ANTI-DISCRIMINATION COMMITTEE COMMENDS COSTA RICA’S EFFORTS FOR WOMEN’S ADVANCEMENT, CONCERNED OVER CULTURAL STEREOTYPES, VIOLENCE

Committee on Elimination of

Discrimination against Women

612^th & 613^th Meetings (AM & PM)

ANTI-DISCRIMINATION COMMITTEE COMMENDS COSTA RICA’S EFFORTS FOR WOMEN’S

ADVANCEMENT, CONCERNED OVER CULTURAL STEREOTYPES, VIOLENCE

During a day-long examination of the status of women in Costa Rica, expert members of the Committee on the Elimination of Discrimination against Women commended the Government’s commitment to the advancement of women and called for measures to overcome prevailing stereotypes, saying that, as a prominent and politically stable country in its region, Costa Rica should serve as an example to others.

The experts –- charged with monitoring implementation of the Convention on the Elimination of all Forms of Discrimination against Women, which Costa Rica ratified in 1986 –- praised the Government for establishing a wide scope of regulations on women’s participation in public life, including a minimum 40 per cent quota for political participation.  One expert lauded the country’s 1996 Electoral Code reform, which could serve to promote equitable access to governmental decision-making positions.

While most discriminatory legal provisions in Costa Rica had been eliminated or were being reformed, many speakers were concerned with the continued sexist application of regulations as a result of cultural biases and patriarchal stereotypes.  Widespread violence against women also required serious attention, as did women’s position in the family and in the labour market.

As in the case of Brazil, whose report was considered yesterday, experts regretted the presentation of reports by Costa Rica, pointing out that under the Convention, a State party should submit its initial report within one year after the instrument enters into force and subsequent reports at least every four years thereafter.

Presenting the country’s combined initial through third and fourth reports on compliance with the Convention, Costa Rica’s Minister on the Condition of Women, Esmeralda Britton Gonzalez, outlined the country’s efforts to overcome discrimination against women, saying that Costa Rica recognized its obligation to develop non-discriminatory legislation and gender-sensitive public policies.  The approval of the Act Promoting the Social Equality of Women in 1990 had begun a period of profuse development of legal and institutional instruments to protect women’s human rights.

Although the Government had set up a platform of action and national machinery for the advancement of women, its efforts were seriously affected by budget constraints, poverty and resistance to women-oriented policies by the male-centred society.  A gap between rhetoric and practice still existed.  Male-oriented views still pervaded judiciary and legislative bodies, and there was limited commitment to adopt effective, punitive measures against gender discrimination.

Concerning sexual violence, for example, she said that Costa Rica had begun to expand its human, structural and legal resources to deal with the issue.  Although the rights and resources available to victims of violence had been widely extended, there was opposition to implementing the Law Against Domestic Violence, as well as for congressional approval of a law to criminalize violence.

Among the country’s main challenges, she mentioned eradication of extreme poverty; improvement of health services; creation of employment opportunities for women; eradication of discrimination in the education system; ensuring access to capital, credit and assistance for rural women; and strengthening anti-violence policies.  Also required was enhanced attention to the issue of women’s reproductive health.

At the conclusion of today’s meeting, Costa Rica’s Minister of Health, Maria del Rocio Saenz, responded to questions related to her area of expertise.  As a country presenting its reports for the first time, Costa Rica will be given an opportunity to respond to the rest of today’s numerous comments and questions on 9 July.

At 10:30 a.m. tomorrow, 3 July, the Committee will take up France’s third, fourth and fifth periodic reports.

Background

The Committee on the Elimination of Discrimination against Women met today to consider the combined initial, second and third periodic reports of Costa Rica (document CEDAW/C/CRI/1-3).  Costa Rica’s fourth periodic report (CEDAW/C/CRI/4) was made available at the outset of this morning’s meeting.  Costa Rica ratified the Convention in 1986.

The combined report notes that over the past 40 years, the lives of Costa Rican women have changed significantly.  Costa Rica has achieved major social and economic advances since the 1950s.  In terms of human development, it holds second place among Latin American countries.  Women account for some 49 per cent of the Costa Rican population, about 30.1 per cent of the economically active population and about 60 per cent of workers in the formal sector.

Although women have had the right to vote since 1949, several cultural factors have prevented them from fully exercising that right, the report states.  Women’s access to decision-making bodies within State authorities, the private sector, social organizations and political parties is also limited.  Since 1975, the State and various civil society organizations have promoted a number of initiatives to ensure that the commitment to women’s human rights is duly honoured, including by introducing reforms, creating legislation and formulating public policy.  While the process began slowly, it began to gain strength in the 1990s.

Since Costa Rica’s ratification of the Convention in 1986, significant progress has been made regarding gender-based discrimination in national legislation, the report states.  Major commitments have been made in terms of recognizing violence against women as a human rights violation and in terms of recognizing the State’s obligation to develop non-discriminatory legislation and gender-sensitive public policies.  While most discriminatory legal regulations have been eliminated or are in the process of reform, the sexist application of regulations as a result of cultural conceptions and patriarchal stereotypes continues.

The report notes that Costa Rica’s 1949 Constitution recognizes the basic rights of all individuals without distinction.  To modernize the Constitution, the Legislative Assembly, the main legislative power, is currently considering a draft law proposing that the word “man” be replaced with “person”.

Regarding national machinery for the advancement of women, the Office of Programmes for Women and the Family was created in 1974 as a part of the Ministry of Culture, Youth and Sports.  The office was strengthened in 1986 with the creation of the National Centre for the Development of Women and the Family by an “Act of the Republic”.  Although the Centre was attached to the Culture, Youth and Sports Ministry, the fact that it was created by such an act ensured its stability and guaranteed a minimum amount of funding, regardless of changes in government.  The Centre was created as the government agency responsible for initiating, directing and coordinating public gender policies.  Starting in 1994, it began to introduce robust measures to achieve equality and equity between men and women.

The Centre’s range of responsibilities and its place within the State apparatus, however, have placed certain limitations on it, the report says.  A draft law currently being considered would give the Centre greater autonomy and allow it to participate in decision-making at the highest level of government.  The legislation would also open up the possible designation of the Centre’s Director to that of “Minister without portfolio”.  Strengthening the national mechanism represents a major challenge for Costa Rica.  Efforts have also been made to strengthen agencies for the defence of women’s rights, including the creation of the Office of Women’s Affairs.  Attached to the Ministry of Justice, the Office is responsible for dealing with complaints of domestic violence.

Temporary special measures to accelerate de facto equality between men and women began with the approval, in 1990, of the Act Promoting the Social Equality of Women, the report adds.  That Act introduced the first legal regulations and measures directly related to the Convention, including regulations to accelerate equality for women within the administrative ranks of political parties and electoral lists.  The adoption of participation quotas in party decision-making bodies and electoral lists represents a major advance for women.  Much remains to be done, however, to ensure that women are appointed to eligible positions.

Costa Rican women have been affected by budget cuts in the areas of health and education, the report says.  While the country’s health indicators are positive, women often tend to neglect their own health needs to cater to the needs of others.  In the past five years, the growing awareness of the problem of violence against women, especially domestic violence, has increased the State’s commitment to prevention.  Ratification of the Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women in 1995 led to the dissemination of laws and legal reforms, such as the Act against Sexual Harassment in the Workplace and in Education and the Domestic Violence Act.  The Criminal Code has also been reformed regarding violence in marriage and sex crimes.

Women have succeeded in obtaining major legal reforms, placing them on an equal footing with men in most areas.  A number of legal reforms are pending under the Draft Law on Gender Equality in the Family Code.  Under the Family Code, male and female members of the family enjoy equal treatment under the law.  Despite that, however, social attitudes continue to influence the daily lives of Costa Ricans, forcing women to depend on their husbands, to submit to infidelity and violence and to perform domestic chores.

Introduction of Reports

Introducing the Government’s reports, ESMERALDA BRITTON GONZALEZ, Costa Rica’s Minister of the Condition of Women, noted that it was the first time Costa Rica was reporting to the Committee.  The combined initial, second and third periodic reports covered the period 1985 to 2002 and had been subject to vast, nationwide discussion.  An update covered events during 2002-2003.

She said Costa Rica was currently in the process of opening its economy to the international market.  In the past two decades, a gradual reform of the State had been taking place.  During the transition, poverty had increased with one fourth of the population living below the poverty line.  The number of households supported by women had significantly increased.  Costa Rica was dedicated to the achievement and promotion of gender equality and equity.  Women’s groups, non-governmental organizations, State institutions, international organizations and public universities had actively promoted changes in legislation, public policies, gender awareness and gender sensitivity.

Since 1986, the National Centre for the Development of Women and the Family had been acting as the government institution for national policies on women, she continued.  As a subordinate body of the Ministry of Culture, Youth and Sports, the Centre had confronted various obstacles, however.  In 1998, the Centre became the National Institute for Women, which was a higher-level, independent and decentralized institution with extended functions.  To strengthen Costa Rica’s national machinery, a Secretary on the Status of Women was also appointed at the ministerial level.  The Minister acted as Chairwoman of the Institute and was part of the Council of State responsible for overseeing national policies.  Mechanisms to mainstream a gender perspective were developed at the sectoral, institutional and local levels.

She said Costa Rica was committed to the elimination of diverse forms of discrimination against women as a necessary requirement for building a democratic society.  The approval of the Act Promoting the Social Equality of Women in 1990 was the beginning of a period of profuse development of legal and institutional instruments to protect the human rights of women.  In 2001, the Law on Responsible Fatherhood was approved, which sought to protect women with children born out of wedlock against discrimination.  A gap between rhetoric and practice still existed, however.  Male-oriented views still pervaded judiciary and legislative bodies, and there was limited commitment to adopt effective, punitive measures against gender discrimination.

Regarding women’s political participation, women had struggled to practice their full citizenship since winning the right to vote some fifty years ago, she said.  An important achievement was the 1996 Electoral Code reform.  The establishment of a 40 per cent minimum political participation quota for women had laid the groundwork for accomplishing equitable access to government decision-making positions.

Noteworthy achievements had also been made regarding sexual and reproductive health, she said.  In 1999, the Executive had approved a decree recognizing women’s rights to access professional counselling regarding the choice of surgical sterilization as birth control.  Women’s health-care policies, however, did not always consider cultural diversity and disabilities.

Concerning sexual violence, she said thousands of women of all ages were victims of gender violence in Costa Rica.  As a result of women’s organizations’ efforts to condemn gender violence, Costa Rica had experienced an important cultural and institutional change in recent years.  In 2000, the country began to expand its human, structural and legal resources to deal with the issue of violence.  The rights and resources available to female victims of violence had been widely extended.  Obstacles included opposition in implementing the Law Against Domestic Violence and Congressional approval of the Law to Criminalize Violence Against Adult Women.

Regarding education, she said women had used education to reduce gender gaps in wage differentials and to access specialized jobs.  Women’s enrolment in state universities was higher than that of men.  Overall, there had been a reduction in the gender wage gap.  Two commissions had been established to that effect, including a commission to promote small- and medium-sized businesses among women in rural areas and the Inter-Institutional Commission on Women’s Labour Rights.  Costa Rica did not have an employment policy.

Providing updated information, she said that in the 1998 elections, there had been some 19 per cent participation by women.  In 2002, significant progress had been made, with the number of women participating in Congressional elections increasing from 19 per cent to 35 per cent.  Costa Rica was fifth in the world regarding women’s participation in Congress.  Women’s participation at municipal levels was 47 per cent.  Only 8 per cent of mayors, however, were women.  While women were beginning to formally participate in politics, women’s participation in campaigns was not as important as their selection to key posts.  Women were still not obtaining higher-level posts.  There were 21 ministries and women accounted for 42 per cent of cabinet-level posts, including in the areas of health, education, planning, justice, status of women and children and youth.  Women accounted for about 46 per cent of vice-ministers.

Regarding sexual and reproductive health, she said there was recognition of the need for enhanced attention to the issue of women’s reproductive health.  An integrated approach to maternal health and cervical cancer was needed.  A national policy on health was currently being formulated, and would include an area on reproductive health and rights.  In 2003, work would be carried out to define health goals at the national and regional levels.  The focus for the past decade had been on women in poverty, particularly those in extreme poverty.

On the issue of violence against women, she said some 23 institutions were working on the issue of family violence.  Some progress had been made in institutionalizing public policy on family violence.  An institutional commission had been developed to deal with police treatment of family violence.  Emergency hotlines had also been created to assist women who had been victims of violence.  A high-level commission on policies to prevent the death of at-risk women had also been created.  A bill to criminalize violence against women, now in the legislature, had given rise to significant discussion and resistance.  The debate on the bill had prompted discussion about shortcomings in the penal system for violence against women.

Few changes had taken place regarding the status of women during 2002-2003, she said.  The Institute had begun to decentralize and had opened regional offices in three of the poorest provinces.  Women had achieved equitable access to governmental decision-making positions.  Costa Rica as a whole, however, had a limited commitment to adopting measures to punish gender discrimination and violence against women.  Women’s diversity in legislation and public policy was still not a reality.

Experts’ Comments

As the Committee proceeded to examine Costa Rica’s compliance with the Convention, experts congratulated the country for its presentation and commended the delegation’s frank outline of the women’s situation there.  They also commended the Government’s devotion to the promotion of human rights and welcomed the fact that Costa Rica had ratified the Optional Protocol to the Convention.  However, many speakers also stressed the importance of timely reporting to the Committee and wondered about the reasons for the country’s long silence.  After all, its initial report had been presented 17 years after Costa Rica had ratified the Convention in 1986.

The experts also pointed out that any international instrument was useless, unless it was widely publicized.  In that connection, they wanted to know if the general public in Costa Rica was aware of the provisions of the Convention and its Optional Protocol and asked what was being done in that respect.  Numerous questions were raised regarding the functioning of the domestic judicial system and the legal provisions prohibiting discrimination against women.  Of particular concern to the experts was the issue of persistent gender stereotypes in Costa Rica, which needed to be seriously addressed.

The Committee’s Chairperson, AYSE FERIDE ACAR, an expert from Turkey, said that the Committee appreciated the fact that Costa Rica had sent a high-level delegation to present its case, and looked forward to a fruitful dialogue with country representatives.  The Committee had an opportunity to finally consider the progress made, long after Costa Rica had ratified the convention.  Costa Rica was a stable country and held a prominent position in the region.  Therefore, it was regrettable that it had taken so long for Costa Rica to present its report in compliance with its reporting obligations under the Convention.

Acknowledging the delegation’s apology for its late reporting, an expert from Croatia, DUBRAVKA ŠIMONOVIC, pointed out that the Government was aware of its obligations under the Convention.  It had also reported to other human rights treaty monitoring bodies.  Thus, she wondered about the reasons for such a long delay in reporting to the Committee.

Also addressing the delay in submission, AÍDA GONZÁLEZ MARTÍNEZ, Mexico, said that the information provided by the Government was very important.  However, in some cases, so much time had elapsed since certain measures were taken that it was important to update the information in subsequent reports.

Several speakers also spoke about future reports to be presented by the country.  FUMIKO SAIGA, Japan, requested that those reports be prepared in compliance with the Committee’s guidelines.  In that respect, HANNA BEATE SCHÖPP-SCHILLING, Germany, expressed a desire to see more analytical and less descriptive documents.  More statistical data would also be welcome.

Regarding the status of the Convention in Costa Rica’s domestic law, GÖRAN MELANDER, an expert from Sweden, asked what happened when certain domestic laws contradicted the Convention.  Was the country contemplating promulgating a definition of discrimination against women in domestic legislation?

FATIMA KWAKU, Nigeria, said that under Article 7 of the country’s Constitution, international instruments, duly approved by the legislative assembly, took precedence over national legislation.  She wanted to know about the procedure for such approval and the status of the Convention in that respect.

HUGUETTE BOKPE GNANCADJA, Benin, asked what mechanisms were responsible for implementing the Convention and for bringing the domestic laws in harmony with that instrument.  She also wondered what remedies were available to victims of discrimination in Costa Rica and wanted to know if women could afford to bring up such cases.  Were indigenous languages spoken in the courts?  What were the rights of women prisoners?

Ms. GONZÁLEZ MARTÍNEZ drew the Committee’s attention to the fact that while the country’s initial reports referred to several bills and legislative reform of importance to the implementation of the Convention, there was no reference to those measures in later documents.  In particular, she had questions about the bills on the status of domestic workers and gender equality in the Family Code.  She asked if those laws had been adopted, and if not, why.

KRISZTINA MORVAI, Hungary, raised the issue of violence against women.  The reports referred to it as a public health issue, but it was also a human rights question since violence against women represented discrimination against them.  Laws must be in place to respond to cases of violence, including domestic violence, and effectively protect women.  It was wonderful that Costa Rica had specific legislation on domestic violence pending.  Violence against women was criminal behaviour and it should be treated as such.  It was also the Government’s responsibility to issue guidelines for health professionals to respond to cases of violence.  She suggested compiling statistics on complaints, the number of prosecutions and convictions.  Such data needed to be analysed to address the roots of the problem.

Ms. ŠIMONOVIC wanted to know if any cases had been brought before the courts under the Convention.  The law on Domestic Violence was not being implemented in a satisfactory manner -– it was only punishable by a fine.  Information was also provided regarding a draft law on criminalization of violence against adult women.  How was the Government planning to proceed if the law was not adopted?  Also, why only adult women?  What about girls?

Ms. SCHÖPP-SCHILLING wanted to know what laws, besides the Constitution, prohibited discrimination against women.  The question really related to the reasons for not having a definition of discrimination.  She also wanted to know how the Convention was being applied within the country’s domestic legal system.  Had an overall legal review been conducted in the country since 1986 to find out if discriminatory provisions still existed?

HEISOO SHIN, Republic of Korea, asked if there were plans to expand the role of the National Institute for Women.  She was disturbed by the fact that the goals of that body were listed as “promotion of public policy for gender equality and equity”.  Throughout the report, those terms were used interchangeably, and it was important to distinguish between them.  She also referred to the budget cuts for the Institute as the most serious problem.  Women’s units needed to be established within the ministries responsible for determining the budget in order to ensure proper financing of gender policies.

An expert from Cuba, MARÍA YOLANDA FERRER GÓMEZ, drew attention to the problem of poverty in Costa Rica, where some 23 per cent of the population lived in conditions of extreme poverty.  She wanted to know what measures the Government was undertaking to address that issue and what results had been achieved in alleviating the situation of poor people.  Also of interest was the situation of indigenous women.

Ms. SCHÖPP-SCHILLING asked for statistics on groups of women who suffered from multiple forms of discrimination, including elderly and indigenous women.

Ms. GONZÁLEZ MARTÍNEZ asked for more information on laws and bills to establish temporary special measures to accelerate advances for women.  What had happened to the reform of the Electoral Code?  Why had the various bills referred to in the presentation not been adopted?

FRANÇOISE GASPARD, an expert from France, said article 4 of the Convention was strategic in nature.  By ratifying the Convention, States authorized themselves to take temporary special measures to eliminate discrimination against women.  Why was there a provision to protect common law marriage and was it a temporary or a permanent measure?

The 1996 Law addressed inequalities in women’s representation in national assemblies, she added.  How had the law been framed?  Did the quota stipulate a minimum of 40 per cent women’s representation or was it a question of 40 per cent minimum representation of one gender.  The difference was important.  Quotas were often used as a ceiling, rather than a floor.  The use of quotas in Costa Rica provided a sterling example.  By law, parties must respect a given quota for women.  What kind of monitoring mechanism did the Government have to ensure respect of the law by the various political parties?

Turning to article 5 of the Convention, the expert from Romania, VICTORIA POPESCU SANDRU, said that while many Costa Rican women were educated, stereotypical images of women still persisted.  While removing stereotypes in education was important, there were other areas where the elimination of stereotypical images was also crucial.  For example, women were still relegated to domestic work, while men were seen as providers and decision makers both in public and private life.  In spite of the major contribution of women to the national economy, their work in the domestic sphere was invisible.  Domestic work was not only unpaid but not recognized by society.

On the role of the media, she said the media could help to change stereotypical images.  Were there special campaigns to promote information about women leaders and their experiences in reconciling family and work responsibilities?

Questions were also raised about the status of female refugees in Costa Rica, the role of the Catholic Church, complaints of discrimination brought before relevant bodies, and the rights of minors.

Afternoon Session

Several experts raised the issue of violence against women, prostitution and trafficking in women.  Experts wanted to know what specific measures were available to women who were victims of violence.  Ms. MORVAI, expert from Hungary, asked if marital rape was criminalized in Costa Rica.  She was disappointed that the report only addressed child prostitution.  Ms. GONZÁLEZ MARTÍNEZ asked what measures were being taken to protect male children from violence.  They both wondered what was being done about trafficking in women for sexual or other purposes.

Regarding female representation in political life, several experts praised Costa Rica for its concrete achievements in that area, while at the same time asking for more information on how the Electoral Code had actually resulted in such dramatic statistics.

MARIA REGINA TAVARES DA SILVA, an expert from Portugal, said she was very impressed with the results of the Electoral Code.  In a society where conservative trends concerning women prevailed, Costa Rican women’s participation in political life was proof of the country’s political will.  She agreed that Costa Rica could indeed be used as an example for women’s political participation, from which countries could learn.  Yet, given the significant progress in the last few years, she wondered why there was such a gap in the number of female mayors.  Regarding women’s representation in the Judiciary, she noted that women were most present in lower-level positions.  Was it a matter of time before women reached the higher echelons of the Judiciary?  The report was lacking information on decision-making posts in the economic sphere in general.

MERIEM BELMIHOUB-ZERDANI, expert from Algeria, said the figures presented in the report were striking for a country that just a few years ago had low levels of female representation in political life.  Did the delegation believe that the results were temporary and was there any chance of a significant reversal of the positive trend?  With all the electoral victories experienced by Costa Rican women, pressure should be exerted on public authorities for similar progress within the framework of government appointments, and not just elections.

NAELA GABR, an expert from Egypt, said that women’s representation in diplomatic posts could serve as an important indicator of their position in society in general.  She hoped that in the future, the number of women and men in high-level diplomatic posts would be equal.  She also wanted to know about women’s representation at international conferences.

CHRISTINE KAPALATA, United Republic of Tanzania, asked about the mechanisms that the Government intended to put in place to increase the presence of women at the Foreign Ministry.

As the Committee moved on to the issue of migrant women in Costa Rica, ROSARIO MANALO, an expert from Philippines, said that while discrimination was forbidden, many migrant women were subjected to abuse.  She asked why the country had not established specific migratory policies and how the Government envisioned future legislative action in that regard.

SJAMSIAH ACHMAD, Indonesia, expressed concern over persistent resistance to gender equality, despite many programmes undertaken by the Government.  She wondered if any efforts had been made to introduce gender perspectives in teachers’ colleges, because without such measures, the benefits of gender equality would not be disseminated.  Also required was proper training of law enforcement personnel.  The principles of the main international human rights instruments, including the Convention, should be widely taught in the country.

As for the resistance to the advancement of women within society, she asked if the Government had engaged in a constructive dialogue with community leaders, non-governmental organizations and civil society.  It was the State’s obligation to implement the Convention and overcome gender stereotypes.

Commending Costa Rica for its efforts to involve more women in education, Ms. MANALO noted that many stereotypes still persisted in that area.  At schools, girls were expected to take such classes as home economics.  At the faculty level, it looked like women were encouraged to teach courses for girls.  Without breaking that mould, it was impossible to achieve equality in education.  Women should be in decision-making positions at the university level.  Wholesome and constructive sex education should be provided to young people, as that was what the Convention called for.  Also, what about the right of disabled women to receive education?

On women in the labour market, SALMA KHAN, Bangladesh, said that she was worried about the wages and working hours of domestic workers.  How were their salaries established?  What were the minimum wages of agricultural, seasonal and migrant workers and how were they set?  Were they provided with social security and disability benefits?  How was the implementation of the labour code monitored?

PRAMILA PATTEN, expert from Mauritius, asked to what extent the Women’s Ministry collaborated with the Labour Ministry.  It was clear that women were not represented in economic decision-making.  The gap between women and men to exert authority in economic structures was actually widening and women faced numerous obstacles in economic life.  While the report had fairly identified the problems, more detail was needed on concrete measures to address them.  Would the Government implement some temporary measures to encourage women’s participation in economic life?

Ms. FERRER GÓMEZ, noting that the report referred to the issue of liberalized markets, asked how the Government planned to neutralize the impact of free trade on women.  Regarding the status of women in domestic service, she asked for more information on the two new measures mentioned in the report.  She also asked for the delegation’s view on the extent to which labour rights protected women more than men.  Why had so many business owners said that protectionist legislation was actually removing women from the market place?

While Ms. SCHÖPP-SCHILLING applauded Costa Rica’s efforts regarding health, she noticed that most of women’s health-care norms related to reproductive and sexual health.  The fourth report included figures regarding other areas of health, including mental health.  What was being done by the Ministry of Health or the Women’s Ministry in that regard?  What funds had been allocated to research and treatment?  As the majority of the elderly were women, it was odd that institutions and policies for the elderly did not contain a gender dimension.

Also, what was the mandate of the Office of the First Lady, and how did it interact with the Women’s Ministry?

Ms. GONZÁLEZ MARTÍNEZ said that while abortion was criminalized in Costa Rica, surgical sterilization could be performed, with the informed consent of the patient.  According to the report, very few men asked for vasectomies, however.  What was lacking was a broad information and education campaign to demonstrate to the population that men and women had shared responsibilities in reproductive matters.

Ms. KHAN commended the Government for introducing health screening of sex workers.  However, it seemed discriminatory that only women were required to show a card of clear health, but not their clients.  It was a source of concern that a large number of adolescent girls and street children were involved in substance abuse.  She also wanted to know about the consequences of the use of pesticides on the people.  An increasing number of females were infected with HIV/AIDS, and she asked for further information on that issue.

Referring to social barriers to the introduction of reproductive health measures, Ms. FERRER GÓMEZ wanted to know how the Government intended to change the situation, so that Costa Rican women’s rights were not violated.  It was stated that conservative groups were trying to stem sexual education, which was extremely important.  What was the Government doing to provide information about contraception to young people?  Were contraceptives available?  Was therapeutic abortion being considered for very young girls and women who had been raped?

As the Committee turned to the agricultural sector, Ms. KWAKU lauded the Government’s “very visible” efforts to eliminate discrimination against rural women.  A rural credit programme had been created in the country, and she wanted to know how rural women were benefiting from it.

Ms. SAIGA said that while it did exist, women’s access to credit was limited because of financial constraints and the difficulties in finding a guarantor.  She wanted to know about the status of a proposed amendment to the existing law on women’s access to credit and asked about the initiatives to provide financing to women.  In that connection, several speakers also asked questions about women’s access to property ownership and a draft proposal put forward by the National Coordinator for Work with Peasant Women on special concessions for rural women.

Ms. GNANCADJA said she had several concerns, including the emergence in the last two years of several neo-conservative groups, the persistence of male-centred perceptions among legislators and the fact that the proposed law on violence against women was still in the pipeline.  How could there be change when there was much resistance at the highest levels of legislation?  When the majority of judges were men, how did they receive women’s complaints?

Several experts asked for greater clarification on family matters, including the legal marriage age, changes to the Family Code, the Responsible Paternity Law and a reduction in fertility rates.

CORNELIS FLINTERMAN, an expert from the Netherlands, asked if the Government was considering a change in the marriage law that would make the marriage age the same for men and women.  Also, what had been the fate of the draft law on gender equality in the Family Code?  Had it been shelved?  On the Responsible Paternity Law, he was shocked that in 1999, out of 78,000 registered births, more than 40,000 births were outside of marriage.  In 1999, almost 24,000 children were exclusively cared for by their mothers and the number of children with no declared father was increasing.  While the Responsible Paternity Act was relevant, much broader policies were needed to ensure that the number of children with no declared father was brought back to nil.

Ms. PATTEN said she had difficulty in following the argument on common-law marriages.  Was a duly recognized common-law wife eligible to pension rights upon the death of her common-law husband?  Were judges adequately trained to address changes in the Family Code?  She also asked for information on the criteria for obtaining legal aid in family-related legal proceedings.

Responding to questions, the Minister of Health of Costa Rica, MARIA DEL ROCIO SAENZ, said the issue of violence had been discussed at the country level, including the distinction between violence as a public health issue and a women’s rights issue.  Health was a right in Costa Rica.  Even in the 1970s, when family planning was in its early stages, there had been a reduction in the maternity rate.  Between 2001 and 2002, there had been a 7.8 per cent reduction in the birth rate.  The Responsible Paternity Law could possibly explain that reduction.  More research was needed on the issue, however.  Male perceptions and conduct regarding their sexuality had changed and the Paternity Law was an important part of that change.

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