MAJOR CHALLENGE FOR COSTA RICA IS PRACTICAL IMPLEMENTATION OF RELEVANT LEGISLATION, WOMEN’S ANTI-DISCRIMINATION COMMITTEE TOLD

Committee on Elimination of
Discrimination against Women
9 July 2003
619th Meeting (AM)



The major challenge for the Government of Costa Rica was to ensure practical implementation of the country’s legislation for the advancement of women, overcoming discriminatory patterns and opposition from the conservative groups of society, the Committee on Elimination of Discrimination against Women was told this morning as it concluded its consideration of the situation of women in that country.

The monitoring body of the Convention on the Elimination of All Forms of Discrimination against Women first took up Costa Rica’s initial through fourth periodic reports on 2 July (see Press Release WOM/1405 of 2 July).

The Committee’s Acting Chairperson, an expert from Cuba, María Yolanda Ferrer Gómez, expressed the Committee’s satisfaction that Costa Rica’s case had come before the Committee, albeit 17 years after the country had ratified the Convention. Among positive achievements, she mentioned the enactment of a considerable number of specific laws and amendments of existing legislation, including the law to promote social equality of women and the law on responsible paternity. The Committee also welcomed the elevation of Costa Rica’s national machinery for the advancement of women, which required proper funding.

She stressed that the contents of the laws must be disseminated, so that women became aware of their rights. Awareness training for judges and public officials was also needed. As women still encountered resistance due to existing discriminatory patterns, sanctions must be imposed on those who failed to implement the laws. In the future, it was important to continue the legislative reform to contribute to the objective of achieving equality. The Government should redouble its efforts to develop a comprehensive plan to eradicate stereotypes and transform deeply rooted socio-cultural patterns that created serious obstacles to the advancement of women.

The goal was to achieve equality at all levels and in all spheres of economic, political, cultural and social life, she concluded. Results were needed to turn discrimination into positive achievements in areas of political participation and eradication of sex exploitation. Although plans had been adopted, women, girls and adolescents were still facing very serious problems. Among the remaining challenges, it was possible to list equality in salaries and jobs, improvement of the work environment and a change in the situation of indigenous women. Special attention should be paid to the implementation of measures to counter the negative impact of the free trade treaty. On health issues, women must receive proper information to make decisions on the number and spacing of their children. Also needed was a strategy for eradication of poverty with a gender perspective.

Responding to numerous questions posed by the Committee’s members last week, Costa Rica’s Minister on the Condition of Women, Esmeralda Britton Gonzalez, recalled that the Country had ratified the Convention in 1986 and its Optional Protocol in 2001. She outlined numerous measures to bring domestic legislation in line with the Convention and advance gender equality in the country. The country had set up the national machinery for the advancement of women and introduced temporary special measures, including a minimum 40 per cent quota for women’s political participation. However, the Government still encountered opposition from conservative groups of population, with male-oriented views, prejudices and outdated stereotypes hindering action to eliminate discrimination against women.

The Committee will meet at 10 a.m. tomorrow, 10 July to take up reports presented by Slovenia.


Country Response

In her two-hour presentation, Costa Rica’s Minister on the Condition of Women, ESMERALDA BRITTON GONZALEZ, said her country had incorporated the concept of discrimination against women in its legislation. The restructuring of the national machinery included creation of the National Institute for Women, which replaced the National Centre for the Development of Women and the Family, acting as the government institution for national policies on women. The Institute was a higher-level, independent and decentralized institution with extended functions.

A Secretary on the Status of Women had been appointed at the ministerial level, who also acted as Chairwoman of the Institute and was part of the Council of State responsible for overseeing national policies, she said. Mechanisms to mainstream a gender perspective were developed at the sectoral, institutional and local levels.

Along with other parts of the Government, the National Institute for Women had suffered a 40 per cent budget reduction under directive 001 of 24 May 2002, but in practice, only marginal cuts had been imposed on the institution this year, and it had been able to maintain its core activities, she said. However, its ability to act had been hindered by the fact that not all budgeted amounts had been received.

Prejudices, ignorance and androcentric understanding of the law were in the way of implementing changes, but that did not mean that Costa Rica failed to apply the provisions of the Convention, she said. The approval of the Act Promoting Social Equality of Women had introduced legal regulations directly related to the Convention and had opened the way for further legislative reforms. New resolutions and administrative procedures were being promulgated in the country, and efforts were being made to improve women’s participation in public life. The adoption of quotas for election lists represented a major advance for women. Further measures were being introduced to encourage actual participation of women in elections.

As for jurisprudence on sexual harassment, there had been a recent court ruling, which had determined that sexual harassment was discriminatory behaviour based on gender, she said. Under the law on sexual harassment in the work place, employers had to set up effective internal mechanisms for handling complaints. Since 1994, there was a law on prevention of domestic violence, including psychological violence, threats and so on. Some forms of violence not leading to serious damage were not considered criminal behaviour, however. While the problem had been treated as a medical issue in the past, now violence against women was considered a violation of their rights.

Regarding the efforts to publicize the Convention on the Elimination of All Forms of Discrimination against Women, she said that detailed study of the Convention was not part of the curricula of the country’s law schools. However, under an agreement with the University of Costa Rica, a course on human rights had been introduced, including such international instruments as the Convention. Efforts were being made to spread the study of the Convention to other public institutions. Gender training was being provided to law enforcement personnel, including the police.

There were two State programmes providing education, services and training for poor women and adolescent mothers. By 2002, more than 19,000 women had been involved in those programmes. Indigenous women took part in various programmes in rural areas of the country. The development plan for indigenous people had not yet been implemented, but certain measures were now in their beginning stages. A seminar was planned in September to study the legal needs of the indigenous people. Criminal courts were functioning in the areas with a high percentage of indigenous people. Interpretation was provided for those involved in the cases.

Regarding refugees, she said that Costa Rica was open to political asylum. Refugees received temporary residence and were allowed to work. In practice, however, they often encountered difficulties when applying for jobs. A bill for comprehensive immigration policy was under consideration now, which would make immigration regulations more flexible and eliminate discriminatory provisions. Migrant women were more exposed to exploitation and abuse than other groups of population, and that situation needed to be addressed by the Government.

The Government of Costa Rica intended to adopt proactive positive discrimination measures for the advancement of women, she said. Certain action had already been taken, and positive discrimination was seen in the 40 per cent minimum for women to be elected, for example. More job opportunities had been created for women; and changes had been made to address salary disparities.

Regarding the relations of the State with the Church, she said that Catholicism was a State religion in Costa Rica. While historically, State funding had been provided for the maintenance of the diocese and salaries of bishops, the current budget did not have such provisions. Some of the Government’s initiatives, including those on sexual education, had been opposed by the Church.

Concerning family issues, she said that the legal age of marriage in Costa Rica was 18 years of age, but women between the ages of 15 and 17 also could get married, with consent of a parent or guardian. Women were free to choose their marriage partners. Under the country’s Family Code, men and women enjoyed the same rights and responsibilities within the family.

She added that the Government was trying to promote a more prominent role of men in the family, in particular through its campaign for responsible fatherhood. In an effort to transform traditional patterns, educational programmes for children were being introduced. Although both spouses could procure a divorce on the same grounds, including infidelity, women encountered certain difficulties. For example, it was more difficult to prove adultery by a man.

On trafficking in women and child prostitution, she said that an old law on sexual exploitation contained some discriminatory provisions, including those referring to the need for a woman to be “honest” to be considered a victim. The situation had been recently rectified. Trafficking in women was a criminal offence, and production of pornography was considered a crime when minors were involved. There was no data on the number of street children.

The Government’s efforts in the area of health included several studies to research the needs of women, including studies of elderly women’s health and the incidence of cervical and breast cancer. Regarding HIV/AIDS, she said that since 2000, there had been over 20 deaths each year from AIDS, and that data was not disaggregated by sex. There was 100 per cent medical coverage for those suffering from AIDS, including immigrants. The national Commission on Sexual and Reproductive Health had formulated the need for a comprehensive programme for AIDS and HIV prevention. The national HIV/AIDS centre had recently come up with an initiative to educate the public on the issue, but no special training was provided to the personnel dealing with HIV/AIDS. Quarterly tests for HIV and syphilis were conducted for high-risk groups.

Regarding the use of contraceptives, she said that condoms were provided for recipients of social security benefits. While a promotion company had been engaged to advertise the use of condoms in Costa Rica, there was no well-defined policy on their sale in the country. Women could ask for contraceptives as soon as they reached adulthood, and their requests could not be refused. The Church was exerting great pressure on the Government as far as reproductive health issues were concerned, however.

In education, during the past decade, a plan for equal opportunity for men and women had been devised, as well as a strategic action plan to introduce gender-sensitive aspects of education. A course for the National Police Academy provided some 40 hours of training concerning home violence.

She also explained the reasons for late submission of reports by the country, which resulted in the fact that the country only presented its initial report, along with subsequent ones, this year. She did not think there would be any delays in the future.




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