such services managed to obtain a job. In addition, through the inclusive iteration of the Empléate (Find a Job) programme, training, economic subsidies and support are provided to people with disabilities in the job placement and labour market integration process. The Government also indicates that the National Development and Public Investment Plan (PNDIP) (2019–2022) included the goal of integrating 320 persons with disabilities into the labour market. Furthermore, the creation of the online Management Index on Disability and Accessibility (IGEDA) enables public entities to self-evaluate their level of compliance regarding the management and implementation of actions for the benefit of the population with disabilities. The Government indicates that only 140 institutions out of 213 surveyed were in compliance with the legislation on the 5 per cent quota for hiring persons with disabilities in the public sector. In this regard, the Committee notes the adoption of Executive Decree No. 43024-MP-MTSS amending the regulations of the Act on the inclusion and protection of persons with disabilities in the public sector, with a view to ensuring that institutions comply with the obligation to create special labour and accountability commissions that are responsible for the development of policies for the reservation of positions in their institutions and submit annual reports to the National Commission for the Employability and Work of Persons with Disabilities (CNETPcD) on the implementation of such policies. Finally, the Committee also notes that, following the approval of Decree No. 40.955/2018 on inclusion and accessibility in the Costa Rican education system, various measures have been taken to progressively transform special education centres into education support resource centres, convert integrated classrooms into support services and transfer their students to mainstream education. The Committee also takes note of the various initiatives carried out to transform the educational system to ensure the inclusion of persons with disabilities, both in public basic general education and state university education, as well as in public technical education. The Committee requests the Government to continue to provide updated and detailed information, disaggregated by sex and age, on the impact on the education system of the employment and transformation measures, including reasonable accommodation measures, that have been adopted to help persons with disabilities to obtain sustainable and decent jobs in the regular employment market.

Article 5. Consultation with the social partners. The Committee takes note of the adoption of Executive Decree No. 41761-MTSS of 28 May 2019, creating the CNETPcD with the objective of developing, implementing, contributing to and monitoring inclusive public policies aimed at promoting the employability, employment, entrepreneurship and work of persons with disabilities (in the public and private sectors) (article 1). The CNETPcD is made up of representatives of organizations of persons with disabilities, as well as representatives of the productive or business sector, as well as from various ministries and national institutions (article 2). The Government also indicates that the coordinator of the CNETPcD commission, is vested with the authority to convene a hearing of public and private actors and entities involved in the national processes of employability, entrepreneurship, employment and work for persons with disabilities, when this is deemed appropriate (article 4), thus opening up the possibility of consulting organizations or institutions that may not be part of the CNETPcD. The Committee notes that, while the CNETPcD includes representatives of the productive or business sector, no information is provided on the participation of worker representatives in this body. In addition, the Government does not provide specific information on the manner in which representative workers’ organizations are consulted more generally on the subjects covered by the Convention. The Committee therefore once again requests the Government to provide detailed and updated information on the manner in which representative workers’ organizations are also consulted on the matters covered by the Convention.

Application in practice. The Committee notes the copies of decisions provided by the Government concerning the employer’s obligation to reclassify jobs and/or make reasonable accommodation with a view to ensuring the continued employment and promotion of persons with disabilities, as well as the implementation of the Act on the inclusion and protection of persons with disabilities in the public sector. The Committee notes that these decisions rely, among other legal provisions, on the provisions of the Convention and the United Nations Convention on the Rights of Persons with Disabilities. The Committee requests the Government to continue to send copies of judicial decisions concerning the application of the Convention.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes the observations made by the Costa Rican Federation of Chambers and Associations of Private Enterprise (UCCAEP), which were submitted with the Government’s report.

Articles 2 and 3 of the Convention. Implementation of a national policy. In its previous comment, the Committee requested the Government to supply information on public policies and private initiatives aimed at integrating persons with disabilities into the open labour market. The Committee notes with interest the measures taken by the Government to promote employment opportunities for persons with disabilities, in particular the Act on the inclusion and protection of persons with disabilities in the public sector (Act No. 8862 of 16 September 2010) and its regulations (Executive Decree No. 36462-MP-MTSS of 2 February 2011), and Directive No. 277-MEP “Institutional Policy for the Reservation of Jobs, in accordance with the provisions of the Act on the inclusion and protection of persons with disabilities in the public sector and its regulations” of 13 March 2013. The Government adds in its report that, in November 2014, a protocol for the inter-institutional coordination of vocational training and placement for persons with disabilities in Costa Rica was concluded to improve coordination between the three institutions responsible for vocational training and labour integration. The protocol is one of the measures taken in accordance with the National Plan for the Labour Integration of Persons with Disabilities (2012–15). The Government also refers to measures to encourage the creation of employment opportunities for persons with disabilities, which are set out in the National Development Plan 2015–18, and the extension of the scope of the Empléate (Find a Job) programme of the Ministry of Labour and Social Security, with coverage of persons with disabilities through the programme Empléate Inclusivo (Find Inclusive Employment). The Committee also notes that in June 2015, 1,358 persons with disabilities were registered on the online platform Buscoempleo (Seeking Work). The UCCAEP indicates that the working group on the employability of persons with disabilities, coordinated by the Ministry of Labour and Social Security, encourages labour integration through the certification of private enterprises and the expansion of existing incentives for the hiring of persons with disabilities, and is actively involved in the Government’s initiatives. The Committee requests the Government to continue providing information on the impact of the measures adopted to promote employment opportunities for persons with disabilities on the regular labour market.

Article 5. Consultation with the social partners. The Committee notes that the bodies represented in the Inter-institutional Technical Committee for the Employability of Persons with Disabilities include the UCCAEP and two organizations of and for persons with disabilities. The Committee requests the Government to describe the manner in which representative workers’ organizations are also consulted on the matters covered by the Convention.

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

Implementation of a national policy. The Committee notes the detailed information sent by the Government in September 2010 on the legislative proceedings aimed at ensuring that at least 5 per cent of job vacancies in public employment are set aside for persons with disabilities, on condition that jobs are actually available and aptitude and selection tests are successful. The Committee notes the activities undertaken by the Equal Opportunities Unit and the National Employment Directorate in the specific context of the Kaloia project aimed at strengthening the comprehensive rehabilitation system in line with the inclusive development needs of persons with disabilities. The Committee requests the Government to continue to supply information on the results achieved through public policies and private initiatives aimed at integrating persons with disabilities into the open labour market (Articles 2 and 3 of the Convention). The Committee also requests the Government to include detailed information in its next report on the consultations required by Article 5 with the social partners and other organizations concerned and to supply practical information and statistics disaggregated, where possible, by age, gender and the nature of the disability, and also extracts from reports, studies and surveys concerning the matters covered by the Convention (Part V of the report form).

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

In reply to its previous direct request, the Government indicates in the report received in September 2005 that the definition of persons with disabilities has been broadened and improved with the approval in November 1999 of the Inter‑American Convention on the Elimination of All Forms of Discrimination Against Persons with Disabilities (Act No. 7948). Furthermore, following the holding of a National Forum and a broad process of consultation, public policies on disability have been established by Presidential Instruction No. 27, of December 1999, published in January 2001. The Committee notes with interest this concentration of effort and requests the Government to continue providing information in future reports on the results achieved by public policies and private initiatives designed to integrate persons with disabilities into the labour market.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the detailed information supplied in the Government’s report, particularly in reply to previous comments. The Committee would appreciate receiving further information on the following points.

Article 1 of the Convention.  The Committee notes that Law No. 7600 of 1996 on Equality of Opportunity for Persons with Disabilities defines incapacity in section 2 to be any deficiency - physical, mental or of the senses - which substantially limits one or more principal activities of an individual. However, the Social Security Regulations of 1997 define disability as a loss of more than two-thirds of capacity to carry out one’s profession. The Committee would appreciate receiving further information on which definition determines whether a person with disabilities is eligible to receive rehabilitative and employment services.

Article 2.  The Government states that consultations with organizations of persons with disabilities culminated in a National Forum for Formulating Public Policies to Promote Equality of Opportunity, which was mandated to act by October 1999. The Committee would appreciate receiving further information on the outcome of this Forum and the follow-up action taken by the Government.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee takes note with great interest of the first and second Government's reports on the application of the Convention. It notes, in particular, the detailed information on the national policy on vocational rehabilitation and employment of disabled persons, which is implemented by the National Council for Rehabilitation and Special Education, as well as the creation of a post of the Presidential Councellor for the Population with Disabilities. The Committee also notes the forthcoming revision of Act No. 5347 of 1973 on the establishment of the National Council for Rehabilitation and Special Education, as well as the elaboration of a draft General Law on the development, integration and advancement of disabled persons in Costa Rica. It further notes the information on action taken at the national level under the Project RLA/89/M06/SPA elaborated by the ILO for the central American region. The Committee would be grateful if the Government would continue to provide information on the implementation of the national policy on vocational rehabilitation and employment of disabled persons. Please supply the texts of a revised Act on the National Council for Rehabilitation and Special Education and a General Law referred to above, as soon as they are adopted. Please also provide additional information on the following points:

Article 5 of the Convention. The Government indicates that the Act on the National Council for Rehabilitation and Special Education referred to above does not provide for representation of workers' organizations on that body. It also states that, although the above-mentioned Act does not include representatives of disabled persons' organizations into the National Council, in practice these organizations are represented on that body, and that the revised Act on the National Council will provide for more active participation of representatives of disabled persons' organizations. The Committee would be grateful if the Government would indicate, in its next report, whether representatives of workers' organizations will be also included in the National Council as a result of the revision of the Act, and if not, what other measures are taken or envisaged to ensure consultations with representative workers' organizations on the implementation of the national policy on vocational rehabilitation and employment of disabled persons. Please also describe in more detail consultations with representative organizations of disabled persons through the National Council.

Article 8. The Committee notes from the Government's first report that the National Council for Rehabilitation and Special Education has put into operation in certain regions of the country a model SELOR (Integrated Local Rehabilitation Services). It would be grateful if the Government would indicate, in its next report, whether SELOR will be also operational in rural areas, and if not, describe other measures taken or envisaged to promote the establishment and development of vocational rehabilitation and employment services for disabled persons in rural areas and remote communities, in accordance with this Article.