Experts of the Committee on the Rights of Persons with Disabilities Commend Costa Rica on Employment Mechanism for Persons with Disabilities, Raise Questions on Accessible Tourism and Abortions for Women with Disabilities

The Committee on the Rights of Persons with Disabilities today concluded its review of the combined second and third periodic report of Costa Rica, with Committee Experts commending the State party for establishing an employment mechanism for persons with disabilities, while asking about accessible tourism and abortions for women with disabilities.

A Committee Expert said it was commendable that Costa Rica had responded to a recommendation of the Committee and established a mechanism for the employment of persons with disabilities in the public and private sectors.

Rosa Idalia Aldana Salguero, Committee Expert and Coordinator of the Taskforce for Costa Rica, asked what actions had been taken to ensure all outdoor activities were accessible? What had been done to promote accessible outdoor tourism?

Another Expert noted that the delegation said the abortion issue in Costa Rica was complicated. Abortion was broadly criminalised, but could also be used to “save honour”. How was this interpreted? Women with intellectual disabilities were at a high risk of rape. Could it be interpreted in this context? Was abortion only permitted to save the life of the mother?

The delegation said Costa Rica had tried to foster tourist areas which were accessible to persons with disabilities. This was one of the key goals of the State. For the 2023-2027 tourism plan, accessible tourism was a key pillar. Currently in Costa Rica, there were 14 accessible beaches with ramps. There was also a Costa-Rican tourism network which worked to ensure an accessible network for all.

The delegation said abortion only applied to people who had a condition which implied a threat to their lives or health. Abortion was never carried out on the grounds of disability, and this was enshrined in the Penal Code. A strategy was being promoted to prevent obstetric violence.

Christian Guillermet Fernández, Permanent Representative of Costa Rica to the United Nations Office at Geneva and head of the delegation, presenting the report, said Costa Rica was historically committed to persons with disabilities, and their families and organizations, creating the National Council for Rehabilitation and Special Education in 1973. In 1996, through the enactment of the law on equal opportunities for persons with disabilities, a series of mandatory guidelines were established for public and private institutions to guarantee access to services and equal opportunities for persons with disabilities. In 2016, Costa Rica began a process of a paradigm shift in favour of persons with intellectual and psychosocial disabilities. The law on the promotion of personal autonomy for persons with disabilities marked an international milestone, with Costa Rica being the first country to guarantee equality before the law in the exercise of legal capacity.

In concluding remarks, Mr. Guillermet Fernández thanked the Committee Experts for their flexibility and understanding. A harmonisation of the treaty bodies would be a blessing for small States like Costa Rica. He asked the Committee to include a recommendation which underscored the importance of a physical presence in Geneva for the dialogue.

Floyd Morris, Committee Expert and Taskforce Member for Costa Rica, acknowledged all those who had joined the constructive dialogue both in person and online from Costa Rica. Commendably, Costa Rica had been involved in the process from the outset and had shown commitment to the Convention, and to improving the quality of life of persons with disabilities.

The delegation of Costa Rica was comprised of representatives from the Ministry of Foreign Affairs; the Ministry of Multilateral Affairs; the National Learning Institute; the National Council for Persons with Disabilities; and the Permanent Mission of Costa Rica to the United Nations Office at Geneva.

Summaries of the public meetings of the Committee can be found here, while webcasts of the public meetings can be found here. The programme of work of the Committee’s thirtieth session and other documents related to the session can be found here.

The Committee will next meet in public at 10 a.m. on Friday, 15 March, to review the first, second and third periodic reports of Nicaragua (CRPD/C/NIC/1), (CRPD/C/NIC/2) and (CRPD/C/NIC/3).

Report

The Committee has before it the combined second and third periodic report of Costa Rica (CRPD/C/CRI/2-3).

Presentation of Report

CHRISTIAN GUILLERMET FERNÁNDEZ, Permanent Representative of Costa Rica to the United Nations Office at Geneva and head of the delegation, said the financial constraints meant that the delegation had been unable to come to Geneva. The hybrid meetings were essential for small countries like Costa Rica. Costa Rica was historically committed to persons with disabilities, and their families and organizations, creating the National Council for Rehabilitation and Special Education in 1973. In 1996, through the enactment of the law on equal opportunities for persons with disabilities, a series of mandatory guidelines were established for public and private institutions to guarantee access to services and equal opportunities for persons with disabilities.

The National Council for Persons with Disabilities was created in 2015, replacing the National Council for Rehabilitation and Special Education. In 2016, Costa Rica began a process of a paradigm shift in favour of persons with intellectual and psychosocial disabilities. The law on the promotion of personal autonomy for persons with disabilities marked an international milestone, with Costa Rica being the first country to guarantee equality before the law in the exercise of legal capacity. The elimination of guardianship made it possible to establish a system of support so that persons with disabilities could exercise their legal capacity.

Some 30,194 applications for disability certification had been submitted through the Disability Certification Service, of which 24,392 applications were approved, taking into account the barriers and obstacles faced, as opposed to medical factors. Costa Rica's national statistics indicated that there were 670,640 persons with disabilities over the age of 18 in the country. The Advisory Forum for Persons with Disabilities marked a significant step towards influencing the formulation of public policies with geographical and gender representation of persons with disabilities. Examples of good practice in the consultation of persons with disabilities could be seen in the construction of the 2024-2030 action plan of the national policy on disability, where persons with disabilities developed a set of proposals for action by public institutions. The National Population and Housing Census 2022 included the consultation of persons with disabilities, and this would continue to be done for future censuses.

Questions by a Committee Expert

ROSA IDALIA ALDANA SALGUERO, Committee Expert and Coordinator of the Taskforce for Costa Rica, asked what actions the State had put in place to ensure the criteria for assessing disability was uniform? What public policies and legislation initiatives had the State implemented regarding the Convention? What was the State doing to ensure consultation with persons with disabilities and ensure no one was left behind? Could more information be provided about the process for consultation? The platform used during the pandemic was not accessible for persons with disabilities; what had been done to change this? What was being done to ensure the laws on paper translated into real change for persons with disabilities? Could more information be provided on the law regulating bio medical research? What impact did this have?

The Committee had heard that during consultations, the views of persons with disabilities were not taken into account. What were the possibilities for moving the National Council for Persons with Disabilities into other institutions, due to insufficient financial resources?

Responses by the Delegation

The delegation said the paradigm of disability and poverty was prevalent in Latin America. Through the National Council for Persons with Disabilities, a model was put in place for consultation. The paradigm had been changed to one that was inclusive. There were many questions which could not be answered. Many persons were online in Costa Rica following the dialogue and answers would be submitted in writing.

In December 2017, there had been a decree published to create the certification of disability which led to the classification of disability regarding limitations of participation in all areas of society. The Consultative Forum for Persons with Disabilities was active and was comprised of 72 persons. Technical and regional support was provided to these people, as well as the reimbursement of their expenses. The Council for the Management of Disability had worked on refining the concept of accessibility. There had been a bill of law to conflate the Council, but this action had been deemed not to be possible at present.

Questions by Committee Experts

A Committee Expert said it was regretful that no one from Costa Rica had been able to be present in the room. Children had been entirely excluded from the national survey, including those with disabilities. The Committee would like to hear from child representatives address this issue.

ROSA IDALIA ALDANA SALGUERO, Committee Expert and Coordinator of the Taskforce for Costa Rica, asked what legislative measures had been put in place to prohibit discrimination on the grounds of disability? Could progress on bill 20174 be provided? Was there protection for intersectional discrimination in this article? What measures had the State taken to ensure autonomous access to protection mechanisms for women and children with disabilities, including shelters for victims of violence? Was it guaranteed that these shelters were accessible? Could more information on the criteria governing the institute for women be provided? What measures had been taken to protect women and girls with disabilities from gender-based violence? The Committee had received information that women and girls with disabilities were constantly harassed and bullied, including at the workplace.

What measures had been put in place to protect children with disabilities from ill-treatment or from being abandoned? How could Costa Rica prevent them from being institutionalised? In what way was the opinion of children with disabilities taken into account in situations which concerned them? Had any awareness raising campaigns been put in place for persons with disabilities? Had any rules been implemented on accessible transport or education? It was positive that the law on accessible public transport had been promulgated, however, this had not been fully implemented. What measures had the State party put in place to ensure accessible transport throughout the country? What actions had been taken to ensure all outdoor activities were accessible? What had been done to promote accessible outdoor tourism? What measures had the State put in place to protect the lives of persons with disabilities in the 84 cantons, particularly when it came to rarer cases of disability?

Another Expert said Costa Rica had stated that the current definition of disability was in line with the Convention. But in reality, this was the medical definition. The abortion issue in Costa Rica was complicated. Abortion was broadly criminalised, but could also be used to “save honour”. How was this interpreted? Women with intellectual disabilities were at a high risk of rape. Could it be interpreted in this context? Was abortion only permitted to save the life of the mother? Was there a clear provision to consider the denial of reasonable accommodation? How many children in Costa Rica were institutionalised? Was there a timeframe for their deinstitutionalisation? What was the national strategy to raise awareness about persons with disabilities? How were stereotypes eliminated, particularly when it came to indigenous people? To what extent were persons with disabilities engaged effectively? What were the sanctions imposed on Governmental or private entities if they were not compliant with accessibility standards?

ROSA IDALIA ALDANA SALGUERO, Committee Expert and Coordinator of the Taskforce for Costa Rica, asked for the official outcomes of the Costa Rica system for disability? Why were there only inputs from 150 persons with disabilities when it came to data collection on disability? Why had a more wide-ranging consultation not been obtained?

A Committee Expert said information had been received about the framework law to combat discrimination. What actions were being undertaken to avoid violence?

Another Expert asked about the measures taken to combat stigma, prejudice, harmful practices, hate crimes, and discriminatory language against persons with disabilities, including persons with albinism?

An Expert asked what mechanism had the State established to ensure all policies were disability inclusive, including those issued by the gender committee?

A Committee Expert asked what measures were in place to repeal laws and policies which required forced or involuntary treatment or the confinement of persons with disabilities, especially those with intellectual or psychosocial disabilities? What was being done to repeal the act which allowed for the forced treatment of persons with disabilities? The Committee was concerned that the notion of guardianship could be seen within this article. What did this mean in practice? What progress had been made to ensure that persons with disabilities were no longer placed in institutions? What actions had been taken to promote the law on personal empowerment and autonomy? Only 200 persons had benefitted from this law in Costa Rica. How was the State acting to promulgate law 24105, a law presented by persons with disabilities?

Another Expert said article 101 within the Costa Rican Penal Code gave courts the authority to take away the provision of liberty on the basis of disability. What was the plan to improve access to justice for persons with disabilities? Were mechanical and chemical restraints still allowed in psychiatric hospitals? Was there any monitoring mechanism? Were there plans to shift from hospitals to community-based services?

A Committee Expert asked why buses which were used by students did not comply with accessibility requirements? What actions had been taken to ensure the national mechanism for the prevention of torture monitored institutions?

Another Expert asked about the steps taken to replace guardianship with supported decision-making mechanisms? Was there any training about supported decision-making for persons with disabilities, families and professionals? Once a person’s legal capacity was removed, could they ever get it back? Had a budget been made available for deinstitutionalisation, particularly for those with intellectual and psychosocial disabilities? What support was available for persons with disabilities to decide where they lived and with whom?

An Expert asked for information on awareness raising activities, taking into account the protection of persons with disabilities, including refugees, the elderly, and those with psychosocial disabilities? How was everyone protected from trafficking? How was it ensured that there were complaints mechanisms which were independent? Could disaggregated data on trafficking, exploitation and violence be provided?

A Committee Expert asked about measures taken by the Government to support children with disabilities, particularly girls, to live with their families in the community instead of being placed in shelters?

Another Expert asked how the State planned to ensure the safety of persons with disabilities in emergency situations?

A Committee Expert asked what steps had been taken to ensure that Costa Rican sign language was provided in news media reports and in information which was critical for persons with disabilities? The report stated that many institutions lacked the financial resources to improve the accessibility of information. What measures were being put in place by the State party to allow these institutions to fulfil these obligations to persons with disabilities? What measures had been put in place to ensure women with disabilities were permitted to be mothers and start a family? Had a strategic framework been implemented for the inclusive education system? How many children with disabilities were registered in the general education system? How many students with disabilities were provided with aid to assist them in their educational pursuits? How many teachers had been trained in inclusive education?

What measures were in place to provide quality and affordable health care for persons with disabilities? The Committee was concerned about the limited extent to which persons with disabilities were included in reproductive health services and polices, including HIV/AIDS which disproportionately affected women and girls with disabilities. What measures were in place to address this? It was commendable that Costa Rica was addressing the issue of the use of the medical model within the healthcare system. What steps were being taken to eradicate the medical model from the healthcare system? How was it ensured that healthcare workers were trained in human rights?

It was commendable that Costa Rica had responded to a recommendation of the Committee, and established a mechanism for the employment of persons with disabilities in the public and private sectors. Why had the Marrakech Treaty not been signed and implemented? What was the timeframe in this regard?

A Committee Expert said Costa Rica did not have a high rate of early marriage, but cases had been documented. What steps were being taken to eliminate early marriage, particularly in rural areas, for children under the ages of 18 and 15? What was the availability and affordability of motherhood services? To what extent were they accessible for all, including persons with intellectual and psychosocial disabilities? Was there information about female genital mutilation, particularly in rural areas? What was being done to eliminate this practice?

The provision of sign language interpretation appeared to be an issue in Costa Rica. Often, it did not exist in schools, and if it did the interpreters had to move between schools to guarantee maximum coverage. What was being done to solve this problem? What was being done to make all cultural materials, such as books, accessible for all children with disabilities?

ROSA IDALIA ALDANA SALGUERO, Committee Expert and Coordinator of the Taskforce for Costa Rica, asked what criteria was used in schools to ensure parents were selecting the appropriate type of education for their children? What actions had been established to provide inclusive education?

Another Expert asked how a country of five million inhabitants had just one rehabilitation centre for persons with disabilities? Were there plans to roll out more rehabilitation centres in San José and across the country? What progress had been made by the State in terms of rehabilitation?

A Committee Expert asked what mechanisms were in place to protect against gender discrimination? How were disability perspectives reflected in these policies?

Another Expert asked to what extent the State party guaranteed reasonable accommodation to persons with disabilities who were employees. To what extent did Costa Rica recognise the rights of persons with disabilities to social services? The absence of an independent national mechanism responsible for the implementation of policies was a concern. Was there an institution which could play the appropriate role?

A Committee Expert asked what measures had been adopted to eliminate the practice of forced sterilisation used against women and girls with disabilities? In Costa Rica, the salary of a person with disability was on average 11 per cent lower, or 23 per cent lower when it came to women with disabilities. What was being done to solve the wage gap?

Another Expert asked about the steps being taken to ensure post-secondary education for children with disabilities and remove barriers? How were these barriers being documented? How could students request reasonable accommodation? How could students register complaints? What mechanisms existed for students with disabilities to register complaints based on disability discrimination? Was there oversight when it came to private universities?

Responses by the Delegation

The delegation said Costa Rica had 1.3 million square metres of construction underway in the country, with many involving old buildings. It was not always possible to change the architecture of these older buildings to make them accessible. Since 2006, Costa Rica had focused on accessibility regulations, and had been revising buildings to ensure accessibility. An accessibility guide had been adopted and rolled out across the country. Abortion was only carried out on people who had a condition which implied a threat to their lives or health. Abortion was never carried out on the grounds of disability, and this was enshrined in the Penal Code. A strategy was being promoted to prevent obstetric violence. Forced sterilisation was not practiced in Costa Rica; there needed to be prior and informed consent. If a person decided to be sterilised of their own free will, the procedure could be performed.

Some rehabilitation initiatives had been launched with local authorities, including Paralympic athletes. Home visits were carried out to those who required them. According to the biomedical law, a person could participate in research but was required to sign an informed consent. Campaigns had been launched for persons with disabilities, promoting them as rights holders. Work had been carried out with the national rehabilitation centre to raise awareness and help people understand the lives of persons with disabilities, with the aim of building empathy. Work had been carried out with persons with disabilities and their families to ensure they were aware of their rights and knew how to invoke them.

The 911 hotline provided assistance to women victims of violence. Specialised centres had been established for women at risk of femicide and their children. To be admitted, a woman had to be suffering a severe risk of femicide. The shelters did not have specific staff to care for women with disabilities, but, when necessary, they were recruited on a case-by-case basis. Nobody had been prevented from accessing the centres because of their condition.

The State had tried to foster tourist areas which were accessible to persons with disabilities. This was one of the key goals of the State. The “Tourist Programme for All” started in 2023 and involved increasing promotion and cooperation of all businesses. For the 2023-2027 tourism plan, accessible tourism was a key pillar. The Government believed that relaxation was a biological requirement which must be enjoyed for a balanced and healthy life. Currently in Costa Rica, there were 14 accessible beaches with ramps. There was also a Costa-Rican tourism network which worked to ensure an accessible network for all.

A law was in place which mentioned the consent of those who were legally incapacitated. The informed consent process was needed to involve family participation and those who had the best interests of the patient. In Costa Rica, abortion was not allowed, unless there were exceptional circumstances. For a woman with a psychosocial disability, proper measures needed to be taken to promote the personal autonomy of that person. Comprehensive care was in place for people living with HIV/AIDS.

The disability and vulnerability programme provided services to those with disabilities who were experiencing extreme poverty. The law on equal opportunities had been amended to incorporate the definitions used in the Convention. Child marriage was forbidden in Costa Rica. There had been an amendment to the Criminal Code to enshrine inappropriate relations within the law. All relations with children under 15 were considered to be statutory rape. There were no reports that the practice of female genital mutilation existed in Costa Rica. There had been no reports of this practice.

The national risk action plan from 2016 included measures to ensure persons with disabilities were able to respond to emergencies. These plans were all designed from an inclusive perspective. A law about sign language for persons with disabilities had been ratified in 2020, containing provisions relating to sign language interpreters for television programmes. Work was being carried out with universities to implement accommodation requirements for persons with disabilities. The last national survey for persons with disabilities had been conducted last year.

Special procedures were in place to make it easier for migrants to regularise their situation. Migration rules did not specifically relate to persons with disabilities. The Global Compact for Safe, Orderly and Regular Migration was adopted in 2018 and allowed countries across Latin America to find synergy when it came to managing migratory flows and addressing various needs, including disability and accessibility. An Executive Decree had declared a state of emergency because of the migration flows.

Questions by Committee Experts

ROSA IDALIA ALDANA SALGUERO, Committee Expert and Coordinator of the Taskforce for Costa Rica, asked what actions the State had taken to amend the Code on Childhood and Adolescence, particularly the article which focused on special education? What measures were being adopted to sanction those who practiced corporal punishment on children with disabilities? The classification given to children with disabilities made it difficult for them to get a formal job or continue with education. Would the State do away with this classification?

Another Expert said there had been cases of ill-treatment and torture in a centre in Costa Rica, which had been justified by the National Council for Disability. Could more information be provided about this?

A Committee Expert was disappointed at the lack of responses to some questions. It was hoped the delegation would provide responses in writing.

An Expert said there were some topics where adequate information was not provided, including on practices of female genital mutilation and forced abortion. The Committee needed the most information possible to be able to provide the best recommendations to Costa Rica.

A Committee Expert said the situation on the ground was different from what was stipulated in legislation, including forced sterilisation of women in institutions. How were hospitals being monitored to ensure forced restraints were not being used?

Responses by the Delegation

The delegation said civil and electoral rights were enshrined for all persons with disabilities in the law on personal independence. A programme had been established for the right to vote for persons with disabilities. The programme was used to overcome barriers which had limited the ability of persons with disabilities to vote, including both negative attitudes as well as physical barriers. Mobile ramps, a braille electoral screen and tactile screens were used to make voting more accessible. Campaigns around early marriage were being rolled out in remote areas. The delegation was committed to answering the remainder of the questions in writing.

Concluding Remarks

CHRISTIAN GUILLERMET FERNÁNDEZ, Permanent Representative of Costa Rica to the United Nations Office at Geneva and head of the delegation, thanked the Committee Experts for their flexibility and understanding. He was sorry that more could not be heard from colleagues in Costa Rica. The State party was deeply concerned about the situation of persons with disabilities. It had been difficult to experience the criticism from the Committee regarding the lack of answers. A harmonisation of the treaty bodies would be a blessing for small States like Costa Rica. It was hoped the recommendations would be specific, feasible and time bound. Mr. Guillermet Fernández asked the Committee to include a recommendation which underscored the importance of a physical presence in Geneva for the dialogue.

FLOYD MORRIS, Committee Expert and Taskforce Member for Costa Rica, acknowledged all those who had joined the constructive dialogue both in person and online from Costa Rica. When the Convention was formulated, the Committee was designed as a feature to assist States parties in the implementation of the provisions. Commendably, Costa Rica had been involved in the process from the outset and had shown commitment to the Convention, and to improving the quality of life of persons with disabilities.

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