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COMMITTEE ON RIGHTS OF CHILD EXAMINES REPORT OF COSTA RICA
30 May 2005
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Committee on the
Rights of the Child
30 May 2005
The Committee on the Rights of the Child today reviewed the third periodic report of Costa Rica on how that country is implementing the provisions of the International Convention on the Rights of the Child.
In her opening remarks to the Committee, Rosalia Gil Fernandez, Executive President of the National Children’s Trust and Minister of Child and Adolescent Welfare, said there had been considerable focus on child protection at the national level since 1998 through a coordinated manner and a number of policies had been introduced with representation of civil society and government offices. Among other things, advances had been made in the areas of education and health manifested through cross-cutting programmes. The State party had also set up the National Council for Children and Adolescents, which included the participation of children, and a national plan was being drawn up for children and adolescents.
In preliminary remarks, Committee Expert Rosa Maria Ortiz, who served as Rapporteur for the report of Costa Rica, said due to the rich dialogue between the Committee and the delegation, the Committee now had a clearer picture about the rights of children and adolescents in Costa Rica. The joint commitment between the Government of Costa Rica and civil society was to be applauded. The Committee would be expressing its concern, through its concluding observations, among other things, about the areas of discrimination of various kinds that persisted; the lack of concrete results in reducing child labour; the situation of children living in poverty; street children and children of immigrants; direct adoption practices; and sexual commercial exploitation. The Committee will also recommend the need to finalize the reform of the National Children's Trust and to institute mechanisms to integrate and better coordinate the collective systems in Costa Rica working for child rights and protection.
During the discussion, Committee Experts raised questions pertaining to, among other things, institutional coordination and the allocation of resources for children and adolescents; child abuse and ill treatment of minors; juvenile justice; adoption; street children; education and specialized training; and health care services.
The Committee will release its formal, written concluding observations and recommendations on the report of Costa Rica towards the end of its three-week session which will conclude on 3 June.
The delegation of Costa Rica consisted of representatives of the National Children’s Trust; the National Council for Children and Adolescents; the Ministry of Child and Adolescent Welfare; the Ministry of Health; and the Permanent Mission of Costa Rica to the United Nations Office at Geneva.
As one of the 192 States parties to the Convention, Costa Rica is obliged to present periodic reports to the Committee on its efforts to comply with the provisions of the treaty. The delegation was on hand throughout the day to present the report and to answer questions raised by Committee Experts.
When the Committee reconvenes in public at 10 a.m. on Wednesday, 1 June, it will begin its consideration of the third periodic report of Yemen (CRC/C/129/Add.2). The Committee will meet in private on Tuesday, 31 May, to discuss its conclusions and recommendations on country reports it has already considered during the session.
Report of Costa Rica
The third periodic report of Costa Rica (CRC/C/125/Add.4) states that over the past decade, Costa Rica has undertaken a growing commitment to the protection and promotion of the rights of children and adolescents. Actions in that connection have included the creation of the post of Minister of Child and Adolescent Welfare, the Government’s official designation of the welfare of children as a national priority, and coordinated action by government bodies, non-governmental organizations and international cooperation agencies in various areas with a bearing on policy development, planning, project execution and the enactment of new legislation that is consistent with the guiding principles derived from the Convention on the Rights of the Child. Key measures that have taken place in recent years include the setting up of a system for the comprehensive protection of children and adolescents; which has been carried out, among others, by the National Council on Children and Adolescents which had worked in areas such as the elimination of child labour, juvenile protection and the abuse of children; the reform of the National Children’s Trust; the establishment of the Social Council; and the formulation of public policies with a rights approach, which include the drafting of a proposed public policy action whereby family violence against minors and the sexual abuse of minors would be included within the framework of the National System for the Treatment and Prevention of Domestic Violence.
Despite some progress made, the report state, the Government acknowledges that not all Costa Rican children and adolescents enjoy the full exercise of their rights. One of the main challenges facing the country is how best to strengthen its efforts to address inequities and disparities arising from the discriminatory access to social resources that affects so many people, to the point that other cultural aspects are now feeling the impact as well. As to special protection measures, the National Agenda for Children and Adolescents makes provision for a number of long-term goals concerning the migrant population, the Afro-Costa Rican community and the country’s indigenous people. On child labour, a national plan for the prevention and progressive elimination of child labour and the protection of juvenile workers, officially launched in December 1998, aims to prohibit child labour for children under 15 and to protect workers between 15 and 18 through a system of regulations. Regarding minors in conflict with the law, the juvenile criminal law of Costa Rica is applicable only to persons who are older than 12 but have not yet turned 18; children under the age of 12 cannot be held liable.
The report indicates that, according to the national census conducted in June 2000, at that time there were 3.8 million inhabitants in the country of which 1.5 million were minors under the age of 18. In 2000, 81.5 per cent of all children in the 6-17 age group attended school on a full-time basis with the figure for city children 10 per cent higher than for those in rural areas. The census also showed that substantial progress had been made in the area of social development. Particularly noteworthy results were achieved with respect to the infant mortality rate, which reached an all-time low at 10.2 per 1,000 live births. Data from the National Children’s Hospital reports indicate that in 2000, 302 children were victims of physical, sexual, passive or unspecified forms of violence against children. Moreover, statistics show that the greatest increases in poverty have occurred among children and adolescents under the age of 18. According to available data for the year 2000, approximately 353,000 minors were living under conditions of poverty in that year including 118,000 who were living in conditions of extreme poverty.
Presentation of Report
ROSALIA GIL FERNANDEZ, Executive President of the National Children’s Trust and Minister of Child and Adolescent Welfare, noted that Costa Rica ratified the Convention on the Rights of the Child in 1990 and declared that children were a national priority; a testament to that was making the head of the National Children's Trust a ministerial post in 2002. There had been a number of advances in the area of the rights of the child, in particular through the reform of national organizations for children and through legal reforms. Despite the shortcomings in terms of the right to non-discrimination, the State party had paid clear-cut attention to families and children and there was a Government priority to reduce any difficulties faced by them. There were also cross-cutting programmes in the areas of education and health. Among other things, the State had set up the National Council for Children and Adolescents which included the participation of children; a national plan was being drawn up for children and adolescents. Moreover, a bill was currently before Parliament to introduce sanctions for corporal punishment.
As to the family environment, Ms. Fernandez said in keeping with The Hague Convention on Inter-Country Adoptions, the State was reforming its Code on Adoption. On child protection, some 60 projects were being carried out annually; the HIV/AIDS pandemic was also being targeted through hospital programmes focusing on adolescents. In education and health, the State was seeking to reduce institutional gaps by region, had increased training for mothers and maternal care and had taken steps to ensure the reintegration into schools for young mothers. Regarding special protection measures, the State had taken a number of measures to eliminate discrimination against the indigenous population and, among other things, had hired teachers to educate in languages of origin. Social services for indigenous persons, especially children, had also been enhanced. Other measures taken by the State were the creation of the National Committee for Child Labour and the Office for the Eradication of Child Labour with a corresponding plan of action; a National Plan for Commercial Sexual Exploitation; and the composition of special units in the judiciary for juvenile justice and campaigns in that regard. Guidelines had also been drawn up for juvenile justice and the State had special detention centres for juvenile offenders as well as a training centre for their rehabilitation.
Ms. Fernandez noted that there was an increase in overall school enrolment from 954,000 in 2003 to 1.06 million in 2004. The infant mortality rate was also reduced from 10.8 in 1,000 births in 2003 to 9.25 in 2004. Moreover, primary health care had been provided for 90 per cent of the population and the rate of maternal mortality had been reduced in recent years. Among other things, steps were being taken to ensure that children were involved in legal cases while the judiciary had upheld the principle of the best interests of the child. Concerning legislation, over 70 bills had been passed on children and adolescents.
There had been a considerable focus on child protection at the national level since 1998 through a coordinated manner and a number of policies had been introduced with representation of civil society and government offices, Ms. Fernandez said. Among other things, a national plan for reproductive and sexual education had also been introduced during the reporting period and distance learning had been enhanced. Moreover, poverty alleviation schemes had been carried out to benefit particularly vulnerable families.
Discussion
Questions Raised by Experts
ROSA MARIA ORTIZ, the Committee Expert serving as Rapporteur for the report of Costa Rica, said Costa Rica had been characterized as a country which had made considerable social investment, however, the country faced challenges in terms of requirements for its young population. While noting the high rate of primary education enrolment, secondary education rates had been decreasing. Success in infant mortality rates and care for minors in conflict with the law were to be commended; however, more information on these areas was sought. Moreover, some 20 per cent of the population did not have their basic needs met, and 10 per cent were living in extreme poverty; 94 per cent of the population was white or mestizo, and only one per cent was indigenous; another three per cent represented persons of African origin and one per cent came from China.
The efforts made by Costa Rica to implement the recommendations previously made by the Committee were appreciated, Ms. Ortiz said. However, additional information was sought in a number of areas including on institutional reform; adoption measures; trends in social investment and economic policies; and the status of external debt in light of the services provided to children as well as the impact of the free trade agreement entered into with the United States.
The Rapporteur asked whether there were mechanisms in place for assessing progress in evaluating the rights of the child and for additional information on disaggregated data. The national system for child protection still suffered from shortcomings in terms of its implementation and more information was requested in that regard. Ms. Ortiz also asked what steps had been taken by the State party to strengthen the reform under the bodies entrusted with children’s rights and protections and which agency was responsible for collecting data pertaining to children.
DAVID BRENT PARFITT, the Committee Expert serving as Co-Rapporteur for the report of Costa Rica, noted the active role that the Ombudsman played in the promotion of the rights of the child in Costa Rica and thanked the State party for its candid report. The State party had supplied the Committee with an impressive list of legislative measures taken to uphold the principles of the Convention; between 1999 and 2003 over 30 laws had come into force on child rights. The Co-Rapporteur asked how these laws and subsequent plans had received sufficient funds to allow their functioning. Among other things, he asked what specific efforts had been taken to reform the National Children's Trust and the time frame for the reform.
Through the Children and Adolescent Code of 1998, the State had sought to ensure the implementation of the rights of the child in a number of social sectors although the State itself admitted that the allocation of resources was not sufficient to carry these through. He asked how the State planned to allocate resources to implement its programmes and policies targeting children and adolescents, and especially those living in poverty.
While noting the State’s efforts to define legal ages for children in a number of areas, including in criminal responsibility, marriage and sexual consent, he asked whether there was a provision regarding the age of medical consent. As to non-discrimination, data provided by the State party recognized the needs of indigenous families and children; however additional information on measures taken to ensure that immigrant and indigenous children were provided with social services on the same level as other children in Costa Rica was requested.
Mr. Parfitt also requested information on the participation of children in decision-making, especially given traditional attitudes which often ignored these voices. Information was sought on the measures taken by the State to take into consideration the views of young persons in drafting laws concerning them.
During the first round of questions, other Experts raised questions on subjects covering the freedom of religion and association; the coordination of national institutions; birth registration; the age of criminal responsibility; and socio-economic gaps in Costa Rica.
Response by Delegation
In response to questions on institutional coordination, the delegation said the question of children and adolescents was a matter of priority for the State. This was exemplified by the creation of the Ministry on Children and Adolescents which was the overall coordinating body in the State, and which took into consideration children’s views. The National Council for the Protection of Children and Adolescents was a coordinating body and consisted of various State institutions and civil society representatives. The Council was neither a policy making body nor did it duplicate the efforts undertaken by the National Children's Trust. The Trust, on the other hand, carried out functions to execute national polices which applied to various levels of society. The reform of the National Children's Trust addressed many activities within the institution, including the expansion of its presence throughout the country, and was linked to strengthening prevention and protection measures for children and adolescents. The reform also encompassed enhanced training in the area of child rights and protection.
As to allocation of resources, the delegation noted that all resources destined for child and adolescent programmes were channelled through the National Children's Trust. There were legal safeguards for the availability of funding through the Trust and its tutelary committees. The National Children's Trust was also charged with making periodic reviews to monitor the effective use of the resources in various programmes. Concerning legislation, there were 32 different legal acts related to children and adolescents which came about following the State’s ratification of the Convention in 1990, most of which represented modifications to pre-existing legislation to bring them in line with the provisions of the Convention. The Code on Children and Adolescents set out the principles on the rights and obligations of all minors. In response to a follow up question, the delegation said generally legislative acts came with earmarked funds required to implement them.
Regarding the participation of children in society, the delegation said young persons were active in the more than 40 boards and committees on child and adolescent rights operating in Costa Rica. Under the educational system, there was a provision to involve young people in civic affairs through student associations.
Concerning corporal punishment, the delegation said the Ombudsman’s Office had authorized a sponsorship of a bill currently before Parliament which would prohibit physical punishment. Up until now, the Corporal Punishment Act had not been promoted adequately but this new law was now in the midst of being approved.
On the issue of abuse and ill treatment, the delegation said there were a number of programmes instituted by the State in that regard which had been carried out by the National Children's Trust; the Children and Adolescent Code also obligated adults to lodge reports or complaints in the event of any act of abuse or ill treatment of a minor. In the Office of the Prosecutor there was a unit set up specifically to handle such cases. There were also “hot lines” set up in Costa Rica which received complaints of domestic violence. In such cases, the police were duly informed as was the National Children's Trust. The “hot line” was staffed 24 hours a day. There was another “hot line” operating in the State specifically for adolescents. On average these “hot lines” received 10,900 calls per year, or 1,200 per month. Ill treatment and desertion were the most frequent cases handled by these telephone call centres. These lines were operated under the concept of absolute confidentiality.
Concerning child abuse and sexual exploitation, the delegation said specific activities had been carried out to combat commercial sexual exploitation. Some 80 per cent of the members of the police force in Costa Rica had been trained on matters related to child abuse and domestic violence. A regional network for lost and exploited children, established in Washington DC, now had a branch in Costa Rica. Campaigns had been organized in port cities and border areas. Assistance to victims of sexual exploitation was also provided through offices of the National Children's Trust.
As to the definition of the child in Costa Rica, the delegation said children were defined as all persons under the age of 18. Moreover, special campaigns had been designed to ensure the coordination of the various definitions used in the State and there were also guidelines for the protection of minors. The State guaranteed that all children received inalienable rights at the time of conception.
Questions Raised by Experts
During a second round of questions, the Rapporteur, while acknowledging the major progress made in the area of health in the State party, asked for clarifications on the percentage of resources devoted to actual health care for children and adolescents. Other issues raised included teenage pregnancies; access to social services by immigrant families and children, including in the areas of education and health; and the role of the media in the promotion of the rights of the child. She noted that the high percentage of news reports on child issues related to abuse and exploitation.
The Co-Rapporteur raised questions related to access to health services, especially for those in remote areas and for indigenous and immigrant families and children. He asked what actions had been taken to ensure that health services reached these areas and this portion of the population. Another issue raised concerned the State’s child labour policies, especially in terms of child labour in the informal sector and the monitoring of these practices.
Others Experts raised questions on children with disabilities; reproductive health; child prostitution and sex tourism; children affected by HIV/AIDS including AIDS orphans; juvenile justice and places of detention for juvenile offenders; and the protection of children in the church and schools against paedophile priests and teachers.
While noting the upward trend in the education sector, another Expert said problems remained in the area of school drop outs and disparities in school enrolment and requested additional information in that regard.
Response by Delegation
In response to a question on corruption, the delegation said that corruption affected different sectors of society, including in areas related to children and adolescents. The State had taken practical steps to combat corruption and had approved laws that criminalized such conduct.
With respect to paedophilia, the delegation noted that there were very few cases of this nature in Costa Rica, although two priests were recently sentenced to jail for the abuse of minors.
On juvenile justice, the delegation said the juvenile criminal code stated that those under 12 were not criminally liable for their actions. In these cases, the child was directed to the National Children's Fund. Offenders between 12 and 15 were sent for community work generally and were rehabilitated through training measures. From the age of 15, detention in a juvenile centre was the usual course of action. In Costa Rica there was one juvenile detention centre for those between 15 and 18 and another centre for those from 18 to 20. Moreover, there was a limit of six months for all proceedings related to juvenile offences.
As to adoption, the delegation said the amendments to the Adoption Act sought to ensure monitoring of private adoptions. It was hoped that these amendments would be passed shortly. Cases of direct adoptions were handled by the Council on Children and Adolescents. The delegation drew attention to the case of the nine Guatemalan babies who were adopted in Costa Rica under false pretences and were later determined to be used for trafficking. This case had intensified the State’s measures to monitor and regulate adoption cases.
Regarding street children, the delegation said some 95 per cent of persons living on the streets were suffering from drug addiction. Therefore the State would be opening a drug treatment centre in the near future. This was a new phenomenon in Costa Rica. The National Children's Trust had 40 shelters where boys and girls were housed on a temporary basis. In addition, non-governmental organizations ran centres to provide assistance to these minors. These centres also catered to children in conflict with the law. Contrary to reports, there were no Maras street gangs in Costa Rica.
In response to the questions raised on education, the delegation said there were policies and strategic programmes designed to deal with challenges in education. These challenges included universalizing education and teaching additional languages in the school system; progress had been made on these issues. A number of incentives had also been put in place to improve the student-teacher ratio and to increase coverage in rural areas. There had been a two per cent reduction in illiteracy. Special emphasis had been placed in areas where there was a high concentration of immigrants and indigenous children. Despite these efforts, disparities still existed, in particular among marginalized groups; the national programme “Launching Education” aimed to, among other things, reduce these disparities. Grants were provided, as per this programme, for transport costs and meal allowances, for example.
On children with disabilities, the delegation said the teaching curricula was adapted to meet the needs of these children and measures were taken to mainstream them into the main school system. The number of classes catering to the needs of these students had thus increased as a result of various measures.
As for vocational training, the delegation said there were courses for vocational training and organizations were involved in this type of training and apprenticeships to lead to an orientation into the job market. There was also a distance learning centre which focused on vocational and technical training for the same purposes. The National Apprenticeship Institute provided technical training and job opportunities for those over 15 years of age. There was an agreement signed last week with another technical institute in Monterey, Costa Rica, to provide similar services.
In response to a question on poverty, the delegation said the last three governments had made concerted efforts to alleviate poverty in Costa Rica. The “New Life” plan was one such example of a Government strategy to combat poverty. Nonetheless, poverty was not being reduced as had been hoped. Between 1993 and 2003, social investment had increased from 15.7 to 18 per cent respectively; over 40 per cent of the GDP went to debt servicing, the delegation added.
In the area of health care, the delegation said the country had made efforts in this sector in spite of considerable economic difficulties. As mentioned, 90 per cent of the population benefited from free primary health services. Before the reform of 1998, there was 40 per cent coverage of these services. There were medical teams made up of health care specialists who provided services to homes; each of these teams was responsible for some 5,000 persons. Child and maternal mortality had also improved significantly. There were 81 cantons in Costa Rica and in the past each had one health centre. As per the new health reform, there were now several health centres located in each of these cantons, thus broadening the administration of health services throughout the country. Efforts were also being made to identify additional health requirements.
There was a council for reproductive health and a national plan for sexual education. Teachers, along with health practitioners, assisted by way of monitoring health trends as observed in schools, such as teenage pregnancies; the percentage of teenage pregnancies had been reduced in recent years, the delegation added. Particular attention had been focused on marginalized groups in remote areas, such as indigenous groups. Special efforts had been made to reduce the numbers of children living with HIV/AIDS; there were no new cases of HIV/AIDS infected persons under 15 during the reporting period. Moreover, the country spent some 55 per cent of the money allocated for AIDS to purchase anti-retroviral drugs.
Preliminary Remarks
ROSA MARIA ORTIZ, the Committee Expert serving as Rapporteur for the report of Costa Rica, said due to the rich dialogue between the Committee and the delegation, the Committee now had a clearer picture about the rights of children and adolescents in Costa Rica. The joint commitment between the Government of Costa Rica and civil society was to be applauded.
Ms. Ortiz said the Committee would be expressing its concern, through its concluding observations, on the areas of discrimination of various kinds that persisted; the lack of concrete results in reducing child labour; the situation of children living in poverty; street children and children of immigrants; direct adoption practices; and sexual commercial exploitation. The Committee would also recommend the need to finalize the reform of the National Children's Trust and to institute mechanisms to integrate and better coordinate the collective systems in Costa Rica working for child rights and protection.
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Rights of the Child
30 May 2005
The Committee on the Rights of the Child today reviewed the third periodic report of Costa Rica on how that country is implementing the provisions of the International Convention on the Rights of the Child.
In her opening remarks to the Committee, Rosalia Gil Fernandez, Executive President of the National Children’s Trust and Minister of Child and Adolescent Welfare, said there had been considerable focus on child protection at the national level since 1998 through a coordinated manner and a number of policies had been introduced with representation of civil society and government offices. Among other things, advances had been made in the areas of education and health manifested through cross-cutting programmes. The State party had also set up the National Council for Children and Adolescents, which included the participation of children, and a national plan was being drawn up for children and adolescents.
In preliminary remarks, Committee Expert Rosa Maria Ortiz, who served as Rapporteur for the report of Costa Rica, said due to the rich dialogue between the Committee and the delegation, the Committee now had a clearer picture about the rights of children and adolescents in Costa Rica. The joint commitment between the Government of Costa Rica and civil society was to be applauded. The Committee would be expressing its concern, through its concluding observations, among other things, about the areas of discrimination of various kinds that persisted; the lack of concrete results in reducing child labour; the situation of children living in poverty; street children and children of immigrants; direct adoption practices; and sexual commercial exploitation. The Committee will also recommend the need to finalize the reform of the National Children's Trust and to institute mechanisms to integrate and better coordinate the collective systems in Costa Rica working for child rights and protection.
During the discussion, Committee Experts raised questions pertaining to, among other things, institutional coordination and the allocation of resources for children and adolescents; child abuse and ill treatment of minors; juvenile justice; adoption; street children; education and specialized training; and health care services.
The Committee will release its formal, written concluding observations and recommendations on the report of Costa Rica towards the end of its three-week session which will conclude on 3 June.
The delegation of Costa Rica consisted of representatives of the National Children’s Trust; the National Council for Children and Adolescents; the Ministry of Child and Adolescent Welfare; the Ministry of Health; and the Permanent Mission of Costa Rica to the United Nations Office at Geneva.
As one of the 192 States parties to the Convention, Costa Rica is obliged to present periodic reports to the Committee on its efforts to comply with the provisions of the treaty. The delegation was on hand throughout the day to present the report and to answer questions raised by Committee Experts.
When the Committee reconvenes in public at 10 a.m. on Wednesday, 1 June, it will begin its consideration of the third periodic report of Yemen (CRC/C/129/Add.2). The Committee will meet in private on Tuesday, 31 May, to discuss its conclusions and recommendations on country reports it has already considered during the session.
Report of Costa Rica
The third periodic report of Costa Rica (CRC/C/125/Add.4) states that over the past decade, Costa Rica has undertaken a growing commitment to the protection and promotion of the rights of children and adolescents. Actions in that connection have included the creation of the post of Minister of Child and Adolescent Welfare, the Government’s official designation of the welfare of children as a national priority, and coordinated action by government bodies, non-governmental organizations and international cooperation agencies in various areas with a bearing on policy development, planning, project execution and the enactment of new legislation that is consistent with the guiding principles derived from the Convention on the Rights of the Child. Key measures that have taken place in recent years include the setting up of a system for the comprehensive protection of children and adolescents; which has been carried out, among others, by the National Council on Children and Adolescents which had worked in areas such as the elimination of child labour, juvenile protection and the abuse of children; the reform of the National Children’s Trust; the establishment of the Social Council; and the formulation of public policies with a rights approach, which include the drafting of a proposed public policy action whereby family violence against minors and the sexual abuse of minors would be included within the framework of the National System for the Treatment and Prevention of Domestic Violence.
Despite some progress made, the report state, the Government acknowledges that not all Costa Rican children and adolescents enjoy the full exercise of their rights. One of the main challenges facing the country is how best to strengthen its efforts to address inequities and disparities arising from the discriminatory access to social resources that affects so many people, to the point that other cultural aspects are now feeling the impact as well. As to special protection measures, the National Agenda for Children and Adolescents makes provision for a number of long-term goals concerning the migrant population, the Afro-Costa Rican community and the country’s indigenous people. On child labour, a national plan for the prevention and progressive elimination of child labour and the protection of juvenile workers, officially launched in December 1998, aims to prohibit child labour for children under 15 and to protect workers between 15 and 18 through a system of regulations. Regarding minors in conflict with the law, the juvenile criminal law of Costa Rica is applicable only to persons who are older than 12 but have not yet turned 18; children under the age of 12 cannot be held liable.
The report indicates that, according to the national census conducted in June 2000, at that time there were 3.8 million inhabitants in the country of which 1.5 million were minors under the age of 18. In 2000, 81.5 per cent of all children in the 6-17 age group attended school on a full-time basis with the figure for city children 10 per cent higher than for those in rural areas. The census also showed that substantial progress had been made in the area of social development. Particularly noteworthy results were achieved with respect to the infant mortality rate, which reached an all-time low at 10.2 per 1,000 live births. Data from the National Children’s Hospital reports indicate that in 2000, 302 children were victims of physical, sexual, passive or unspecified forms of violence against children. Moreover, statistics show that the greatest increases in poverty have occurred among children and adolescents under the age of 18. According to available data for the year 2000, approximately 353,000 minors were living under conditions of poverty in that year including 118,000 who were living in conditions of extreme poverty.
Presentation of Report
ROSALIA GIL FERNANDEZ, Executive President of the National Children’s Trust and Minister of Child and Adolescent Welfare, noted that Costa Rica ratified the Convention on the Rights of the Child in 1990 and declared that children were a national priority; a testament to that was making the head of the National Children's Trust a ministerial post in 2002. There had been a number of advances in the area of the rights of the child, in particular through the reform of national organizations for children and through legal reforms. Despite the shortcomings in terms of the right to non-discrimination, the State party had paid clear-cut attention to families and children and there was a Government priority to reduce any difficulties faced by them. There were also cross-cutting programmes in the areas of education and health. Among other things, the State had set up the National Council for Children and Adolescents which included the participation of children; a national plan was being drawn up for children and adolescents. Moreover, a bill was currently before Parliament to introduce sanctions for corporal punishment.
As to the family environment, Ms. Fernandez said in keeping with The Hague Convention on Inter-Country Adoptions, the State was reforming its Code on Adoption. On child protection, some 60 projects were being carried out annually; the HIV/AIDS pandemic was also being targeted through hospital programmes focusing on adolescents. In education and health, the State was seeking to reduce institutional gaps by region, had increased training for mothers and maternal care and had taken steps to ensure the reintegration into schools for young mothers. Regarding special protection measures, the State had taken a number of measures to eliminate discrimination against the indigenous population and, among other things, had hired teachers to educate in languages of origin. Social services for indigenous persons, especially children, had also been enhanced. Other measures taken by the State were the creation of the National Committee for Child Labour and the Office for the Eradication of Child Labour with a corresponding plan of action; a National Plan for Commercial Sexual Exploitation; and the composition of special units in the judiciary for juvenile justice and campaigns in that regard. Guidelines had also been drawn up for juvenile justice and the State had special detention centres for juvenile offenders as well as a training centre for their rehabilitation.
Ms. Fernandez noted that there was an increase in overall school enrolment from 954,000 in 2003 to 1.06 million in 2004. The infant mortality rate was also reduced from 10.8 in 1,000 births in 2003 to 9.25 in 2004. Moreover, primary health care had been provided for 90 per cent of the population and the rate of maternal mortality had been reduced in recent years. Among other things, steps were being taken to ensure that children were involved in legal cases while the judiciary had upheld the principle of the best interests of the child. Concerning legislation, over 70 bills had been passed on children and adolescents.
There had been a considerable focus on child protection at the national level since 1998 through a coordinated manner and a number of policies had been introduced with representation of civil society and government offices, Ms. Fernandez said. Among other things, a national plan for reproductive and sexual education had also been introduced during the reporting period and distance learning had been enhanced. Moreover, poverty alleviation schemes had been carried out to benefit particularly vulnerable families.
Discussion
Questions Raised by Experts
ROSA MARIA ORTIZ, the Committee Expert serving as Rapporteur for the report of Costa Rica, said Costa Rica had been characterized as a country which had made considerable social investment, however, the country faced challenges in terms of requirements for its young population. While noting the high rate of primary education enrolment, secondary education rates had been decreasing. Success in infant mortality rates and care for minors in conflict with the law were to be commended; however, more information on these areas was sought. Moreover, some 20 per cent of the population did not have their basic needs met, and 10 per cent were living in extreme poverty; 94 per cent of the population was white or mestizo, and only one per cent was indigenous; another three per cent represented persons of African origin and one per cent came from China.
The efforts made by Costa Rica to implement the recommendations previously made by the Committee were appreciated, Ms. Ortiz said. However, additional information was sought in a number of areas including on institutional reform; adoption measures; trends in social investment and economic policies; and the status of external debt in light of the services provided to children as well as the impact of the free trade agreement entered into with the United States.
The Rapporteur asked whether there were mechanisms in place for assessing progress in evaluating the rights of the child and for additional information on disaggregated data. The national system for child protection still suffered from shortcomings in terms of its implementation and more information was requested in that regard. Ms. Ortiz also asked what steps had been taken by the State party to strengthen the reform under the bodies entrusted with children’s rights and protections and which agency was responsible for collecting data pertaining to children.
DAVID BRENT PARFITT, the Committee Expert serving as Co-Rapporteur for the report of Costa Rica, noted the active role that the Ombudsman played in the promotion of the rights of the child in Costa Rica and thanked the State party for its candid report. The State party had supplied the Committee with an impressive list of legislative measures taken to uphold the principles of the Convention; between 1999 and 2003 over 30 laws had come into force on child rights. The Co-Rapporteur asked how these laws and subsequent plans had received sufficient funds to allow their functioning. Among other things, he asked what specific efforts had been taken to reform the National Children's Trust and the time frame for the reform.
Through the Children and Adolescent Code of 1998, the State had sought to ensure the implementation of the rights of the child in a number of social sectors although the State itself admitted that the allocation of resources was not sufficient to carry these through. He asked how the State planned to allocate resources to implement its programmes and policies targeting children and adolescents, and especially those living in poverty.
While noting the State’s efforts to define legal ages for children in a number of areas, including in criminal responsibility, marriage and sexual consent, he asked whether there was a provision regarding the age of medical consent. As to non-discrimination, data provided by the State party recognized the needs of indigenous families and children; however additional information on measures taken to ensure that immigrant and indigenous children were provided with social services on the same level as other children in Costa Rica was requested.
Mr. Parfitt also requested information on the participation of children in decision-making, especially given traditional attitudes which often ignored these voices. Information was sought on the measures taken by the State to take into consideration the views of young persons in drafting laws concerning them.
During the first round of questions, other Experts raised questions on subjects covering the freedom of religion and association; the coordination of national institutions; birth registration; the age of criminal responsibility; and socio-economic gaps in Costa Rica.
Response by Delegation
In response to questions on institutional coordination, the delegation said the question of children and adolescents was a matter of priority for the State. This was exemplified by the creation of the Ministry on Children and Adolescents which was the overall coordinating body in the State, and which took into consideration children’s views. The National Council for the Protection of Children and Adolescents was a coordinating body and consisted of various State institutions and civil society representatives. The Council was neither a policy making body nor did it duplicate the efforts undertaken by the National Children's Trust. The Trust, on the other hand, carried out functions to execute national polices which applied to various levels of society. The reform of the National Children's Trust addressed many activities within the institution, including the expansion of its presence throughout the country, and was linked to strengthening prevention and protection measures for children and adolescents. The reform also encompassed enhanced training in the area of child rights and protection.
As to allocation of resources, the delegation noted that all resources destined for child and adolescent programmes were channelled through the National Children's Trust. There were legal safeguards for the availability of funding through the Trust and its tutelary committees. The National Children's Trust was also charged with making periodic reviews to monitor the effective use of the resources in various programmes. Concerning legislation, there were 32 different legal acts related to children and adolescents which came about following the State’s ratification of the Convention in 1990, most of which represented modifications to pre-existing legislation to bring them in line with the provisions of the Convention. The Code on Children and Adolescents set out the principles on the rights and obligations of all minors. In response to a follow up question, the delegation said generally legislative acts came with earmarked funds required to implement them.
Regarding the participation of children in society, the delegation said young persons were active in the more than 40 boards and committees on child and adolescent rights operating in Costa Rica. Under the educational system, there was a provision to involve young people in civic affairs through student associations.
Concerning corporal punishment, the delegation said the Ombudsman’s Office had authorized a sponsorship of a bill currently before Parliament which would prohibit physical punishment. Up until now, the Corporal Punishment Act had not been promoted adequately but this new law was now in the midst of being approved.
On the issue of abuse and ill treatment, the delegation said there were a number of programmes instituted by the State in that regard which had been carried out by the National Children's Trust; the Children and Adolescent Code also obligated adults to lodge reports or complaints in the event of any act of abuse or ill treatment of a minor. In the Office of the Prosecutor there was a unit set up specifically to handle such cases. There were also “hot lines” set up in Costa Rica which received complaints of domestic violence. In such cases, the police were duly informed as was the National Children's Trust. The “hot line” was staffed 24 hours a day. There was another “hot line” operating in the State specifically for adolescents. On average these “hot lines” received 10,900 calls per year, or 1,200 per month. Ill treatment and desertion were the most frequent cases handled by these telephone call centres. These lines were operated under the concept of absolute confidentiality.
Concerning child abuse and sexual exploitation, the delegation said specific activities had been carried out to combat commercial sexual exploitation. Some 80 per cent of the members of the police force in Costa Rica had been trained on matters related to child abuse and domestic violence. A regional network for lost and exploited children, established in Washington DC, now had a branch in Costa Rica. Campaigns had been organized in port cities and border areas. Assistance to victims of sexual exploitation was also provided through offices of the National Children's Trust.
As to the definition of the child in Costa Rica, the delegation said children were defined as all persons under the age of 18. Moreover, special campaigns had been designed to ensure the coordination of the various definitions used in the State and there were also guidelines for the protection of minors. The State guaranteed that all children received inalienable rights at the time of conception.
Questions Raised by Experts
During a second round of questions, the Rapporteur, while acknowledging the major progress made in the area of health in the State party, asked for clarifications on the percentage of resources devoted to actual health care for children and adolescents. Other issues raised included teenage pregnancies; access to social services by immigrant families and children, including in the areas of education and health; and the role of the media in the promotion of the rights of the child. She noted that the high percentage of news reports on child issues related to abuse and exploitation.
The Co-Rapporteur raised questions related to access to health services, especially for those in remote areas and for indigenous and immigrant families and children. He asked what actions had been taken to ensure that health services reached these areas and this portion of the population. Another issue raised concerned the State’s child labour policies, especially in terms of child labour in the informal sector and the monitoring of these practices.
Others Experts raised questions on children with disabilities; reproductive health; child prostitution and sex tourism; children affected by HIV/AIDS including AIDS orphans; juvenile justice and places of detention for juvenile offenders; and the protection of children in the church and schools against paedophile priests and teachers.
While noting the upward trend in the education sector, another Expert said problems remained in the area of school drop outs and disparities in school enrolment and requested additional information in that regard.
Response by Delegation
In response to a question on corruption, the delegation said that corruption affected different sectors of society, including in areas related to children and adolescents. The State had taken practical steps to combat corruption and had approved laws that criminalized such conduct.
With respect to paedophilia, the delegation noted that there were very few cases of this nature in Costa Rica, although two priests were recently sentenced to jail for the abuse of minors.
On juvenile justice, the delegation said the juvenile criminal code stated that those under 12 were not criminally liable for their actions. In these cases, the child was directed to the National Children's Fund. Offenders between 12 and 15 were sent for community work generally and were rehabilitated through training measures. From the age of 15, detention in a juvenile centre was the usual course of action. In Costa Rica there was one juvenile detention centre for those between 15 and 18 and another centre for those from 18 to 20. Moreover, there was a limit of six months for all proceedings related to juvenile offences.
As to adoption, the delegation said the amendments to the Adoption Act sought to ensure monitoring of private adoptions. It was hoped that these amendments would be passed shortly. Cases of direct adoptions were handled by the Council on Children and Adolescents. The delegation drew attention to the case of the nine Guatemalan babies who were adopted in Costa Rica under false pretences and were later determined to be used for trafficking. This case had intensified the State’s measures to monitor and regulate adoption cases.
Regarding street children, the delegation said some 95 per cent of persons living on the streets were suffering from drug addiction. Therefore the State would be opening a drug treatment centre in the near future. This was a new phenomenon in Costa Rica. The National Children's Trust had 40 shelters where boys and girls were housed on a temporary basis. In addition, non-governmental organizations ran centres to provide assistance to these minors. These centres also catered to children in conflict with the law. Contrary to reports, there were no Maras street gangs in Costa Rica.
In response to the questions raised on education, the delegation said there were policies and strategic programmes designed to deal with challenges in education. These challenges included universalizing education and teaching additional languages in the school system; progress had been made on these issues. A number of incentives had also been put in place to improve the student-teacher ratio and to increase coverage in rural areas. There had been a two per cent reduction in illiteracy. Special emphasis had been placed in areas where there was a high concentration of immigrants and indigenous children. Despite these efforts, disparities still existed, in particular among marginalized groups; the national programme “Launching Education” aimed to, among other things, reduce these disparities. Grants were provided, as per this programme, for transport costs and meal allowances, for example.
On children with disabilities, the delegation said the teaching curricula was adapted to meet the needs of these children and measures were taken to mainstream them into the main school system. The number of classes catering to the needs of these students had thus increased as a result of various measures.
As for vocational training, the delegation said there were courses for vocational training and organizations were involved in this type of training and apprenticeships to lead to an orientation into the job market. There was also a distance learning centre which focused on vocational and technical training for the same purposes. The National Apprenticeship Institute provided technical training and job opportunities for those over 15 years of age. There was an agreement signed last week with another technical institute in Monterey, Costa Rica, to provide similar services.
In response to a question on poverty, the delegation said the last three governments had made concerted efforts to alleviate poverty in Costa Rica. The “New Life” plan was one such example of a Government strategy to combat poverty. Nonetheless, poverty was not being reduced as had been hoped. Between 1993 and 2003, social investment had increased from 15.7 to 18 per cent respectively; over 40 per cent of the GDP went to debt servicing, the delegation added.
In the area of health care, the delegation said the country had made efforts in this sector in spite of considerable economic difficulties. As mentioned, 90 per cent of the population benefited from free primary health services. Before the reform of 1998, there was 40 per cent coverage of these services. There were medical teams made up of health care specialists who provided services to homes; each of these teams was responsible for some 5,000 persons. Child and maternal mortality had also improved significantly. There were 81 cantons in Costa Rica and in the past each had one health centre. As per the new health reform, there were now several health centres located in each of these cantons, thus broadening the administration of health services throughout the country. Efforts were also being made to identify additional health requirements.
There was a council for reproductive health and a national plan for sexual education. Teachers, along with health practitioners, assisted by way of monitoring health trends as observed in schools, such as teenage pregnancies; the percentage of teenage pregnancies had been reduced in recent years, the delegation added. Particular attention had been focused on marginalized groups in remote areas, such as indigenous groups. Special efforts had been made to reduce the numbers of children living with HIV/AIDS; there were no new cases of HIV/AIDS infected persons under 15 during the reporting period. Moreover, the country spent some 55 per cent of the money allocated for AIDS to purchase anti-retroviral drugs.
Preliminary Remarks
ROSA MARIA ORTIZ, the Committee Expert serving as Rapporteur for the report of Costa Rica, said due to the rich dialogue between the Committee and the delegation, the Committee now had a clearer picture about the rights of children and adolescents in Costa Rica. The joint commitment between the Government of Costa Rica and civil society was to be applauded.
Ms. Ortiz said the Committee would be expressing its concern, through its concluding observations, on the areas of discrimination of various kinds that persisted; the lack of concrete results in reducing child labour; the situation of children living in poverty; street children and children of immigrants; direct adoption practices; and sexual commercial exploitation. The Committee would also recommend the need to finalize the reform of the National Children's Trust and to institute mechanisms to integrate and better coordinate the collective systems in Costa Rica working for child rights and protection.
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