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

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 The Committee notes that Act No. 7801 of 30 April 1998, establishing the National Women's Institute, repealed the Act establishing the National Centre for the Development of Women and the Family and transformed the above Centre into the National Women's Institute.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

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

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

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