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

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

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

Article 1(1) of the Convention. Discrimination based on sex. Sexual harassment. The Committee notes the statistical information provided by the Government in its report, showing that the National Inspection Directorate identified 18 cases of sexual harassment in 2020 and 23 cases in 2021. The government indicates that it hopes to be able to provide information on the cases before the courts in its future reports. It also points to two reforms to Act No. 7476 against sexual harassment in employment and education: (i) establishing the requirement for the employer to keep an updated registry on the number of final sanctions imposed in the workplace or institution on grounds of sexual harassment (Act No. 9969 of 2021), and (ii) the amendment of the limitation period for acts of sexual harassment from two to eight years (Act No. 10029 of 2021). The Committee also notes the observations of the UCCAEP, which highlights the technical guide for the prevention and treatment of workplace harassment or “mobbing”, approved in 2019 by the Occupational Health Council, which is a tripartite body. The Committee requests the Government to continue providing information on the number of cases of sexual harassment identified, the action taken, the penalties imposed, and remedies awarded.

Article 1(1)(b). Real or perceived HIV status. The Committee notes with interest the Government’s indication that discrimination on the grounds of health status has been prohibited with the adoption of Act No 9797 of 2019 on the overall reform of the General Act on HIV/AIDS, which amends section 404 of the Labour Code, and with the adoption of Act No. 10156 of 2022, which amends section 380 of the Penal Code. The Government also indicates that Act No. 9797 amends other sections of the Labour Code, in order to: (1) prohibit the employer from seeking proof of HIV status for recruitment or tenure of employment purposes (section 70); (2) provide for dismissal for discriminatory acts against persons living with HIV (section 81); and (3) render the employer’s engaging in discrimination against workers living with HIV a just cause for resignation (section 83). The Government also indicates that: (1) the National Regulations for the integrated care of HIV in the health sector were drafted and were declared of public interest by Executive Decree 43055-S, in force since October 2021; (2) the assessment of the impact of workplace HIV prevention and management policies remains a challenge; and (3) in the 2018-2020 period, three cases of discrimination on the grounds of HIV status came before the labour inspectorate. The Committee notes that the UCCAEP expresses concern regarding the removal of medical examinations from the Labour Code. The Committee notes that neither the new section 70(j) of the Labour Code, nor Constitutional Chamber ruling No. 1874-2010 rule out the possibility of medical examinations for workers, the sole exception being where examinations relate to HIV testing, where no medical criteria demonstrate the need to conduct haematological tests. The Committee requests the Government to report on:

• (i)any measure adopted or envisaged to disseminate the content of section 404 of the Labour Code and of section 380 of the Penal Code; and
• (ii)any measure adopted or envisaged with a view to gathering information on the labour participation of persons living with HIV or AIDS. It further requests the Government to continue sending information on any case of discrimination on grounds of HIV or AIDS identified or denounced, the action taken, the penalties imposed, and the remedies awarded.

Articles 2 and 3. National gender equality policy. The Committee notes the information provided by the Government on various measures adopted in the framework of the public policies and national action plans on gender, which include: the signing in 2021 of a letter of understanding between the National Women’s Institute (INAMU), the Ministry of Labour and Social Security (MTSS) and the Women’s Trade Union Roundtable, which aims to promote and encourage joint actions to create conditions of equality without discrimination in work and employment, women’s participation in trade unions, responsibility-sharing in family and work life, and to combat violence at work and at home; (2) the adoption of the National Policy for Effective Equality between Women and Men in Costa Rica (2018-2030), for which the Government is still without clear outcome indicators, but which is nonetheless in implementation; and (3) the promotion of good business practices for gender equality by the INAMU. The Committee also notes that in 2018, 61.14 per cent of all persons benefitting from the National Employment Programme (PRONAE) were women. It further notes the statistical information provided by the Government on the employment rates for men and women, including for export processing zones. It also notes that the COVID-19 crisis widened the labour gap between men and women, and that according to available statistics, labour market participation in 2020 stood at 46 per cent for women and 69 per cent for men, while in 2019 the rates were at 52 per cent and 73.6 per cent, respectively. The Committee notes the observations of the UCCAEP, according to which the principle of citizens’ participation was not respected in the adoption of the Regulations governing Act No. 8901, which establish the minimum percentage of women that shall be included in the executive boards of associations, trade unions and solidarist associations, did not respect the principle of citizens’ participation. The Government indicates that it will review the procedure carried out for the enactment of the Regulations. The Committee requests the Government to provide information on the specific measures adopted or envisaged to promote gender equality in employment and occupation, including within the framework of the National Policy for Effective Equality between Women and Men in Costa Rica, and to monitor and report on its impact. The Committee also requests the Government to continue providing statistical information on labour market participation, and the continued employment of men and women.

Migrant workers. The Committee notes the Government’s indication that the labour inspectorate dealt with 6,762 migrants in 2021. The Committee also notes that the National Inspection Directorate is currently working to produce a Policy for the integrated treatment of labour migrations, with a view to providing more effective protection of workers. The Committee requests the Government to provide information on the Policy for the integrated treatment of labour migrations, and also on any other measure adopted to protect migrants against discrimination.

Promotion of equality of opportunity and treatment irrespective of race and colour. The Committee notes with interest the Government’s reference to Act No. 10120 of 2022 on affirmative action in support of persons of African descent, which establishes measures to promote access for the population of African descent to employment and education, and includes the requirement that all public institutions must reserve at least seven per cent of their post vacancies a year for persons of African descent, provided that the latter fulfil, in equal conditions, the legal and constitutional requirements to accede to these posts (section 3). The Committee also notes that the Government indicates the following: (1) international, institutional and cultural tours and activities were conducted under the National Policy for a Society Free from Racism, Discrimination and Xenophobia 2014-2025 and its plan of action; (2) a new census is being prepared to gain greater understanding of the population of African descent; (3) in 2021, the Board of Directors of INEC approved the technical guidelines for the ethnic-racial approach to producing official statistics and its operational guide, and these are mandatory for all institutions of the National Statistics System. The Committee requests the Government to provide information on the measures adopted to promote this principle of the Convention within the framework of the National Policy for a Society Free from Racism, Discrimination and Xenophobia 2014.-2025 and its plan of action. The Committee also requests the Government to provide information on the development of the process for an ethnic-racial approach to official statistics and any statistics resulting therefrom.

Enforcement. The Committee notes the Government’s indication that the labour inspection services dealt with 41 cases of discrimination in 2019, 23 in 2020 and ten in 2021, but NO disaggregation by grounds of discrimination is given. The Committee notes that work is going ahead to overhaul the monitoring system, and that this will yield more detail on the cases dealt with. The Government reports that the judiciary is also revising its internal processes to update the classification of its case files to accommodate the specific characteristics of each allegation of discrimination. The Committee requests the Government to report on possible progress made regarding the classification of cases dealt with by the labour inspection and by the courts and hopes that in its next report the Government will be able to provide statistical information on the cases of discrimination in employment in the public and private sectors and in export processing zones, disaggregated by grounds of discrimination.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Article 1(1)(a) of the Convention. Legislation. The Committee requested the Government to provide information on the inclusion of colour in the list of grounds of discrimination prohibited by the Labour Code. In this regard, the Committee notes the Government’s indication in its report that section 1 of Act No. 2694 of 22 November 1960 prohibiting discrimination at work expressly prohibits “any kind of discrimination, defined as distinctions, exclusions or preferences, on the grounds of race, colour, sex, age, religion, civil status, political opinion, national extraction, social origin, filiation or economic situation, that limits equality of opportunity or treatment in employment or occupation”. The Committee also notes that the Government reports the adoption of Legislative Decree No. 9343/2015 reforming labour procedures and amending the Labour Code, section 404 of which expands the grounds of discrimination to include, from 25 July 2017, “the grounds of age, ethnicity, gender, religion, sex, race, sexual orientation, civil status, political opinion, national extraction, social origin, filiation, disability, trade union membership, economic situation or any other similar form of discrimination …”. Furthermore, the Committee notes with interest that, in April 2019, Costa Rica ratified the Inter-American Convention against all Forms of Discrimination and Intolerance, which contains a broad definition of discrimination that encompasses grounds of any nature.

Sexual harassment. In its previous comments, the Committee requested the Government to report the number of complaints of sexual harassment lodged with the labour inspectorate and the judiciary, the actions taken, the penalties imposed and remedies awarded. The Committee notes the Government’s information regarding a special procedure in the procedural handbook of the labour inspectorate for addressing cases of workplace and sexual harassment, in accordance with the provisions of Act No. 7476 of 3 February 1995 against sexual harassment in employment and education. The Government reports that, in 2017, the National Labour Inspection Directorate dealt with more than 900 special cases in relation to discrimination issues, of which 27 were cases of sexual harassment. The Committee requests the Government to report on the number of complaints of sexual harassment lodged with the labour inspectorate and the judiciary, the actions taken, the penalties imposed and remedies awarded.

Article 1(1)(b). Real or perceived HIV status. The Committee noted the Government’s indication concerning the legislative initiative to amend the General HIV and AIDS Act (Act No. 7771 of 29 April 1998) to afford greater protection against discrimination on the grounds of HIV and AIDS status and requested the Government to report any progress in that respect. The Committee notes the Government’s indication that the four-year period for the approval of the draft amendment to the General HIV and AIDS Act has expired and any deputy who wishes could request its consideration, which would lead to it being included once again on the agenda of the Legislative Assembly. Moreover, the Committee requested information from the Government on the awareness-raising measures related to the application of legislation on HIV and AIDS in the public and private sectors, and developments in the adoption of a policy for preventing and addressing HIV and AIDS. In this respect, the Committee notes the information from the Government on the development of the National Strategic Plan (2016–21) by the National Council for Comprehensive Action on HIV and AIDS (CONASIDA), which is composed of the Government, the Costa Rican Federation of Chambers and Associations of Private Enterprise (UCCAEP), the United Nations and non-governmental organizations. The Government indicates that strategic action 1.1.5 of the National Strategic Plan is based on the “Directive for preventing and addressing HIV and AIDS in the world of work”. As a result, CONASIDA, cooperation agencies and the Business Association for Development, established partnerships with private enterprises for the development of policies in 39 enterprises. Similarly, the Government reports that the Business Association for Development produced a “toolbox” with a view to the Ministry of Labour and Social Security (MTSS) encouraging the business sector to develop policies and training measures. Furthermore, the MTSS adopted the Policy for Preventing and Addressing HIV and AIDS (2014–19), aimed at recognizing HIV and AIDS as a workplace issue, an adequate response to which requires the participation of employers’ and workers’ organizations. The Committee requests the Government to report on any amendments of the General HIV and AIDS Act. The Committee also requests the Government to provide information on: (i) the impact of the measures adopted under the Policy for Preventing and Addressing HIV and AIDS (2014–19) on the integration of HIV-positive workers into the labour market and their conditions of work (including initiatives adopted to combat stereotypes and prejudices with a view to eliminating discrimination on the grounds of real or perceived HIV status); (ii) any cases heard by the courts or brought to the attention of the Labour Inspectorate relating to non-respect of the prohibition of discrimination against men or women workers who are, or are perceived to be, HIV-positive, throughout the employment cycle (hiring, retention, vocational development and return to work); and (iii) any measures adopted or envisaged to combat the discrimination and stigmatization of persons living with HIV or AIDS in the public sector.

Articles 2 and 3. National gender equality policy. In its previous comments, the Committee requested the Government, in accordance with Article 3(f) of the Convention, to provide specific information on the effectiveness of the measures adopted and the results achieved regarding the inclusion of indigenous men and women and those of African descent in the labour market and the development and recognition of their traditional occupations. The Committee also requested the Government to provide the available statistical information on the participation of men and women in the labour market, disaggregated by race and colour. The Committee notes the information from the Government on the adoption of the Plan of Action and the Public Policy for Gender Equality and Equity (PIEG ) 2016–21 and the National Policy for Gender Equality and Equity, one of the central themes of which is the “distribution of wealth” by improving women’s access to education. The Government indicates that, in 2015, a strategic partnership was established between the National Labour Inspection Directorate, the Gender Equality Unit of the MTSS and the Department of Public Policy for the Economic Autonomy of Woman and the Legal Status and Protection of the Women’s Human Rights of the National Women’s Institute (INAMU). The Government also reports the introduction of the gender equality label and the award for good labour practices for gender equality. The Government adds that the Gender Equality Unit of the MTSS, which participates in the technical monitoring commission for the Plan of Action and the Public Policy for Gender Equality and Equity, provides training in educational establishments, enterprises, trade unions and other institutions. With regard to horizontal segregation, in the first quarter of 2018 in agricultural activities, there were 227,542 men workers and only 33,584 women workers. In professional and administrative support activities, there were 112,743 men and 59,228 women. In financial intermediation and insurance, there were 27,705 men and 18,600 women. With regard to vertical segregation by occupational group, at the level of directors and managers, there were 11,726 men and only 8,111 women; at the level of technicians and associate professionals, there were 118,189 men and 54,090 women. Among farmers and forestry and animal agriculture workers, there were 67,350 men and only 6,503 women. The Committee also notes that the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), in its concluding observations expressed concern about the persistence of occupational segregation and the concentration of women in low-paid jobs and the significant gender wage gap (CEDAW/C/CRI/CO/7, 24 July 2017, para. 28(a)). The Committee requests the Government to provide information on the specific measures adopted as part of the second Institutional Plan of Action for Gender Equality and Equity (2016–20), the National Policy for Gender Equality and Equity and the implementation process of the National Policy for Effective Equality between Women and Men in Costa Rica (2018–30) and, particularly, on the results obtained with regard to the participation of women in the labour market and the reduction of horizontal and vertical occupational gender segregation. The Committee requests the Government to provide statistical information on the participation of men and women in the labour market, including in export processing zones, disaggregated by sector of activity.

Migrant workers. In its previous comments, the Committee referred to the situation of Nicaraguan workers in the country and requested the Government to indicate whether the legislation protects migrant workers and whether there have been complaints of discrimination by Nicaraguan workers or workers of other nationalities. The Committee notes the Government’s indications that: (i) the judicial authorities are working to implement in their decisions a policy of access to justice for migrants and refugees, through the National Commission for the Improvement of the Administration of Justice (CONAMAJ), in accordance with the recommendations of the Brasilia Regulations Regarding Access to Justice for Vulnerable People; (ii) an inter-institutional working group has been established — the subcommittee on access to justice for the refugee and migrant population — with responsibility for implementing public policy on this matter; (iii) the Higher Council of the Judiciary issued three guidelines on affirmative action measures to provide an adequate response to migrants, asylum seekers and refugees; (iv) Act No. 9343 reforming labour procedures established a fast-track procedure for situations of labour discrimination suffered by vulnerable populations, including the migrant and refugee population; (v) a migration management procedure has been in place since December 2007 for seasonal migrant workers between Costa Rica and Nicaragua; (vi) the Costa Rica-Nicaragua co-development project has been established to promote regulated migrant labour; and (vii) there is a special process in place for indigenous ngäbe and buglé persons from Panama. Lastly, the Government referred to the adoption of the Comprehensive National Framework on Action for and the Response to Refugees (MINARE). The Committee notes the measures adopted by the Government for the benefit of migrant workers and requests it to continue providing information on the progress made.

Promotion of equality of opportunity and treatment irrespective of race and colour. The Committee notes that the Government reports the adoption of an action plan for the achievement of the goals of the International Decade for People of African Descent (Directive No. 022-P), set out in the National Plan for People of African Descent (2015–18) and that it has provided statistical information on the participation of men and women in the labour market, disaggregated by race and colour. The Commission also notes the Government’s indication that the statistical data available on the National Policy for Gender Equality do not allow for disaggregation to identify the population of African descent. The Committee requests the Government to provide information on the impact and outcomes of the National Plan for People of African Descent (2015–18), as well as any other measures adopted or envisaged for the inclusion of indigenous men and women or those of African descent in the labour market or for the development and recognition of their traditional occupations. The Commission also requests the Government to make every possible effort to provide the available statistical information on the participation of men and women in the labour market, disaggregated by race and colour.

General observation of 2018. Regarding the above issues and more generally, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Enforcement. In its previous comments, the Committee noted the ongoing revision of the procedural handbook for the labour inspectorate and the plans to broaden the manner in which it addresses discrimination and requested the Government to provide information on any developments in that regard. The Government reports the development of a “Gender Inspection Guide and a catalogue of new gender-based offences”, the expansion of the catalogue of inspection offences in relation to discrimination on the grounds of gender and improvements to inspection procedures. The Committee notes the Government’s indication that, from 2016 to 2017 at the national level, 824 inspections were carried out, safeguarding the labour rights of 6,477 workers, including 4,620 men and 1,857 women. The Committee requests the Government to provide more detailed information on the number of complaints lodged with the labour inspectorate or the judicial authorities in relation to cases of discrimination in employment, cases of discrimination on the grounds of race, colour, religion, political opinion, national extraction or social origin in the public and private sectors and in export processing zones, with an indication of the manner in which such complaints are addressed, the penalties imposed and the compensation awarded.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Article 1(1)(a) of the Convention. Legislation. The Committee has been referring for several years to the need to include colour in the list of prohibited grounds of discrimination contained in the legislation. In this regard, the Committee noted previously that Bill No. 16970 on the prevention and elimination of discrimination did not include colour, and it requested the Government to take measures for its inclusion. The Committee notes that the Government does not refer to the Bill in its report. The Committee nevertheless notes with regret that the recent Legislative Decree No. 9343 to reform labour procedures, adopted on 14 December 2015, which contains a provision prohibiting discrimination, also fails to include colour among the prohibited grounds of discrimination. The Committee recalls in this respect that when legislation is adopted to give effect to the principle of the Convention, it should include at least all the prohibited grounds of discrimination listed in Article 1(1)(a) of the Convention (2012 General Survey on the fundamental Conventions, paragraph 802). The Committee requests the Government to take the necessary measures for the inclusion of colour in the legislation and to provide information on any progress achieved in this respect, including any progress relating to Bill No. 16970 on the prevention and elimination of discrimination.

Article 1(1)(b). Real or perceived HIV and AIDS status. The Committee notes the Government’s indication concerning the initiative to amend the General HIV Act (Act No. 7771 of 29 April 1998) to afford greater protection against discrimination. This initiative received the unanimous approval of the Standing Human Rights Commission in July 2015. The Committee also notes the information campaigns carried out within the judicial authorities and the indication in the Government’s report under the Equal Remuneration Convention, 1951 (No. 100), concerning the creation within the Ministry of Labour and Social Security of an internal committee for the preparation of the policy to prevent and address HIV and AIDS with a view to achieving workplaces free from stigma and discrimination. The Committee requests the Government to provide information on the progress made in the amendment of the General HIV Act and hopes that it will provide adequate protection against discrimination for workers affected by HIV and AIDS. The Committee further requests the Government to continue providing information on the awareness-raising measures relating to the application of the HIV and AIDS legislation carried out in the public and private sectors, as well as developments in the adoption of a policy to prevent and address HIV and AIDS.

Article 2. National gender equality policy. The Committee notes that, in its report on Convention No. 100, the Government indicates that the Second Institutional Plan of Action for Gender Equality and Equity (2016–20), in the context of which various measures have been taken, such as the promotion of gender mainstreaming in small and medium-sized enterprises, in the National Learning Institute and in the work of employment managers engaged in the placement of women. In this regard, the Government provides information on the distribution of men and women in jobs, occupations and sectors which shows a significant occupational segregation based on gender, while indicating an increase in the participation of women in activities with a lower number of women. The Government adds that the gender equality unit of the Ministry of Labour, which participates in the technical committee responsible for monitoring the National Policy for Gender Equality and Equity (PIEG), provides training for education centres, enterprises, trade unions and other institutions. The Committee requests the Government to continue providing information on the specific measures adopted in the context of the Second Institutional Plan of Action for Gender Equality and Equity (2016–20), and the National Policy for Gender Equality and Equity and, in particular, their effectiveness and the results achieved in terms of the labour market participation of women and the reduction and elimination of occupational segregation based on gender (Article 3(f)). The Committee requests the Government to provide statistical data on the participation of men and women in the labour market, including export processing zones, disaggregated by sector.

Sexual harassment. Practical measures. The Committee recalls that in its previous comments it noted that the labour inspectorate is competent to investigate any complaint of sexual harassment. The Committee notes that, in the report provided in relation to the Equal Remuneration Convention, No. 100, the Government indicates that the Ministry of Labour and Social Security has carried out training in various public institutions on sexual harassment and the legislation in force. While noting the measures adopted to address sexual harassment in the public sector, the Committee requests the Government to provide information on any prevention and awareness-raising measures adopted in the private sector. The Committee also requests the Government to report the number of complaints of sexual harassment lodged with the labour inspectorate and the judiciary, the action taken thereon, the sanctions imposed and remedies awarded.

Promotion of equality of opportunity and treatment irrespective of race and colour. The Committee notes that, in its periodic report to the United Nations Committee on the Elimination of Racial Discrimination (CERD), the Government referred to the measures that are being taken, principally by the National Institute for Women (INAMU) within the framework of the National Policy for Gender Equality and Equity (PIEG 2007–17), such as the Agenda for Women of African Descent and the National Forum of Indigenous Women (CERD/C/CRI/19-22 of 17 January 2014). The Committee also notes the National Plan for Persons of African Descent (2015–18), setting out policy measures targeting the promotion of equality, access to education and justice and the adoption of special measures. The Committee requests the Government, in accordance with Article 3(f) of the Convention, to provide specific information on the effectiveness of the measures adopted and the results achieved in the inclusion of indigenous men and women and those of African descent in the labour market and the development and recognition of their traditional occupations. The Committee also requests the Government to provide the available statistical information on the participation of men and women in the labour market, disaggregated by race and colour.

Articles 2 and 3. Migrant workers. In its previous comments, the Committee referred to the situation of Nicaraguan workers in the country and requested the Government to indicate whether the legislation protects migrant workers and whether there have been complaints by Nicaraguan workers concerning discrimination. The Committee notes that the Government refers to the regulations on foreign nationals (Decree No. 37112-G of 2012), which establish different categories of migrants, but do not contain protective provisions against discrimination. The Committee recalls that the Act of 1960 prohibiting discrimination at work does not exclude migrant workers from protection. The Committee also notes the reference by the Government to a decision of the Constitutional Chamber of the Supreme Court of Justice (No. 2015-006405) reaffirming the right to equality before the law of a Nicaraguan worker who had suffered discrimination on grounds of nationality. The Committee emphasizes that the existence of legislation is not sufficient to give effect to the Convention and that appropriate methods have to be adopted to ensure effective protection in practice. Accordingly, under Article 3(f) of the Convention, the Government is required to provide information on the action taken in pursuance of the national equality policy and the results secured by such action. The Committee requests the Government to provide information on the measures taken to ensure that migrant workers enjoy effective protection in practice, and particularly on the effectiveness and results of such measures.

Application in practice. In its previous comments, the Committee noted that the handbook of procedures for the labour inspectorate was being revised and that it was planned to expand the manner in which it addresses discrimination. The Committee requests the Government to provide information on any developments in this regard, with an indication of the subjects related to discrimination that have been covered and whether sexual harassment has been included in the handbook. The Committee also requests the Government to provide information on any complaints made to the labour inspectorate, or to the administrative or judicial authorities, relating to cases of discrimination in employment in the public and private sectors, including export processing zones, with an indication of the action taken on such complaints, the sanctions imposed and the remedies awarded.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes the Government’s communication in reply to the comments made by the Confederation of Workers Rerum Novarum (CTRN), dated 30 August 2012. The Committee recalls that the CTRN’s comments referred to discrimination against Nicaraguan Workers, failure to grant maternity leave and discrimination against workers with disabilities and workers living with HIV.

The Committee notes that, with regard to workers with disabilities, the Government refers to Act No. 7600 on equality of opportunity for persons with disabilities and the Act providing incentives to employers recruiting persons with disabilities (Act No. 7092). The Government adds that Act No. 7771 provides protection against discrimination for persons living with HIV and prohibits the requirement of HIV tests. The Government further indicates that the labour inspectorate is empowered to investigate any complaint concerning discrimination at work on grounds of age, sex, race, national extraction, HIV and AIDS, as well as complaints of sexual harassment. The Committee notes the model employment contract agreed between Nicaragua and Costa Rica, which contains provisions on terms and conditions of employment. The Committee requests the Government to provide information on the application in practice of the agreement on the model employment contract concluded between Nicaragua and Costa Rica. The Committee also requests the Government to indicate whether the legislation in force covers migrant workers and whether Nicaraguan workers who consider that they have suffered discrimination at the workplace have lodged complaints in this regard. The Committee further requests the Government to provide information on any administrative or judicial action taken to address discrimination on the grounds of nationality, disability or seropositive status. The Committee also asks the Government to reply to the issues raised in its previous direct request.

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

The Committee notes the observations of the Rerum Novarum Workers’ Confederation (CTRN) of 30 August 2012, which refer to the following: (i) discrimination against foreign workers, mainly of Nicaraguan origin, in the construction sector and on plantations, who receive lower pay than Costa Rican workers and also have inferior working conditions; (ii) discrimination against women as a result of marked occupational segregation, sexual harassment and failure to grant statutory maternity leave; and (iii) discrimination against workers with disabilities. The Committee requests the Government to send its comments on these matters.

Article 1(1)(a) of the Convention. Legislation. In its previous comments the Committee referred to Bill No. 16970 concerning the prevention and elimination of discrimination, which does not establish colour as a ground of discrimination. The Committee notes the Government’s indication that the Bill is being examined by the Legislative Assembly and that the Human Rights Committee of the Assembly has been informed of the need to include colour among the grounds of discrimination. The Committee requests the Government to continue to supply information on the legislative progress of Bill No. 16970 concerning the prevention and elimination of discrimination and asks the Government to take steps to ensure that colour is included as a prohibited ground of discrimination.

Sexual harassment. In its previous comments the Committee referred to the adoption of Act No. 8805 amending the Act against sexual harassment in employment and teaching and asked the Government to provide information on the implementation of the Act and on the measures taken to raise awareness of this issue. The Committee notes that the Directorate for Women has received information sent by various institutions in which the Act is applied, and this has given rise to the formulation of a set of interpretations of the Act and of recommendations intended for these institutions. The interpretations highlight the importance of protective measures for victims, the prohibition of preliminary investigations for reasons for confidentiality and the application of the principle in dubio pro victim (a presumption in favour of the victim). The Government indicates that the inter-institutional commission, coordinated by the Women’s Ombudsman and which includes representatives from the Ministry of Public Safety, the judiciary, the Supreme Election Tribunal, the National University and other bodies, has continued its work to collaborate in the process of implementation of the Act. The tasks performed include training activities for staff relating to sexual harassment and the preparation of model regulations for those institutions which have still not adopted regulations against sexual harassment. The Government indicates that, of the 50 per cent of institutions that have regulations relating to sexual harassment, 14 per cent are in conformity with the legislation in force. The Committee requests the Government to continue to supply information on the implementation of Act No. 8805 concerning sexual harassment and in particular on the training and awareness-raising measures which have been adopted, their impact on the prevention of sexual harassment in the workplace and also measures to ensure that entities and institutions have adopted regulations on sexual harassment which are in conformity with Act No. 8805. The Committee also requests the Government to provide information on the number of complaints of sexual harassment submitted to the labour inspectorate and the judicial authorities and any follow-up action taken.

Article 1(1)(b). Real or perceived HIV status. The Committee draws the Government’s attention to the HIV and AIDS Recommendation, 2010 (No. 200), in particular Paragraphs 9–14 and 37. In the context of implementation of the General Act concerning HIV/AIDS and in particular section 10 thereof, which prohibits any employment discrimination against any worker living with HIV/AIDS, the Committee requests the Government to provide information on the policies and programmes adopted in relation to HIV/AIDS in the workplace, and also the legislation, collective agreements or judicial decisions which provide specific protection to prevent stigmatization or discrimination relating to real or perceived HIV status in the context of employment and occupation.

Article 2. National equality policy. Gender equality. The Committee notes the Government’s statement that, in the context of the National Policy on Gender Equality and Equity 2010–17, a review was undertaken of the Plan of Action for 2010 and a second Plan of Action for 2010–14 was drawn up with the participation of women’s and civil society institutions and organizations. The Government indicates that, even though progress has been made in the context of paid work and income generation, problems have been encountered in capacity building for women from the poorest groups and indigenous women with a view to their integration in the labour market and the elimination of discrimination at work. The Plan establishes instruments aimed at reducing the existing gender gap, giving support to micro-enterprises and specific actions in agriculture. While emphasizing the increased participation of women in formal employment, the Government states that the National Training Institute conducted activities in the context of the National Child Care and Development Network to promote the employability of women through the formulation and validation of the Assistance Programme for the Comprehensive Care of Young Persons, with a view to giving professional recognition to work traditionally undertaken by women. The Government adds that measures have been taken to consolidate the “gender equality management system”, to which the Government referred in its previous report. This includes an audit system which enables member workplaces to gradually eliminate discrimination and segregation. At present, there is one certified enterprise and four which are in the process of obtaining certification. Also being updated is the system of gender indicators, which contains 101 indicators and is valid for a ten-year period. The Committee underlines the importance of taking specific measures with a view to the elimination of gender-based segregation and points out that it is therefore necessary to eliminate stereotypes concerning the aspirations, preferences and capabilities of women and their “suitability” for certain jobs, which have contributed to occupational gender segregation within the labour market, with women concentrated in certain jobs and certain sectors of activity (see General Survey on fundamental Conventions, 2012, paragraph 697). The Committee requests the Government to continue to supply information on the measures taken in the context of the National Policy on Gender Equality and Equity 2010–17, particularly the specific results achieved on the basis of the measures for the elimination of occupational gender segregation and the integration of women in professions and occupations traditionally performed by men. The Committee requests the Government to provide labour market statistics disaggregated by sex, economic sector, occupation and jobs. The Committee also requests the Government to provide information on the voluntary audits in organizations undertaken in the context of the “gender equality management system”, referred to in its previous report. Please also provide additional information on the system of gender indicators.

Promoting equality of opportunity and treatment irrespective of race and colour. The Committee requests the Government to provide information on the situation of indigenous women and women of African extraction and on the measures taken by the Government in this respect, particularly with regard to their integration in the labour market and the development of their traditional occupations.

Export processing zones. The Committee notes the information provided by the Government to the effect that a total of 7,728 new direct jobs were created, of which 5,302 are in the services sector and 68 per cent of which are in the area of high technology. The Committee requests the Government to provide information on the number of men and women employed in the export processing zones and on their conditions of work. The Government is requested in particular to provide statistics relating to complaints of discrimination submitted by workers in export processing zones, the grounds of discrimination concerned, the outcome thereof and the follow-up action taken.

Parts III and IV of the report form. Enforcement. The Committee notes that, according to the information supplied by the National Director of the Labour Inspectorate, the handbook of labour inspection procedures is being revised and it is planned to expand the section relating to the treatment of discrimination. The complaints submitted to the inspectorate include 228 complaints concerning the dismissal of pregnant or nursing women, restrictions on the rights of pregnant workers, and sexual harassment. The Ministry of Labour conducted five investigations. The Government states that the Directorate for Labour Inspection undertook 101 training courses in 2011 for 7,000 persons, both employers and workers. Three tripartite activities were also undertaken. The Committee requests the Government to continue to provide information on the results of labour inspections and on complaints of violation of the Convention submitted to the judicial or administrative authorities. The Committee also requests the Government to provide information on the revision of the handbook of labour inspection procedures and on the training courses relating to discrimination which have been conducted by the Directorate for Labour Inspection for its officials and for workers and employers in general.

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

Legislation. In its previous comments the Committee noted Bill No. 16970 for the prevention and elimination of discrimination. The Committee notes the copy of the Bill sent by the Government and the Government’s indication that the Bill is currently awaiting presentation to and discussion within the Human Rights Committee of Congress. The Committee also notes that section 4 of the Bill recognizes that the prohibited grounds of discrimination include ethnic or national origin, sex, age, disability, social or economic status, conditions of health, pregnancy, language, religion, opinions, sexual orientation, civil status and cultural diversity. However, the Committee observes that the Bill does not include colour among the prohibited grounds of discrimination and recalls the importance of ensuring that, when legislation on discrimination is adopted, account is taken of all the prohibited grounds of discrimination enumerated in Article 1(1)(a) of the Convention. The Committee requests the Government to continue to provide information on the progress made in the adoption of Bill No. 16970 for the prevention and elimination of discrimination and asks the Government to ensure that when it is adopted, it will fully reflect the provisions of the Convention. The Committee recalls that the Government may avail itself of technical assistance from the Office.

National gender equality policy. The Committee notes the Government’s indication that the National Institute for Women (INAMU) has conducted a review of compliance with the National Policy for Gender Equality and Equity (2008–12). Under this policy, the “workplace gender equality management system” has been implemented, whereby public or private organizations are voluntarily audited by INAMU with a view to evaluating the progress made concerning the economic and labour rights of women. The criteria to be taken into account in this audit are human resources management, overall health and the sharing of work and family responsibilities. To date, the system has been implemented in five enterprises. The Committee also notes that, in the context of the National Vocational Training System (SINAFOR), gender mainstreaming is being applied to curriculum development at the National Training Institute, and measures have been adopted to increase the cross-cutting impact of the gender component. The Committee requests the Government to continue to supply information on the implementation of the National Policy for Gender Equality and Equity (2008–12) and its impact on the promotion of equality of opportunity and treatment between men and women in employment and occupation, particularly measures taken to address occupational segregation, which is a feature of the labour market, according to the statistics supplied by the Government. The Committee also requests the Government to continue to supply statistics on the situation of women and men in the labour market and on their distribution in the various occupations, posts and economic sectors.

Export processing zones. The Committee notes the information provided by the Government regarding the proportion of men and women employed in the export processing zones, which has remained stable (60.59 per cent men, 39.41 per cent women). The Committee requests the Government to continue to provide information in this regard.

Promoting equality of opportunity and treatment irrespective of race and colour. The Committee notes the Government’s indication that initiatives have been promoted to increase employment possibilities and strengthen capacities for production and entrepreneurship for indigenous women. Temporary day-care centres have also been established during the coffee harvest for indigenous women. The Committee requests the Government to continue to provide information on the INAMU initiatives and their impact on indigenous women and women of African descent with respect to employment and occupation. The Committee also requests the Government to provide information on the situation of indigenous peoples and persons of African descent in the labour market and the measures taken or contemplated to promote equality of opportunity and treatment for the members of these groups, in accordance with the Convention.

Complaints. The Committee notes the Government’s information concerning the activities of the Ministry of Labour and Social Security and the labour inspectorate, including: (1) the organization of two workshops for inspection staff with the aim of analysing procedures and responses with regard to the provision of care for pregnant women who have been dismissed from their jobs, and the provision of training on this subject for three officials of the Labour Relations Department; (2) the organization by INAMU of a workshop on sexual harassment for staff of the Ministry of Labour and Social Security; (3) the formulation of a plan of action under the gender equality policy of the Ministry of Labour and Social Security for the next decade, which provides for training activities for inspectors; and (4) the revision of the handbook of procedures of the labour inspectorate, which lays down procedures for handling cases of dismissal during pregnancy or the nursing period, sexual harassment, and discrimination. The Committee requests the Government to continue to provide information on the progress made with regard to the strengthening and capacity building of the monitoring and inspection mechanisms of the Ministry of Labour and Social Security, and on the results of labour inspections and of complaints for violations related to the Convention brought before the judicial and administrative authorities.

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

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.

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

Legislation. The Committee notes that a draft Act to prevent and eliminate discrimination is under discussion for approval (dossier No. 16970). The Committee asks the Government to provide a copy of the draft Act and to provide information on the steps taken towards the adoption of this Act.

National policy of gender equality. The Committee notes that the Plan of Action 2008–12 accompanying the policy of gender equality and equity (PIEG) aims at realizing the objectives set out in the PIEG, specifying the actions and the institutions responsible for carrying them out. Through the actions proposed, the Plan seeks to produce changes that can contribute to reducing the gender gaps related to, among others, employment and revenues, family responsibilities and education. The Committee notes that the Plan of Action also provides the extension of the direct coverage of the social security contribution of housewives, women domestic workers, and, in general, categories of women subject to discrimination.

Likewise, the Committee notes that in November 2008 Executive Decree No. 34936-MTSS establishing the national system of placement, orientation and information on employment was adopted. In the Government’s view, the adoption of this Decree may be important due to the use of inclusive language and its focus on gender. However, the Committee notes that the necessary conditions to mainstream gender in an integral way in the development of the system do not exist. The Committee also notes that pilot projects on placement are being promoted in two municipalities. With regard to its request concerning the guide on “good labour practices on gender”, the Committee notes that the guide could not be printed because of the lack of sources for funding.

The Committee asks the Government to provide information on the implementation of the Action Plan 2008–10 accompanying the PIEG and its impact on the promotion of equality of opportunity and treatment between men and women in employment and occupation. The Committee also asks the Government to clarify the nature of the factors hindering the mainstreaming of gender in the development of the national system of placement, orientation and information on employment and invites the Government to supply information on the outcomes of the pilot projects carried out in the municipalities. Please also provide statistical information on the situation of men and women in the labour market and on their distribution in the different occupations, positions, and economic sectors.

Export processing zones. The Committee notes that according to the data of the Office for the Promotion of Foreign Trade of Costa Rica (PROCOMER), at the end of 2008, 55,718 persons, 60.4 per cent of which were men and 39.6 per cent were women, worked directly under the regime of the export processing zones. The Committee notes that there are no statistics disaggregated by occupational category concerning the distribution of men and women in this sector. The Committee asks the Government to continue to provide information on the situation of men and women working in the export processing zones.

Promoting equality of opportunity and treatment irrespective of race and colour. The Committee notes the concerns expressed by the Committee on the Elimination of Racial Discrimination regarding the low salaries gained by indigenous peoples compared to the rest of the national population, and the difficulties they face in accessing education. It also notes the concerns expressed about the unemployment rate of young afro-Costa Ricans which is higher than the national average despite the high level of school enrolment of the afro-Costa Rican population (CEDR/C/CRI/CO/18, 17 August 2007, paragraphs 13 and 18). The Committee notes the initiatives of the National Institute of Women (INAMU) in favour of indigenous and afro-descendent women. The Committee asks the Government to continue to provide information on the initiatives of the National Institute of Women and their impact on the labour situation of indigenous and afro-descendent women. The Committee again asks the Government to provide information on the situation of indigenous and afro-descendent people in the labour market and the measures adopted or envisaged to promote equality of opportunity and treatment of the members of these groups in accordance with the Convention.

Complaints. The Committee notes the information provided by the Government with respect to the manner in which labour inspectors carry out inspection and re-inspection of workplaces. It notes that to date no complaints related to the provisions of the Convention have been recorded. The Committee also notes that the Action Plan 2008–12 aims to strengthen the mechanisms existing within the Ministry of Labour and Social Security to ensure compliance with women’s labour rights and protection against labour discrimination, namely dismissal of pregnant or breastfeeding women, sexual harassment and harassment at work. The Committee asks the Government to provide information on the progress made to strengthen the mechanisms existing within the Ministry of Labour and Social Security. The Committee also asks the Government to plan training activities in favour of labour inspectors on discrimination in employment and occupation and to provide information on the measures taken in this regard. Please continue to provide information on the results of labour inspections and on any complaints concerning the violation of the Convention brought before the competent authorities.

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

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.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. National gender equality policy. The Committee notes the detailed report provided by the National Institute for Women (INAMU) on the changes which occurred during the period covered by the report. It notes the National Gender Equality and Equity Policy (2007–17), which establishes six strategic objectives. It notes in particular that the first three objectives are related to employment: the first concerns childcare as a social responsibility through the improvement of the provision of services and the promotion of shared responsibility between women and men; the second proposes the removal of the principal causes of wage gaps between women and men; and the third concerns training activities which should cover all children by 2017 with a view to removing the stereotypes which hinder equality between men and women. The INAMU has also provided constant support to the Gender Unit of the Ministry of Labour and Social Security (MTSS) for the implementation of the Plan of Action for Gender Equality and Equity 2003–06, is collaborating with the above Unit for the mainstreaming of a gender approach in the MTSS and is exerting pressure on the National Employment Information, Guidance and Placement System. The INAMU indicates that it may be concluded that women’s participation in the labour market has increased, but has not been accompanied by a significant improvement in their living conditions or quality of employment. A strategic activity in this respect promoted by the INAMU consists of employment recognition for public and private organizations which have developed a Gender Equity Management System (SIGEG). A survey carried out by the INAMU in collaboration with the MTSS and the ILO shows that there are organizations in Costa Rica concerned to offer women better employment opportunities and efforts are being made to ensure that more organizations adopt similar measures. The Committee welcomes the systematic efforts that are being made and requests the INAMU to continue providing information in this respect. Noting the information contained in the paragraph on the promotion of the National Employment Information, Guidance and Placement System and the reference to the difficulty of obtaining the approval of the Bill due to its wording, the Committee requests additional information on the content of the Bill and on the action taken to promote equality for women in the context of the above system. The Committee also notes the action undertaken by the Gender Equity Unit of the MTSS, with particular reference to the preparation of a guide on good labour practices in relation to gender, which has been applied in 30 enterprises, and it would be grateful if the Government would provide a copy of the guide on good practices once it is published. It would also be grateful if the Government would continue to provide information on the activities carried out by the Gender Equity Unit.

2. Complaints. The Committee notes that, during the period covered by the report, the records kept by the National Directorate of Inspection do not contain any type of complaint relating to the Convention. The Committee considers that the absence of complaints does not mean that the principle of the Convention is being applied, but that the means used by inspectors may not be appropriate for detecting infringements. The Committee requests the Government to provide information on the manner in which the labour inspectorate operates for the detection of cases of discrimination and on the training provided to inspectors in this regard.

3. Assistance services. The Committee notes that, according to the Gender Equity Unit of the MTSS, most of the cases of sexual harassment that it addresses do not go on to the level of becoming official complaints, and remain at the level of advice and guidance. Please indicate the possible reasons why such cases do not reach the level of complaints, and whether any changes occur once the planned amendments to the Act to combat sexual harassment are implemented.

4. Export processing zones. The Committee notes that in 2006 a total of 25,858 men (60 per cent) and 17,344 women (40 per cent) worked in export processing zones. The Committee requests the Government to indicate the distribution of men and women in the various categories of occupations in export processing zones and the corresponding levels of the wages received by men and women in these zones.

5. Race and colour. The Committee notes that, according to the National Institute of Statistics and Census, it is hoped to be able to introduce improvements and include ethnic origin in the compilation of data, possibly as from 2008. The Committee hopes that the Government will be in a position to provide precise information on the indigenous and black population in the labour market and requests it to provide detailed information on the national policy of equality of opportunity and treatment in employment and training for indigenous and black people.

6. Other grounds of discrimination. The Committee notes that the Government has provided detailed information which reflect its efforts to achieve gender equality. The Committee would be grateful if the Government would provide more detailed information on the other grounds of discrimination prohibited by the Convention.

 

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

1. The Committee notes with interest the activities undertaken by the National Institute for Women (INAMU) and the Gender Equality Unit of the Ministry of Labour and Social Security (MTSS) for the implementation of systematic plans to improve not only the quantity, but also the quality of employment for women, to which it refers in its direct request.

2. It also notes that on 8 March 2007 a draft amendment to the Act to combat sexual harassment was submitted to the Legislative Assembly. This draft text reflects the annual report 2005–06 of the Office of the Defender of Women in the National Office of the Defender of the Population, which indicated that although the Act to combat sexual harassment was intended to protect the interests of victims of harassment, its application has often had the opposite effect of restricting the rights of women as victims, giving rise to an exponential increase in sexual harassment. The draft text is the outcome of six months’ work by the following institutions: the Office of the National Defender of the Population, through the Office of the Defender of Women; the University of Costa Rica, represented by the Centre for Women’s Investigations and Studies (CIEM); the Technological Institute of Costa Rica, represented by the Gender Equality Bureau; the National Institute for Women, represented by the Gender Violence Unit; the Legislative Assembly (two deputies from the Special Standing Commission for Women and two technical advisers to the Technical Services Department of the Legislative Assembly); and the non-governmental organization “Feminist Network for Non-violence against Women”, which examined the shortcomings of the current Act with a view to preparing a new draft text. The draft includes innovative amendments aimed at establishing accessible remedies, such as the explicit prohibition in examining evidence to consider the record of complainants, particularly in relation to the expression of their sexuality, so as not to further victimize complainants, and the limitation placed on conciliation in view of the inequality between the parties. It also provides for the intervention of the Ministry of Labour and the Office of the Defender, and provides that evidence shall be evaluated in accordance with the rules of sound judgement and, in the absence of direct evidence, reference shall be made to circumstantial evidence, along with other principles which emerged in the examination of problems in the application of the existing Act. The Committee hopes that the Government will provide information on the adoption of this draft legislation and on its impact in practice.

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

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

1. Article 1 of the Convention. The Committee notes that “national extraction” is included among the grounds of discrimination in the Act to Prohibit Discrimination at Work, No. 2694 of 1960.

2. Article 2. The Committee takes note of the various labour-related programmes, projects and activities undertaken by the National Institute for Women (INAMU) in pursuit of equality, including gender equality and gender equity. Noting also that the Government’s report refers to the National Plan for Gender Equity at Work, the Committee would be grateful if the Government would provide information on the plan and its practical impact on INAMU’s activities and new agenda items that have a bearing on the application of the Convention.

3. Gender Equity Unit. The Committee notes with interest the aims and functions of the Gender Equity Unit of the Ministry of Labour and Social Security, the institutional measures undertaken in 2003 and the resulting statistical data. The Committee asks the Government to continue to provide information on the activities of the abovementioned Unit and their practical outcomes.

4. Race and colour. With regard to point 5 of its previous direct request, the Committee notes that as far as it is able, the Government will take the necessary steps to ensure that the module concerning ethnicity is included as a regular and permanent feature of all future household surveys so that it will be able to provide accurate information on the integration of the indigenous and black populations into the labour market with the same opportunities and treatment as the rest of the population. The Committee trusts that the Government will be in a position to provide this information in its next report along with information on specific measures adopted to promote the application of the Convention in relation to the abovementioned groups.

5. Labour inspection. Noting that there have been no complaints and violations reported pursuant to Ministerial Directive No. 7 of 19 September 2001, issued by the National Labour Inspection Department in order to address cases of discrimination, the Committee notes with interest Presidential Directive No. 010‑2003 laying down the circumstances that constitute labour discrimination and empowering the Labour Inspectorate to investigate complaints and, in the occurrence of any of these circumstances, take relevant action to remedy the matter in accordance with the labour law in force. The Committee requests the Government to keep it informed of the outcome of the implementation of the abovementioned directive, indicating the number and nature of the cases of discrimination identified by the Labour Inspectorate and/or referred by other agencies of the Ministry, together with a copy of summaries of inspection reports. The Committee also requests information on the outcome of the complaints, including the action taken and any penalties applied, and requests copies of any administrative and/or judicial decisions.

6. Assistance service. The Committee notes the Gender Equity Unit’s labour helpline and assistance and follow-up service for special cases of discrimination and sexual harassment, and the statistical results. The Committee requests the Government to report on any complaints and/or legal action resulting from the special cases dealt with by the Unit and on any follow-up.

7. Export processing zone. The Committee notes that the Government is ready to take the necessary steps to have the statistical data referred to in point 6 of the previous direct request disaggregated by sex. The Committee trusts that the Government will be in a position to provide such statistical information in its next report.

8. Sexual harassment. The Committee notes the Government’s efforts to secure the adoption by the Legislative Assembly of the draft Bill to amend the Act against Sexual Harassment in Employment and Teaching, and the Bill to “penalize violence against women”. The Committee urges the Government to step up its efforts to secure the enactment of these two important laws to ensure equality of treatment and opportunity in employment and occupation, and asks it to report on the status of the two bills.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the information supplied in the Government’s report and the attachments to the report. The Committee requests the Government to provide information on the following matters.

1. Referring to its general observation of 2002, the Committee notes the information supplied by the Government on Act No. 7476 to combat sexual harassment in employment and in the teaching profession. The Committee notes that the Act provides for a complaints procedure, protection for persons involved in the procedure and measures to disseminate these mechanisms in labour and education circles. The Committee also notes the draft reform of the above Act and a bill to punish violence against women. The Committee would be grateful if the Government would send the texts of the above bills to the Office and to report on any progress in the adoption of new legislation.

2. The Committee referred in its previous comments to the various provisions on discrimination at work. The Committee notes with interest that a bill has been drafted and submitted to the Legislative Assembly (file No. 15.051) which includes even more grounds of discrimination than Article 1 of the Convention (age, ethnic group, gender and religion). The Committee observes that, unlike the Convention, draft new section 619(a) of the Labour Code does not mention "national extraction" among the grounds of discrimination. The Committee reminds the Government that discrimination on grounds of national extraction covers the case of discrimination due to the nationality of a person’s forebears: for example, a person may be of Costa Rican nationality but suffer discrimination because of the nationality of his or her parents or grandparents. The Committee would be grateful if the Government would indicate whether the term "ethnic group" covers persons liable to suffer discrimination of the kind described above.

3. The Committee notes with interest the numerous measures adopted and envisaged by the National Institute for Women (INAMU) for the period from 2000 to 2006 to secure gender equality and equity in labour matters, of which the following deserve special mention: (a) strengthening the framework afforded by policies, standards and programmes to ensure that the national policy for gender equality and equity is conducted with the full commitment of the State, and that it is translated into mandatory targets to be achieved by the institutions involved in its development; (b) increasing and strengthening women’s capacities ranging from their diversity to all areas in which they participate, to enable them to assume responsibility in the filing of complaints and claims; (c) eradicating social and cultural patterns conducive to discrimination and violence against women; (d) raise awareness of women’s rights among the staff of services that deal with labour relations and employment and the staff of inspection services; and (e) acquaint women with the existence of complaints procedures and how they work. The Committee notes that women’s economic rights at work constitute one of the guiding threads of the goals set by INAMU and are the focus of the project "Labour Recognition for Public and Private Organizations that Develop a Gender-Equity Management System (SIGEG)", which is already under way. The Committee further notes the activities conducted by the Inter-institutional Committee for the Measurement of Female Labour to coordinate joint efforts by institutions with a view to making women’s contribution to national development more visible. The Committee also takes note of the publications produced in the "non-sexist education series" designed to instruct teachers on how to incorporate a gender component in the various assignments and courses offered by the Gender Equity Unit in 2002 and 2003 in order to raise awareness of women’s rights among men and women. The Committee notes that a handbook of good labour practices was prepared in 2002 which includes information on the reporting of cases of sexual harassment and gender discrimination at work and that guidelines have been prepared on introducing a gender perspective in labour. Furthermore, a labour helpline "800-Trabajo" has been established and the data collected show that most callers seek information concerning pregnancy and breastfeeding, and sexual harassment. The helpline also gives advice on the machinery for complaints and follows up on complaints lodged. The Committee trusts that the Government will be in a position to provide information in its next report on the contribution made by the various programmes, projects, publications and activities mentioned above to achieving gender equality and equity in the labour market.

4. The Committee notes with interest the text, appended to the report, of Ministerial Directive No. 7 of 19 September 2001 on the treatment of discrimination cases which was issued to the National Labour Inspection Department. The Committee would be grateful if the Government would report any complaints and infringements recorded in the implementation of the Directive.

5. The Committee notes that, according to the Government, there are no specific programmes to support the integration of the indigenous and black populations into the labour market with the same opportunities and treatment as the rest of the population, because the Constitution establishes that all are equal before the law. The Committee recalls its previous comments in which it pointed out that although a prerequisite, appropriate legislation is not in itself enough to secure effective application of the Convention: practical measures are needed in order to promote access for some vulnerable groups on the basis of equality of opportunity and treatment. The Committee would be grateful if the Government would provide information on the black population’s status in the labour market, such as statistical data by region showing the percentage of unemployment of this population and its participation rate in the various zones and at various levels of occupation. The Committee refers the Government in this connection to its comments on the application of the Indigenous and Tribal Peoples Convention, 1989 (No. 169).

6. The Committee notes the statistical information on the enterprises that come under the free zone which the Government sent with its report. It would be grateful if the Government would take the necessary steps to ensure that in future these data are disaggregated by sex so that the Committee may assess women’s participation and status in this sector.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information provided by the Government and the attached documentation.

1. The Committee notes with interest the adoption of Decree No. 29044 TSS COMES, of 30 October 2000, establishing the National Employment Programme (PRONAE) and its Regulations; Decree No. 29221 MTSS, of 20 November 2000, establishing the Gender Equity Unit in the Ministry of Labour and Social Security; Decree No. 29219 MTSS, of 22 December 2000, issuing the rules of the National Employment Mediation Council; Administrative Instruction No. 2, of 16 May 2001, on non discrimination in employment on grounds of gender; Act No. 8107, of 18 July 2001, introducing a new 11th Title into the Labour Code, under the heading "Prohibition of Discrimination"; and Act No. 8089 respecting the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women.

2. The Committee notes that the new 11th Title of the Labour Code introduced by Act No. 8107 provides in section 618 for the prohibition of any discrimination in work on grounds of age, ethnic origin, gender or religion. The Committee also notes that Act No. 2694, of 22 November 1960, prohibiting discrimination at work, includes in its first section a broader definition of grounds upon which discrimination is prohibited, namely discrimination based on race, colour, sex, age, religion, civil status, political opinion, national extraction, social origin, filiation or financial situation. The Committee would be grateful if the Government would explain the compatibility between these laws and would indicate whether all of the grounds for protection set out in the Convention are effectively covered.

3. The Committee notes with interest the progress report from May 2000 to April 2001 concerning the national policy for equality and gender equity. The Committee notes that the national policy for equality for women is formulated and implemented, not by the National Institute for Women (INAMU), but within public institutions with the technical assistance and support of the Institute. It notes that the strategy has not been to formulate the policy by INAMU, but to involve and achieve the participation of men and women public servants from the beginning, focusing on the development of bottom up collaboration processes in the organizational structure. The Committee requests the Government to continue providing information on the measures adopted and the action taken, as well as the progress achieved by INAMU and the other institutions involved in developing the national policy for equality and gender equity.

4. The Committee notes the progress achieved in terms of action to promote the labour rights of women, including the training of 84 women in the fields of pregnancy and nursing, sexual harassment, discrimination in access to and promotion within employment, and occupational health. The Committee also notes the inclusion of gender considerations in 50 basic education programmes at the various levels (primary and secondary). The Committee requests the Government to continue providing information on the progress achieved in the process of training teachers and preparing teaching manuals and materials.

5. The Committee notes that no claims have been registered relating to employment and occupation in the institutions to which appeals may be made under Decree No. 27897 S issuing the regulations under the General Act on HIV/AIDS. The Committee requests the Government to continue providing information on the general application of the above Act.

6. With regard to the discrimination that may be suffered by members of indigenous peoples, the black minority and other sectors on grounds of race, colour or national extraction, the Committee reminds the Government that the existence of appropriate legislation is a necessary prerequisite, but is not sufficient in itself for the effective application of the Convention. In this respect, the Committee refers to paragraphs 206 to 234 of its Special Survey on equality in employment and occupation of 1996 and recalls that it is necessary to adopt practical measures to promote access on the basis of equality of opportunity and treatment and that the prohibition of discrimination is not sufficient in itself for its disappearance, even where the legal provisions are correctly applied. The Committee requests the Government to provide information on the measures which are being adopted or are envisaged within the context of the National Employment Programme (PRONAE) or other programmes to promote access to equality of opportunity for members of indigenous populations and the black minority.

7. The Committee requests the Government to provide statistics and data disaggregated by sex on conditions of work, wages, hours of work, etc., of workers in export processing zones so that it can ensure the application of the Convention in this respect.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

1. The Committee notes that Act No. 7801 of 30 April 1998, establishing the National Women's Institute, repealed the Act establishing the National Centre for the Development of Women and the Family and transformed the above Centre into the National Women's Institute. It also notes that section 3 of the above Act provides that the Institute's objectives include: declaring and pursuing a national policy for gender equality and equity, in coordination with the public institutions; protecting the rights of women as set out in Costa Rican laws and regulations and international treaties; and coordinating public policies and promoting the social, political, cultural and economic participation of women under conditions of equality and equity with men. The Committee would be very interested in receiving information on the measures adopted, action taken and achievements of the Institute.

2. The Committee notes that the bill which envisaged the amendment of the Organic Law on the National Banking System with a view to promoting the access of women to credit has not been approved. In view of the fact that the bill was designed to facilitate the access of women to income-generating activities, please indicate any other measure adopted to promote the access of women to the labour market and to self-employment. The Committee also notes that the draft revision of the Penal Code respecting sexual harassment and propositioning is currently being examined by the Legal Affairs Committee and it hopes that it will be kept informed of developments in this respect.

3. The Committee requests the Government to keep it informed of the measures adopted to promote the access to education and employment, under conditions of equality of opportunity and treatment, of indigenous peoples, the black minority and other sectors that might be subject to discrimination on the grounds of race, colour or national extraction.

4. The Committee notes with interest Decree No. 27894-S, issuing the regulations implementing the General Act on HIV-AIDS, published in La Gaceta No. 115 of 15 June 1999. Chapter VI on measures against discrimination includes section I on measures against discrimination in the fields of labour and education and section II on measures against discrimination in administrative matters. They also establish the procedure to be followed in the event of complaints of discrimination, which includes the requirement of transmitting a copy of the report to the HIV-AIDS Comprehensive Assistance Council. The Committee reminds the Government of the possibility established in Article 1(b) of the Convention of including under the term "discrimination" for purposes of the Convention, in addition to the grounds set out in Article 1(a), "such other distinction, exclusion or preference which has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation as may be determined by the Member concerned after consultation with representative employers' and workers' organizations ...". The Committee would therefore appreciate receiving information on the application of the General Act on HIV-AIDS in respect of employment and occupation, and particularly on the application of Chapter VI of the Regulations referred to above.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

1. The Committee took note in an earlier observation of the comments made by the Costa Rica Inter-Confederal Committee on 26 August 1997, concerning alleged violations of various Conventions ratified by Costa Rica, including Convention No. 111. These comments were communicated to the Government on 12 September 1997 for any reply it deemed appropriate to make. The Government sent its comments in a communication dated 9 June 1998.

2. In its comments, the Costa Rica Inter-Confederal Committee alleges that Costa Rican footballers cannot freely obtain employment for the following reasons:

-- Every professional team must register its players' list with the Competitions Department of the Costa Rica Football Federation, a private association of football employers.

-- No footballer can work officially for an employing sports association without being registered.

-- A footballer wishing to change employers must be de-registered from the team in which he is currently employed.

-- The de-registration may take place for one of three reasons: (1) it is the wish of the employer; (2) it is stipulated under the terms of an employment contract; or (3) it is required following the decision of an arbitration panel operating under the auspices of the Football Federation.

3. The trade union organization also alleges that the worker is required to pay a sum of money or sign a declaration renouncing his employment rights, under the threat of refusal to de-register him, which would prevent him from finding other employment. The Committee notes the fact that the Costa Rica Inter-Confederal Committee alleges that under these circumstances, "it is discriminatory to make the footballer's choice of employment dependent on the wishes of his current employer".

4. The Committee notes that the Government's information is consonant with the information provided by the trade union organization with regard to the restrictions on freedom of contract contained in the Rules of the Football Federation, but considers that the situation which has given rise to the complaint is not covered by Convention No. 111 because the restriction imposed on the freedom of footballers to seek other employment (de-registration subject to the wish of the employer) is not based on one of the grounds of discrimination prohibited by the Convention.

5. In its comments, the Costa Rica Inter-Confederal Committee also alleges that the Government tolerates employment announcements which, in a discriminatory manner, set unreasonable conditions or requirements relating to age or sex. The Committee notes that it has not been provided with any specific examples of such announcements, and, in the absence of any information in this regard, finds itself unable to examine this question.

6. The Committee notes with interest the Bill inserting section 109bis in the Organic Law on the National Banking System, concerning measures to promote access to credit for women (Official Gazette, No. 20 of 29 January 1998). This section provides that commercial state banks must promote the development of women (by earmarking at least 30 per cent of their total credit capital for women), preferably women using home-produced raw material in activities which constitute their principal source of income. The banks must also advertise these measures to encourage more women to take advantage of this credit. The Committee notes the potential value of this measure for promoting equal treatment of men and women in employment and occupation, and asks the Government to keep it informed of any follow-up to this project and to provide a copy of the Law in question once it has been adopted.

7. The Committee also notes with interest the draft revision of subparagraph (a) of section 81bis and the addition of sections 161bis and 161ter of the Penal Code (Act No. 4573), published in the Official Gazette No. 134 of 13 July 1998. Under these provisions, sexual harassment and propositioning will be public offences liable to private prosecution and punishable with a prison sentence of between one and two years and two and three years, respectively. The Committee requests the Government to provide a copy of the Act in question once it has been adopted.

8. The Committee refers to its General Survey of 1988 on equality in employment and occupation (paragraphs 30 to 74) with regard to measures taken by countries to guarantee equality of opportunity and treatment in respect of certain types of discrimination, the grounds for which are not referred to in Article 1, paragraph 1(a), of the Convention, giving rise to the definition of new grounds for discrimination under Article 1, paragraph 1(b), of the Convention. The Committee notes with interest the enactment of the General Act respecting HIV-AIDS published in Official Gazette No. 96 of 20 May 1998. Under section 4 of the General Act, all carriers of HIV-AIDS are entitled to freedom from interference in their activities at work, in their occupations and in education. Section 10 of the same Act prohibits any discrimination in employment against any worker with HIV-AIDS, and prohibits any employer, whether public or private, Costa Rican or foreign, from requiring reports or medical certificates from workers concerning their HIV-AIDS status as a condition for obtaining or retaining employment.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes the detailed comments sent by the Costa Rica Inter-Confederal Committee on 26 August 1997 alleging problems in the Government's effective application of the Convention and its failure to send to the Inter-Confederal Committee copies of reports on Conventions in accordance with article 23 of the ILO Constitution. This communication was sent to the Government for comment on 12 September 1997. The Committee notes that the Government has sent no information on it nor a report. It therefore hopes that it will receive the report together with the Government's observations on the Inter-Confederal Committee's communication for examination at its next session.

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

In its previous observation, the Committee had noted the comments of the Trade Union Association of Employees of the Public Customs Service dated 12 October 1995 (transmitted to the Government on 17 November 1995) on alleged favouritism of a "dominant class". The Committee notes the Government's reply on the points raised, denying any arbitrary treatment of public officials and explaining the situation in the Public Customs Service. However, regarding the principle of the Convention, the Government points out that no specific and objective information was supplied in support of the allegations and that none of the seven grounds of discrimination listed in Article 1, paragraph 1(a) were mentioned. In these circumstances, the Committee considers that the matters raised do not fall within the ambit of the Convention.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes the information concerning the application by the judicial authorities of Act No. 7142 of 1 March 1990 to promote the social equality of women, and particularly the application of section 94 of the Labour Code, as amended, which protects pregnant women against dismissal. The Committee requests the Government to continue supplying information on developments in case law in this field.

It would also be grateful if the Government would keep it informed of any measures taken to promote equality of opportunity and treatment of women at work. In particular, the Committee would like to be supplied with (1) statistics on the education and vocational training and guidance provided to girls as compared to boys; (2) information on the opportunities available to women to accede to occupations in which they are under-represented or unrepresented; and (3) statistics on the participation rate of women in employment and on their distribution in the services sector, industry and the public service, by occupational category and type of position (positions involving responsibility and trust).

2. The Committee requests the Government to supply in its next report detailed information on the measures which have been taken to eliminate any discrimination in employment which is based on criteria other than sex, namely on race, colour, religion, political opinion, national extraction or social origin. Furthermore, it requests the Government to supply information on the national policy adopted within the framework of Act No. 2694 of 1960 on prohibition of discrimination in employment, or in the context of other texts, to promote equality of opportunity and treatment in employment in accordance with Article 2 of the Convention. In this respect, the Committee emphasizes that the Government could refer to its 1988 General Survey on Equality in Employment and Occupation, and particularly to Chapter IV concerning the implementation of the principles set out in the Convention.

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

1. Discrimination on the basis of sex. The Committee notes the information provided in the Government's reports, according to which three appeals were filed with the labour tribunals in relation to the application of the Convention, which were found to be without basis. The Committee requests the Government to supply copies of these cases and any other judicial decisions relating to discrimination in employment or occupation which throw light on the application in practice of the national policy as set out in Act No. 7142 of 1 March 1990 to promote the social equality of women.

2. The Committee notes that Act No. 7476 on sexual harassment in employment and education was adopted on 3 February 1995. It includes provisions defining the type of behaviour which may be considered to constitute sexual harassment, and specifies that it is the responsibility of the employer to establish a policy against sexual harassment in the workplace, and to take effective preventive measures including the adoption of procedures for its denunciation, investigation and sanctions. The Committee would be grateful to receive from the Government information in future reports of any cases heard under this Act, including any sanctions imposed.

3. With reference to measures to promote equality of opportunity of women at work, the Committee notes from the statistics provided in the report that the participation rate of women in the national workforce is significantly lower than that of men (31.6 per cent as compared to 75.3 per cent). It accordingly asks the Government to provide specific information on: (1) the education and vocational training and guidance provided to girls as compared to boys; and (2) the measures being taken or contemplated to widen the employment opportunities available for women (as outlined, for example, in paragraphs 82 and 83 of the 1988 General Survey on equality in employment and occupation, where the Committee warns of the limitations of sex-based segregation in training and stereotyped attitudes to the type of training open to women).

4. Discrimination based on race, colour, religion, political opinion, national extraction or social origin. The Committee notes the Government's statement of commitment to the principle of non-discrimination in employment and occupation, and that it is involved in the formulation and implementation of projects to achieve this end. The Committee requests the Government to provide more concrete information on measures taken to eliminate discrimination in employment based on the above grounds within the framework of Act No. 2694 of 1960 on the prohibition of discrimination in employment, or other legislative texts, to promote equality of opportunity and treatment.

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

The Committee notes the comments of the Trade Union Association of Employees of the Public Customs Service dated 12 October 1995 which were transmitted to the Government on 17 November 1995. The Committee hopes that the Government will communicate its observations on the matters raised therein so that the Committee will be in a position to examine them at its next session.

The Committee is addressing a request directly to the Government on other points.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the Government's report for the period 1990-92, and its appendices.

1. The Committee notes the information concerning the application by the judicial authorities of Act No. 7142 of 1 March 1990 to promote the social equality of women, and particularly the application of section 94 of the Labour Code, as amended, which protects pregnant women against dismissal. The Committee requests the Government to continue supplying information on developments in case law in this field.

It would also be grateful if the Government would keep it informed of any measures taken to promote equality of opportunity and treatment of women at work. In particular, the Committee would like to be supplied with (1) statistics on the education and vocational training and guidance provided to girls as compared to boys; (2) information on the opportunities available to women to accede to occupations in which they are under-represented or unrepresented; and (3) statistics on the participation rate of women in employment and on their distribution in the services sector, industry and the public service, by occupational category and type of position (positions involving responsibility and trust).

2. The Committee requests the Government to supply in its next report detailed information on the measures which have been taken to eliminate any discrimination in employment which is based on criteria other than sex, namely on race, colour, religion, political opinion, national extraction or social origin. Furthermore, it requests the Government to supply information on the national policy adopted within the framework of Act No. 2694 of 1960 on prohibition of discrimination in employment, or in the context of other texts, to promote equality of opportunity and treatment in employment in accordance with Article 2 of the Convention. In this respect, the Committee emphasizes that the Government could refer to its 1988 General Survey on Equality in Employment and Occupation, and particularly to Chapter IV concerning the implementation of the principles set out in the Convention.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

With reference to its previous comments, the Committee notes with interest the new Act (No. 7142 of 8 March 1990) to promote social equality of women, and particularly the provisions set forth in sections 1, 2, 3, 4, 14, 15, 16, 17, 19, 20, 23, 29 and 32 (amending sections of the Labour Code) which refer to questions relating to the application of the Convention. The Committee requests the Government to report on the results of the practical application of Act No. 7142 in terms of their effect on the application of the Convention, and particularly on equality in employment and occupation, including equal remuneration and protection against sexual harassment at the workplace.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

With reference to its previous comments, the Committee notes with interest the new Act (No. 7142 of 8 March 1990) to promote social equality of women, and particularly the provisions set forth in sections 1, 2, 3, 4, 14, 15, 16, 17, 19, 20, 23, 29 and 32 (amending sections of the Labour Code) which refer to questions relating to the application of the Convention. Furthermore, the Committee refers to comments in its previous direct request concerning the desirability of including in the Bill on real equality for women certain provisions on equality in employment and occupation, including equal remuneration and protection against sexual harassment at the workplace. The Committee requests the Government to report on the results of the practical application of Act No. 7142 in terms of their effect on the application of the Convention, and particularly the aspects mentioned above.

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

1. The Committee notes with interest the Bill concerning real equality for women which is currently being examined by the Legislative Assembly, in particular the sections concerning education and the creation of a Board for the protection of women.

The Committee notes that the above Bill contains no provisions guaranteeing equality among men and women in respect of working conditions and of remuneration for work of equal value, which is the principle set forth in Convention No. 100 which has also been ratified by Costa Rica.

The Committee hopes that it will be possible to include among the amendments still to be made to the above Bill provisions to guarantee specifically that women enjoy equality of opportunity and treatment in respect of access to employment and training (Convention No. 111 of the ILO), and receive equal remuneration for work of equal value (Convention No. 100 of the ILO).

2. The Committee notes that the chapter on sexual protection in the above Bill contains no provisions on sexual harassment in the place of work.

The Committee has taken note of the comments made in the publication "Unidad Sindical" by the Women Workers' Secretariat of the CUT concerning the Bill on real equality for women, in which the author refers to the existence of unequal wages and sexual blackmail in the field of employment.

In this connection, the Committee wishes to refer to paragraphs 45 and following of its General Survey of 1988 on Equality in Employment and Occupation, concerning sexual harassment as a particular form of discrimination on the basis of sex, and the threat that such harassment poses to stability of employment. In the above-mentioned paragraphs, the Committee has observed that recognition of the existence of sexual harassment in the place of work plays an important role in its elimination, but has given even greater attention to the adoption of appropriate legislative provisions in this field.

The range of provisions currently in force in a number of countries include provisions of a general nature which, for example, include sexual harassment among the types of conduct considered to be hostile acts by the employer or his or her representatives and which constitute a breach of the law on employment security. Other provisions consider such conduct as acts of discrimination which violate the legislative provisions concerning the protection of human rights.

For example, one such provision prescribes that nobody may be subjected to a sexual solicitation or advance made by a person in a position to confer, grant or deny a benefit or advancement where the person making the solicitation or advance knows or ought reasonably to know that it is unwelcome. Another such provision prescribes that nobody may be subjected to a reprisal for the rejection of a sexual solicitation or advance where the reprisal is made by a person in a position to confer, grant or deny a benefit or advancement to the person.

In some cases, provisions of a general nature are accompanied by provisions defining the types of behaviour considered to constitute sexual harassment, and the characteristics that must accompany an act of this nature, such as, that it must be justly perceived as a condition of employment or a precondition for employment.

In certain cases, provision is also made for machinery for denunciation, remedy and other procedures.

The above provisions do not prevent acts of sexual harassment from continuing to be pursued in the courts under provisions on indecent behaviour or rape.

The Committee requests the Government to examine the possibility of including in the chapter on sexual protection provisions to protect women workers against acts of sexual harassment in the place of work.

3. The Committee notes that section 17(b) of the Bill concerning real equality for women, communicated by the Government, refers to the United Nations Convention on the Elimination of All Forms of Discrimination against Women, also ratified by Costa Rica, but does not mention Conventions Nos. 100 and 111 of the ILO.

The Committee requests the Government to examine the possibility of completing section 17(b) of the Bill as follows:

To ensure observance of the United Nations Convention on the Elimination of All Forms of Discrimination against Women, Convention No. 111 of the ILO concerning discrimination in respect of employment and occupation, Convention No. 100 of the ILO equal remuneration for men and women workers for work of equal value, the Act concerning real equality for women and all related legislation.

The Committee requests the Government to provide a copy of the Act concerning real equality for women once it has been adopted.