COSTA RICA: Children's Rights in UN Treaty Body Reports

Summary: This report extracts mentions of children's rights issues in the reports of all UN Treaty Bodies and their follow-up procedures. This does not include the Concluding Observations of the UN Committee on the Rights of the Child which are available here: http://www.crin.org/resources/treaties/index.asp

Please note that the language may have been edited in places for the purposes of clarity.

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• UN Human Rights Committee
• UN Committee on Economic, Social and Cultural Rights
• UN Committee against Torture
  - follow-up
• UN Committee on the Elimination of Discrimination against Women
• UN Committee on the Elimination of Racial Discrimination
• UN Committee on Migrant Workers
• UN Committee on the Rights of Persons with Disabilities
• UN Committee on Enforced Disappearance

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UN Human Rights Committee
 

CCPR/C/CRI/C0/6

Adopted by the Committee: 16/17 April 2016

Published by the Committee: 22 April 2016

Issues raised:

National legislation and ratification:

The Optional Protocol to the Convention on the Rights of the Child on a communications procedure, on 14 January 2014 (para. 4c)

Violence agaianst women and children:

The Committee is concerned that, notwithstanding the legislative framework in place to protect women against violence, the phenomenon of violence against women in Costa Rica, including domestic violence and femicide, remains widespread. It is also concerned by the low number of convictions in connection with such acts of violence and the insufficient number of shelters for victims. The Committee is further concerned by the high level of violence against children (arts. 3, 6, 7 and 24) (para. 21)

 The State party should: Take the necessary steps to eliminate violence against women and should establish a system that ensures access to effective remedies, including rehabilitation for victims;  Increase the number of shelters that are equipped with the necessary material and human resources;  Adopt the necessary legislative and administrative measures to prevent and penalize all types of violence against women and children; Establish a system for reporting acts of violence against women and children, including maintaining a database so that cases can be analysed and appropriate measures taken. (par. 22)

Child labour:

The Committee is concerned by information received about child labour in the State party, although it recognizes the efforts made to provide assistance to children who live or work in the street (art. 24) (para. 35)

The State party should continue to take effective measures to address the situation of children living in the streets and the exploitation of children in general, including by organizing public awareness campaigns about the rights of children. (para. 36)

Birth Registration:

The Committee takes note of the State party’s efforts to ensure that all births are registered, but regrets that a significant number of members of the Ngöbe-Bugle indigenous community still do not have a birth certificate and face hurdles in order to obtain one (arts. 24 and 27) (para. 37)

The Committee takes note of the State party’s efforts to ensure that all births are registered, but regrets that a significant number of members of the Ngöbe-Bugle indigenous community still do not have a birth certificate and face hurdles in order to obtain one (arts. 24 and 27) (para. 38)

Juvenile Justice:

While taking note of the efforts deployed to improve the juvenile justice system, the Committee is concerned by the lack of effective measures for the social reintegration of children in conflict with the law (art. 24) (para. 39)

 

(CCPR/C/CRI/5)

Last reported: 22 October 2007
Concluding Observations adopted: 1 November 2007

Concerns raised:

• Trafficking and sexual exploitation: The Committee expresses concern that while the State had taken steps to combat trafficking in women and children and sexual exploitation - such as establishing surveillance systems and alliances with private-sector actors, including hoteliers and taxi networks - there is a lack of public awareness of the unlawful nature of the practices. The Committee also expresses regret that it had not received clear-cut information regarding the alleged trafficking of children from Ecuador in 2004. The Committee expresses concern that such acts may go unpunished (arts. 2 and 24).

  The Committee recommends that the State reinforce measures to combat trafficking of women and children and, in particular:

  - Ensure that penalties commensurate with the seriousness of the acts are imposed on anyone engaging in such exploitation;

  - Continue its efforts to generate public awareness of the unlawful nature of the sexual exploitation of women and children;

  - Provide training courses for the competent authorities;

  - Protect victims so that they may find refuge and testify against those charged in criminal or civil cases, and award them compensation. (paragraph 12).

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UN Committee on Economic, Social and Cultural Rights

(E/C.12/CRI/CO/5)

Report Issued: 21 October 2016

Last reported: 30 April 2015

Positive Developments: The Committee welcomes the ratification of the Optional Protocol to the Convention on the Rights of the Child on a communications procedure, on 14 January 2014 (para 4).

Situation of children and adolescents: While the Committee appreciates the efforts made by the State party in terms of protecting children and adolescents from economic exploitation and all forms of violence, it is concerned by information received about child labour and the fact that many children are the victims of physical and psychological violence, including within the family (para 37).

The Committee urges the State party to continue adopting effective measures to combat child labour by, inter alia, ensuring that the law protecting children against economic exploitation is vigorously enforced, strengthening child labour oversight mechanisms and increasing support for poor families so that they can keep their children in the education system. The Committee urges the State party to take the necessary measures to prevent and penalize all forms of violence against children (para 38).

Right to food and nutrition: The Committee is further concerned about the low rate of exclusive breastfeeding under the age of 6 months. The Committee recommends that the State party adopt the measures needed to promote exclusive breastfeeding in accordance with World Health Assembly resolutions, including by introducing breastfeeding breaks and ensuring support for breastfeeding in the workplace. It also encourages the State party to take the necessary steps to ensure that women of childbearing age have access to adequate food (paras 44, 45).

Right to education: The Committee is concerned about the limited availability of preschool education, especially for children from families living in unfavourable socioeconomic conditions. It is also concerned about the high repeat and dropout rates in secondary education and the reports received about the poor quality of education, in particular in rural and remote areas owing in part to a lack of adequate infrastructure and qualified teachers. The Committee recommends that the State party step up its efforts to increase access to preschool education, in particular for children from families living in unfavourable socioeconomic conditions (paras 58, 59).

(E/C.12/CRI/CO/4)

Last reported: 6 and 7 November 2007
Concluding Observations adopted: 19 November 2007

Concerns raised:

• Domestic violence: The Committee expresses concern that various legal and institutional measures taken by the State to offer redress to victims of domestic violence have been insufficient to address the increase in domestic violence against women and children. (paragraph 22)

• Trafficking and sexual exploitation: The Committee expresses deep concern about the increase in sexual and commercial exploitation, sex tourism and trafficking in persons, especially women and girls, despite institutional measures and plans of action to combat this. The Committee expresses concern about the lack of any specific legislation and case law on human trafficking and the lack of disaggregated data on the nature, extent and causes of this phenomenon. (paragraph 24)

  The Committee urges the State to effectively tackle sexual and commercial exploitation, sex tourism and human trafficking through the following measures:

  - Adopt an amendment to the Act against Commercial Sexual Exploitation;

  - Closely monitor the number of women and children trafficked to, from and through its territory each year;

  - Provide mandatory training on trafficking for the police, prosecutors and judges.

  The Committee also requests that the State include in its next periodic report updated and disaggregated data on an annual basis on reported trafficking cases, convictions and sentences imposed on perpetrators, the assistance and rehabilitation programmes provided to victims. (paragraph 45)

• Teenage pregnancy: The Committee expresses concern about the increasingly high rate of teenage pregnancies, in spite of the State's policies and programmes on sexual and reproductive health, as well as the fact that no exceptions are provided to the general prohibition of abortion. (paragraph 25)

• Education: The Committee expresses concern about the increase in the percentage of the secondary school drop-out rate caused, inter alia, by family disintegration, lack of pedagogical attention and child labour and drug abuse, in spite of its institutional measures and policies adopted in this regard. (paragraph 30)

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UN Committee against Torture

(CAT/C/CRI/2)

Lasted reported: 5-6 May 2008
Concluding Observations published: 7 July 2008

Concerns raised:

• Trafficking: The Committee takes note of the efforts made by the State to combat trafficking in persons, including the executive decree in 2005 establishing the national coalition to combat illegal smuggling of immigrants and trafficking in persons and the Institutional Protocol for Care for Victims of Trafficking drafted by the National Children's Trust (PANI). However, the Committee expresses concern that trafficking in persons is not an offence in domestic legislation.

  The Committee recommends that the State should criminalise trafficking in persons in accordance with the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children supplementing the United Nations Convention against Transnational Organized Crime. (paragraph 22)

• Corporal punishment: The Committee expresses satisfaction that corporal punishment is banned in education and in juvenile prisons. However it expresses concern that article 143 of the Family Code states that parents have the right to correct children in a moderate manner, which has been interpreted as allowing the use of corporal punishment (art. 16).

  The Committee takes note of the bill to abolish physical punishment of children and young people submitted to the Legislative Assembly by the Ombudsman, and the setting up of a group to discuss the issue. It encourages the State to expedite the complete prohibition of corporal punishment of children. (paragraph 23)

• Violence: The Committee expresses regret about the lack of data broken down by sex and age and the lack of precision in the conceptualisation of violence against women and children and the categories of analysis and variables used.

  The Committee recommends that the State ensure the protection of all victims of domestic violence and other ill-treatment without any discrimination by taking the following steps:

  - Register and investigate all cases of torture and prosecute and convict all those responsible for such acts;
  - Set up appropriate programmes to raise awareness among the security forces of domestic violence, including sexual violence and violence against children;
  - Devise a system for the collection of disaggregated data, studies and analyses on the issue of violence against women and children. (paragraph 25)

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UN Committee against Torture: Follow-up

November 2009

Reminder letter for further information sent – not relevant to the above paragraphs.

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UN Committee on the Elimination of Discrimination against Women
 

(CEDAW/C/CRI/CO/7)

Last reported: 5 October 2015

Concluding Observations published: 21 July 2017

Positive Aspects

The Committee welcomes the progress achieved since the consideration in 2011 of the State party’s combined fifth and sixth periodic reports (CEDAW/C/CRI/5-6) in undertaking legislative reforms, in particular the adoption of theLaw No. 9406 of 24 October 2016 Strengthening the Legal Protection of Girls and Adolescent Women against Gender-based Violence and Abusive Relationships (Ley de relaciones impropias) that criminalises sexual relations with girls under 15 years and prohibits marriage of girls and boys under 18 years of age (para 4).

The Committee welcomes the State party’s efforts to improve its institutional and policy framework aimed at accelerating the elimination of discrimination against women and promoting gender equality, such as the adoption of the Third Action Plan of the National Policy on Gender Equality and Equity 2015-2018, providing for specific measures to prevent teenage pregnancy and introducing scholarships for victims of gender-based discrimination (para. 5, c).

The Committee welcomes the fact that, in the period since the consideration of the previous report, the State party has ratified or acceded to the following international instruments: the Optional Protocol to the Convention on the Rights of the Child on a communications procedure, in 2014. (para. 6 ).

Issues raised

Trafficking and exploitation of prostitution

The Committee notes with concern that the State party is a country of origin, transit and destination for trafficking in persons for purposes of sexual exploitation and forced labour, as well as the heightened risk of sex-trafficking for women and children in the Pacific coastal zones and for transgender persons and migrant women and girls; The lack of conformity of the definition of trafficking in persons in the State party’s legislation with the Palermo Protocol and international human rights standards; and the low number of prosecutions and convictions of traffickers and shortcomings in the victim identification procedures (para. 20).

The Committee recommends that the State party:

Allocate sufficient human, technical and financial resources for the implementation of the Strategic Plan of the National Coalition against Illicit Trafficking and Trafficking in Persons and strengthen measures, especially at the local level and in border areas, to identify and refer women and girls victims of trafficking to the appropriate social services; Expedite the process to bring the definition of trafficking in persons in its legislation into conformity with the Palermo Protocol and relevant international human rights standards, including the Convention; and build the capacity of the judiciary and the police to effectively investigate cases of trafficking and exploitation of prostitution in a gender-sensitive manner to increase the number of prosecutions and convictions of perpetrators (para. 21).

Education

The Committee commends the State party’s achievements on education (Costa Rica’s female adult literacy rate is 97.71 and female youth literacy rate 99.43). It also takes note of the State party’s Comprehensive Programme on Emotional Relations and Sexuality, which includes a reproductive health module for teachers and students. However, it notes with concern: the absence of information disaggregated by age, ethnicity and socio economic condition on girls’ access to education, in particular their enrolment, completion and dropout rates notably for reasons of early pregnancy at all levels, and about culturally appropriate bilingual education for indigenous women and girls; the insufficient measures to reduce school drop-out of pregnant adolescent girls and ensure their right to return to school during pregnancy and following childbirth; sexual harassment and other forms of gender-based violence against girls in the education system; the lack of information on enrolment rates and effective access to the mainstream education system for women and girls with disabilities (para. 26).

The Committee recommends that the State party set up a strategy with measurable indicators and timeframes for the assessment of progress with regard to girls’ enrolment and ensure that indigenous women have access to culturally appropriate bilingual education; eliminate stigmatization of pregnant adolescent girls and adopt regulations and provide scholarships to ensure re-entry to school of young mothers in both the public and private education sectors; monitor the outcome of the Schools for Change Programme to prevent harassment and other forms of gender-based violence against girls in the education system and ensure the availability of complaint procedures for victims, as well as access to redress and reparation; promote women’s and girls’ choice of non-traditional fields of study and career paths, such as mathematics, engineering and new information technologies, including by providing career counselling and guidance, and taking incentive measures;  gather information about access to all levels of the mainstream education system for women and girls with disabilities and adopt a protocol for the provision of reasonable accommodation by education institutions (para. 27).

Health

The Committee notes with concern: The criminalization of abortion in cases of rape, incest or severe foetal impairment, and the inaccessibility of quality post-abortion care;  barriers to women’s and adolescent girls’ access to modern forms of contraception, including emergency contraception, in particular in rural and remote areas (para. 30).

The Committee recommends that the State party: amend the Penal Code to legalize abortion in cases of rape, incest, or severe foetal impairment and decriminalize abortion in all other cases as well as provide women with access to quality post-abortion care; conduct awareness-raising campaigns about modern forms of contraception and ensure women’s and adolescent girls’ access to safe and affordable contraception, in particular in rural and remote areas (para. 31).

Migrant, refugee and asylum-seeking women

The Committee notes that asylum-seeking women and men are entitled to work in the State party once they have been recognised as applicants. However, it is concerned at: the long delays in refugee status determination procedures and the high fees and administrative barriers faced by refugee and asylum-seeking women and girls in obtaining identification documents which are essential for them to access health care, housing, education and social protection (para. 38).

The Committee recommends that the State party reduce application fees and remove administrative barriers faced by refugee and asylum-seeking women and girls in obtaining identification documents to ensure their effective access to employment, health care, housing and education (para 39).

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(CEDAW/C/CRI/CO/5-6 )

Last reported: 11 July 2011
Concluding Observations published: 29 July 2011

Stereotypes: While noting the State party's measures in place at school and in the media aimed at eliminating traditional gender roles in the family and in the society at large, including in areas such as political participation, employment, education, access to health services and access to justice, the Committee is concerned at the persistence of discriminatory traditional attitudes and the prevailing negative influence of some religious beliefs and cultural patterns in the State party that hamper the advancement of women's rights and the full implementation of the Convention, in particular sexual and reproductive rights. The Committee wonders whether the content of article 75 of the Constitution may have an impact on the persistence of traditional gender roles in the State party. (Paragraph 18)

The Committee recommends that the State party strengthen its efforts in conducting awareness-raising and public educational campaigns addressing the population at large, and in particular, political and religious leaders and government officials, with a view to bring about changes in traditional attitudes associated with discriminatory gender roles in the family and in the society at large, in accordance with articles 2 (f) and 5 (a) of the Convention. (Paragraph 19)

Violence against women: While acknowledging that the State party has adopted a legislative framework to protect women from domestic violence and that it also established, in 2008, a National Response and Prevention System on Violence against Women and Intrafamily Violence, the Committee is concerned at the 52,103 cases of domestic violence which were brought before specialized courts in 2009 and which represent a 13.2 per cent sustained increase of such cases since 2007. It is also concerned that even though 4,969 of the alleged perpetrators were convicted, no information is provided in the report about the type of offences they committed, the sanctions imposed to them, their relationship with the victims and the type of reparations, if any, granted to the victims. The Committee is further concerned at the limited number of shelters (three) available for women victims of domestic violence and their children in the country. (Paragraph 20)

The Committee calls upon the State party to:

(a) Study the impact and effectiveness of the National Response and Prevention System on Violence against Women and Intrafamily Violence with the aim to enhance coordination among all institutions providing assistance and support in cases of domestic violence;

(b) Ensure that a sufficient number of State funded shelters are available to women victims of domestic violence and their children;

(c) Continue its efforts to improve its system for the regular collection of statistical data on violence against women, disaggregated by sex and type of violence and by the relationship of the perpetrators and victims;

(d) Undertake educational and public-awareness programmes through the media to convey the message that all forms of violence against women, including domestic violence, are unacceptable, taking into account the Committee's general recommendation No. 19 (1992). (Paragraph 21)

Trafficking and exploitation of prostitution: While noting the State party's initiatives to address the issue of trafficking in women and girls and its transnational nature, including by establishing a National Coalition against the Smuggling of Migrants and Human Trafficking and by amending the Migration Act (2010) to authorise the provision for temporary visas to victims of human trafficking, the Committee is concerned at the lack of human and financial resources to adequately combat the phenomena of trafficking and exploitation of prostitution and to offer shelter and basic services to victims. The Committee is further concerned at the lack of statistics on the number of women and girls who are victims of trafficking for sexual commercial exploitation and at the low numbers of cases investigated, prosecuted and the low rate of convictions. (Paragraph 22)

The Committee urges the State party to:

(a) Strengthen its efforts in anti-trafficking initiatives with a view to addressing fully and comprehensively the complexities of the phenomena of trafficking in women and girls and exploitation of prostitution;

(b) Consider adopting a Law on Trafficking which fully complies with article 6 of the Convention;

(c) Ensure systematic monitoring and periodic evaluation, including the collection and analysis of data on trafficking and exploitation of women in prostitution, and to include such data in its next periodic report;

(d) Increase its efforts at international, regional and bilateral cooperation with countries of origin, transit and destination to prevent trafficking through information exchange and to harmonize legal procedures aiming at the prosecution and punishment of traffickers. (Paragraph 23)

Education: The Committee regrets that most of the information provided in the report regarding the measures taken by the State party to eliminate discrimination against women in the field of education is outdated and that some of the data provided is contradictory. The Committee also expresses its concern that gender stereotypes may have an impact on women opting for traditional social occupations, such as food industry, crafts and textiles, and on their limited comparative advantage in the labour market despite their remaining longer than men in the educational system and obtaining higher qualifications. The Committee is also concerned about the lack of a sexual and reproductive health and rights education programme in the State party, despite the fact that teenage pregnancy is one of the causes for girls to drop out of school. (Paragraph 26)

The Committee calls upon the State party to:

(a) Conduct a revision of its data on education and to provide in its next periodic report accurate data and updated information on the measures taken to eliminate discrimination against women in the field of education;

(b) Enhance its efforts to provide gender training to teachers at all levels of the educational system, throughout the country, in all provinces and cantons, with a view to eliminating gender bias in teachers' attitudes and behaviour as well as eradicating gender stereotypes from curricula used in both formal and informal education.

(c) Introduce a comprehensive programme on sexual and reproductive health and rights education for both girls and boys as a regular part of school curriculum. (Paragraph 27)

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UN Committee on the Elimination of Discrimination against Women

(CEDAW/C/CRI/1-3 and CEDAW/C/CRI/4)

Reported: 2 and 9 July 2003

• Trafficking and sexual exploitation: The Committee takes note of the government's efforts to combat sexual exploitation and forced prostitution through the promulgation of Act 7899 on the Sexual Exploitation of Minors and the establishment of the Special Prosecutor for Sexual Offences and of the Sexual Exploitation Unit in the Ministry of Public Security. However, the Committee notes with concern that at political and judicial decision-making levels, and in Costa Rican society at large, there does not appear to exist an awareness of the social and cultural implications of the offence of traffic in persons and sexual exploitation of women and girls. (paragraph 56)

  The Committee requests that the State strengthen actions aimed at combating traffic in persons and sexual exploitation of women and girls, in particular by taking the following steps:

  - Encourage awareness in all sectors of Costa Rican society, particularly the judicial and public security authorities, educators and parents, with a view to implementating measures to prevent sexual exploitation of children, adolescents and adults.

  - Take vigorous measures against traffic in women and girls and if necessary, remodel the existing institutions responsible for dealing with this problem, promoting the reinstatement of participation and cooperation by the non-governmental organisations concerned. (paragraph 57).

• Teenage pregnancies: The Committee expresses its concern that, despite the steps taken and the adoption of the Adolescent Mothers' Protection Act, there is a continued increase in teenage pregnancies and an apparent lack of awareness among men, teenage or adult, of their responsibility as fathers. (paragraph 68)

  The Committee recommends that the State continue strengthening support programmes for pregnant teenagers and mothers and sex education programmes aimed at preventing pregnancies among the teenage population. (paragraph 69)

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UN Committee on the Elimination of Racial Discrimination

(CERD/C/CRI/CO/18)

Lasted reported: 30-31 July 2007
Concluding Observations adopted: 15 August 2007

Concerns raised:

Child mortality in indigenous communities: The Committee expresses alarm at the fact that child mortality rates in the cantons with large indigenous populations are still very much higher than the national average. The Committee urges the State party to make strenuous efforts to combat child mortality in the indigenous communities (art. 5 (iv)). (paragraph 14)

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UN Committee on Migrant Workers

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UN Committee on the Rights of Persons with Disabilities

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UN Committee on Enforced Disappearance