Committee on Elimination of

 Discrimination against Women

978^th & 979^th Meetings (AM & PM)

Costa Rica Hails Election of Female President, Adoption of Gender-Equality Policy

as Women’s Anti-Discrimination Committee Considers Its Report

 

Expert Members Raise Concerns over ‘Old’ Information, Gender-based Wage Gap

Costa Rica’s adoption of a gender-equality policy and the election of its first female President in 2010 were landmark events that would allow women more economic autonomy, political participation and social protection, all of which were essential to overcoming entrenched discriminatory barriers, the country’s delegation said today while presenting its combined fifth and sixth periodic reports to the Committee on the Elimination of Discrimination against Women.

Maureen Clarke, Executive President of the National Institute of Women and head of the seven-member delegation, said the national gender-equality policy marked the first time that the country had devised a social and political instrument covering all branches of the Government.  Its creation had given rise to a comprehensive debate about discrimination against women and had led State institutions to change their priorities.  Three years after its implementation, Costa Rica had carried out a critical analysis and accountability exercise to identify “stumbling blocks”, she said.

Turning to the area of political rights, she described the election of President Laura Chinchilla Miranda as “the result of the fight of Costa Rican women for political equality”, which had itself created a paradigm shift in women’s political equality.  Subsequent progress had been seen in Parliament, where 36.8 per cent of representatives were women, placing Costa Rica near the top rank of Latin American countries in that regard.  Among other gains, she cited the law to criminalize violence against women, which sent the message that abuse was a violation of human rights.

“The main challenge for the human rights of women is supporting progress made and moving towards new goals,” she continued, underscoring the importance of extending and diversifying the political participation of women, a strategic democratic aspiration.  The development of laws would not be enough on its own; they must be applied.  “We have made progress, but we still have huge challenges as a country,” she said, adding that Costa Rica would strive to build a future of equal opportunities for women and men.

Following her presentation, the Committee’s expert members pressed the delegation to explain how Costa Rica was ensuring that women exercised their rights fully under the Convention on the Elimination of All Forms of Discrimination against Women.  Some expressed concerns that the combined reports contained “old” information, dating mostly from 2006 and earlier.

Experts also raised questions as to whether the country’s Constitutional Court applied the Convention in gender-discrimination cases, since the Constitution did not clearly outline a prohibition of that behaviour.  Other questions centred on employment and the right to work, and how Costa Rica was dealing with the effects of the Central American Free Trade Agreement on employment.  Efforts to address the significant wage gap between men and women were also a focus.

Responding, Ms. Clarke said that while there were “shortcomings” in the Constitutional Court, it had made several rulings that referred to Convention articles relating to discrimination, policy measures, guarantees of basic human rights and fundamental freedoms, sex-role stereotyping and prejudice, and marriage and family life.  “The instrument is being fully utilized, as well as the Optional Protocol,” she said.  As for its application in the area of domestic violence, she said two articles had finally been approved in 2010 after it had been decided that they did not contravene the Constitution.

She said the effects of the Central American Free Trade Agreement had been positive for employment, noting that unemployment had not risen following its introduction.  In fact, there were now more jobs for women in the financial, services and industrial sectors.

As for concerns about the reports, she promised an improvement, saying that the draft of the next report was almost complete.  It would be in compliance with the Committee’s criteria, and the national delegation would provide more hard facts when it next appeared.

The Committee will reconvene at 10 a.m. on Wednesday, 13 July, to take up the combined fifth and sixth periodic reports of Zambia.

Background

The Committee on the Elimination of Discrimination of Women met today to consider the combined fifth and sixth periodic reports of Costa Rica (document CEDAW/C/CRI/5-6).  For more information, please see Press Release WOM/1867.

Maureen Clarke, Executive President, National Institute of Women, led the Costa Rican delegation, which also included Ana Cecilia Morice Trejos, Vice-Minister, Ministry of Public Health; Saúl Weisleder, Deputy Permanent Representative of Costa Rica; Zarela Villanueva Monge, Magistrate and Vice-President, Supreme Court of Justice; Eugenia Salazar Aguilar, National Institute of Women; Linyi Baidal Sequeira, Minister Counsellor, Permanent Mission of Costa Rica; and Georgina Guillén Grillo, Minister Counsellor, Permanent Mission of Costa Rica.

Introduction of Report

Ms. CLARKE presented the combined reports, saying her country had transposed the Committee’s recommendations into its own laws for the Supreme Electoral Court and the national mechanism for women’s advancement, among others.  Those laws guided policies and actions for defending women in all legal and administrative processes, as well as in constitutional rulings, votes and executive decrees.  The Government had disseminated the Convention and launched awareness campaigns at all levels, while also partnering with women’s organizations to extend women’s rights.

She said the national gender equality policy marked the first time that Costa Rica had created a social and political instrument that covered the four powers of the republic, as well as academia.  That policy had given rise to a comprehensive debate about discrimination against women, which had led State institutions to change their priorities to focus on gender equality and equal rights.  Three years after its implementation, Costa Rica had carried out a critical analysis and accountability exercise, believing it important to identifying “stumbling blocks”.

In the area of paid work and income generation, she said that closing the gender gap had been difficult, especially in relation to salary.  To tackle that problem, Costa Rica provided information on employment options and had launched a national campaign to raise awareness about the minimum wage for women.  Further, the employment management system had acknowledged good gender-equality practices in micro and small enterprises, while company inspections helped to ensure that women were receiving the minimum wage.  Domestic employees were covered under a new employment code, which reduced their hours and ensured equal rights.  Costa Rica was also incorporating domestic employees into the social security system, she said, adding that caretakers were part of a larger network that aimed to eliminate the gender gap.

On sexual and reproductive health, she said concepts, perceptions and practices about sex and fertility must be seen as “dynamic” processes.  Under the national sexuality policy, the State guaranteed access to safe and informed sexuality for all under a policy based on action plans currently being drawn up at the national and regional levels.  Sex education programmes devised for the 2011-2014 period contained methodologies and programmes suitable for children of different ages, she said, adding that 100 per cent of men and women were aware of at least one contraceptive method and 80 per cent of them used one such method.  The HIV infection rate among women had fallen in the last three years, while access to screening for pregnant women covered 80 per cent of the population.  The gender-equality plan for 2012-2014 aimed to introduce a guide on therapeutic abortions and campaign to prevent teenage pregnancies.

As for political rights, she cited the country’s first female President as a significant success.  “This is a country-wide achievement, which is the result of the fight of Costa Rican women for political equality,” she explained.  It had been accompanied by major progress in political representation, with women achieving 36.8 per cent representation in Parliament, which placed Costa Rica close to the top of Latin American countries in terms of the number of female legislators.  Indeed, there had been paradigm shift in women’s political equality, she said, pointing out that 192 women had been elected to local government, representing 38 per cent of the total.  The challenge now was to apply reforms and devise strategies to supervise their implementation.

In that context, she emphasized that the Supreme Electoral Court’s approval of the gender equality policy offered proof that the national mechanism for women’s advancement had made an impact.  However, the most significant progress had been seen in the establishment of two political education centres that aimed to boost women’s political leadership and promote awareness among political parties about the application of the law.  Law 8901 (2010) also established parity in the boards of charity associations and trade unions, among others.

Among other regulations relating to women’s rights, she cited the law to criminalize violence against women, under which her country had sent the message that such abuse violated human rights.  Law 8929 (2011) criminalized abuse and emotional violence, which had been the source of 80 per cent of complaints received.  Another law against domestic violence had created the office of registrar of perpetrators.  The Government had also strengthened access to justice for victims with the creation of law 8720 and the implementation of a comprehensive platform of services to provide a single national response to the victims of such crimes.

“The main challenge for the human rights of women is supporting progress made and moving towards new goals,” the Minister said, underscoring the importance of supporting the National Institute of Women, as well as both extending and diversifying the political participation of women, which was a strategic democratic aspiration.  However, laws alone would not be enough, she cautioned, stressing that they must be applied and be accessible.  “We have made progress, but we still have huge challenges as a country,” she said, adding that Costa Rica would strive to build a future of equal opportunities for women and men.

Experts’ Questions and Comments

DUBRAVKA ŠIMONOVIĆ, expert member from Croatia, opened the question-and-answer session by asking whether the Convention was directly applicable in the Costa Rican courts in light of the instrument’s precedence over national legislation.  She also asked how Costa Rica had addressed the recommendations of the Inter-American Commission on Human Rights relating to the right to found a family, which was protected by the Convention.  Would the recommendations be implemented?

NIKLAS BRUUN, expert member from Finland, said the information provided in the report dated mostly from 2006 and before, and that the national Constitution contained no clear prohibition of gender discrimination.  In its absence, the Convention could be applied directly in constitutional court cases, he said, asking whether the courts did in fact apply the Convention in such cases.  He pointed to Costa Rica’s Domestic Violence Act, parts of which had been declared unconstitutional, as an example of such a case.  He also asked about laws relating to aliens and migrants that were not in line with the Convention and might therefore be considered “null and void”.  How much emphasis was placed on education about the Convention, and what was the role of the Ombudsperson in cases of sexual discrimination?

PATRICIA SCHULZ, expert member from Switzerland, echoed the concern about dated information, asking also about the consequences of Cost Rica’s Catholicism for sexual stereotypes and gender discrimination.  She also requested more information on the planned Concord Act, to be signed between Costa Rica and the Vatican.  She asked what progress had been made in implementing the Plan of Action 2008-2012, and how further action plans would be structured.  Finally, with regard to lesbians and transgender women, who may be especially vulnerable, she expressed concern about abuse and discrimination, asking what administrative and legislative measures had been taken to address their problems.

MAGALYS AROCHA DOMINGUEZ, expert member from Cuba, referred to a set of laws mentioned in the report which had still been awaiting parliamentary approval at the time of drafting, and requested an update on their status.  She also asked for more information about the dissemination of information on the Convention’s Optional Protocol.  With regard to the protection of the rights of indigenous women, women of African descent and other minorities, she asked whether the relevant programmes examined the issues from the point of view as minority women.  How could that matter be addressed?

VIOLETA NEUBAUER, expert member from Slovenia, expressed concern that the Executive President of the National Institute of Women no longer held ministerial rank, a change that showed “a lack of political commitment” to compliance with the Convention.  What had led to that decision? she asked.  How could the National Institute of Women gain the influence, funding and support necessary to achieve its goals?

ZOU XIAOQIAO, expert member from China, recalled that the report mentioned a crisis experienced by the National Institute of Women from 2005 to 2006 but did not make clear its nature.  What kind of lessons had been learned, and what had been done to strengthen the Institute?  Noting, in that respect, that part of its role was to monitor the situation of women — especially vulnerable women — she asked what measures had been taken to that end.  Recalling also that Costa Rica had adopted three specific core principles and six long-term goals, to be implemented over the course of five years, as well as 85 “strategic actions”, she asked what kind of monitoring mechanism was in place to achieve the implementation of those actions.  Would non-governmental organizations be involved in such a mechanism?  Would there be penalties for failing to meet the goals laid out?

YOKO HAYASHI, expert member from Japan, asked several questions about temporary special measures, which, according to the Convention, should be clearly distinguished from other general policies, and about the matter of parity.  In the area of women in politics, for example, why had Costa Rica chosen to implement parity measures rather than quota measures?  Were parity laws temporary special measures, or were they intended to be permanent?  Had parity measures been implemented in local political posts or in the judicial system?  She also asked how the Ministry of Education and other institutions had implemented special temporary measures targeted at women with disabilities.

NICOLE AMELINE, Committee Vice-Chairperson and expert member from France, also stressed the importance of special temporary measures in achieving specific goals, asking whether a legal programme was in place to ensure access to temporary measures.  Did basic legal texts provide for such access?  Finally, she noted that some sectors had specific actions aimed at establishing preferential treatment for women.  Were other such programmes planned?

Delegation’s Response

Ms. CLARKE, responding to a question about the application of the Convention in national courts, said that while there were “shortcomings”, the Constitutional Court had made several rulings that referred to Convention articles 1 (discrimination), 2 (policy measures), 3 (guarantee of basic human rights and fundamental freedoms), 5 (sex-role stereotyping and prejudice) and 16 (marriage and family life).  “The instrument is being fully utilized, as well as the Optional Protocol,” she said.  As to whether the Convention was applied in the area of domestic violence, she said two articles had finally been approved at the end of 2010, after it had been decided that they did not contravene the Constitution.  The problem had been in drafting of the law, which had since been redrafted.

In response to a question about the immigration law, she said the report was “very old” and much progress had been made since its publication.  An immigration tribunal had been established to address cases affecting women, and institutional coordination mechanisms had also been created, as had programmes to combat trafficking, both of which referred to the Convention.  Furthermore, the law on migration and foreigners had been approved in 2009.  As for discrimination, she said the Ombudsperson was particularly active in following up on sexual harassment cases.

Regarding the compilation of the combined periodic report, she said: “We commit ourselves as a country to improving the way in which reports are presented,” noting that the Central American regional mechanism for coordinating women’s ministries organized technical courses which outlined the content guidelines for submitting reports to the Committee.  Upon becoming an Institute, the national women’s mechanism had seen its status raised to the rank just below that of a ministry, she said, adding that today it was a “ministry without portfolio”.  The budget had been increased threefold, strengthening its work, and it now had four regional offices, with others planned.

Ms. VILLANUEVA MONGE added that the judiciary had had a gender equality policy in place since 2005, making it the first power in the republic to approve such a programme.  It centred on access to justice in human resources and employment, as well as in case law.  Costa Rica had decided that a central aspect of modernization would be guaranteeing access to justice for women in all its aspects, a “very clear-cut policy”.  Gender mainstreaming had also been carried out in the form of online courses, based on the Convention, for new officials, in addition to other workshops for more seasoned officials like police and prosecutors.  Jurisprudence was also important, she observed, saying it was an area in which gender had received attention.  The Constitutional Court had a specific collection system for gender cases, while “court number two” offered information on gender cases on its website.

Turning to human resources and personnel, she said the judiciary had 9,500 staff, 46 per cent of whom were women.  There were about 3,361 male and female judges at different levels, of whom 44.72 per cent were men.  Indeed, the problem was not quantity, but vertical segregation, she said.  Resources had been used to analyse the gender composition of judges and how to remove obstacles blocking women.  Proposals had been drawn up on ending discrimination.  “We know where the problems are,” she said, noting that among level 4 judges — the highest-ranking — only 21 per cent were women.

As to why the Constitutional Court had ruled the gender-protection law unconstitutional, she explained that criminalizing violence against women was a cultural issue that transcended “legal speak”.  Given that it was a cultural problem, three or four constitutional judges would always rule against change, she said, pointing out that they were no different from the society in which they lived.  Eventually, they would change as society progressed.

In response to the question about access to justice for indigenous people, she said Costa Rica had signed the “100 rules of justice”, which guaranteed access for everyone, especially the most vulnerable.  A second public policy on access to justice for people with special needs outlined the rules obliging the Government to review building architecture and offer access to related rulings and decisions.  The Government had also approved the use of cultural mediation for each case.

Responding to a question about gender parity, she cited the 2009 reform of the Electoral Code as an evolution of the quota system into democracy based on parity.  “This is not a quota system; it is more than that.”  The Supreme Electoral Court had ruled that the Electoral Code must offer a 50 per cent minimum threshold for women, and that there was no problem for one particular party to be comprised only of women.  That party had been able to register and stand in the elections.

As to why the report made no mention of the Optional Protocol, she said the Government educated people about the Convention, including the Optional Protocol.  Brochures on the Convention were incorporated into training programmes, and many meetings about the Convention — and the laws of which it was a source — had been organized.

She went on to say that of the 10 laws and 16 bills described in the report, only two were pending: one on the reform of the health law and another relating to the employment code.  All the others had been passed.  Regarding the protection of indigenous women and women of African descent, she said they were covered by the Gender Equality policy, adding that anti-racial discrimination policies were based on the Durban Declaration.  At the same time, the National Institute of Women must do more for women of African descent.  There was need for a comprehensive strategy based on cultural diversity and for affirmative action to achieve equality.

Finally, she explained that article 75 of the Constitution, relating to religion, must be seen in the context of Costa Rica’s history.  It was not exclusive; the same provision made freedom of worship possible and reflected national thinking, she said, recalling that the previous Administration had tried to withdraw the article.

Experts’ Questions and Comments

NAELA MOHAMED GABR, expert member from Egypt, noted that the report revealed the continued existence of sexual violence despite the adoption of a number of laws dealing with that important issue.  What actions had been taken to reverse the prejudicial attitudes that led to sexual violence, as well as violence in the family, sexual trafficking and other crimes?  She also requested information on the results of Costa Rica’s national plan to counter human trafficking.  Was there a fund to help child victims of trafficking?  How did the country help migrant women and other minorities to deal with it?

VIOLET TSISIGA AWORI, Committee Rapporteur and expert member from Kenya, recalled that the report mentioned the passage of both a domestic violence act and an act criminalizing violence against women, but provided no information on the number of cases reported under those laws or the types of crimes reported.  More information was also needed on measures offering protection to female victims of domestic violence, she said, asking how Costa Rica was monitoring the impact of those two laws.  On sexual harassment in the workplace, she asked whether Costa Rica envisaged a comprehensive law dealing with all sexual offences.  The report also mentioned various campaigns to counter violence against women, she said, requesting additional information on those initiatives and their impact.

SOLEDAD MURILLO DE LA VEGA, expert member from Spain, asked whether the courts had issued any rulings based on the law prohibiting sexual materials and child pornography.  How many cases had been brought under it, and had cases been brought by women alleging sexual abuse at work?  Were controls in place to counter trafficking by private companies, especially the hotel trade?  What were the results of the national plan to deal with the exploitation of children and teenagers?  Were punishments in place for clients who procured prostitution services involving minors?  Were agreements in place with neighbouring Nicaragua on monitoring the border for trafficking in women and girls?

Finally, she asked what information was available on the sex trade and the exploitation of girls and boys.  What kind of programmes addressed the sexual exploitation of children, and what was the impact of HIV/AIDS in that regard?  Were contraceptives widely available?

Ms. ŠIMONOVIĆ, expert from Croatia, asked for new statistical data about femicide, which had not been updated in the report since 2006.  What was the relationship between the act criminalizing violence against women and the domestic violence act?  Did the latter refer only to women or also to men?

With respect to shelters for victims, of which Costa Rica had three, she asked whether that number was sufficient, and how the shelters were funded.  She also requested information on the number of refugees in Costa Rica, and the status of asylum applications, which had fallen drastically since the passage of an immigration law in 2010.

Ms. AROCHA DOMINGUEZ, expert from Cuba, sought clarification regarding the protection of children, asking how much the issue of resources affected the scope of the work carried out by the national coalition to fight human trafficking, for example.  What was the office of the national prosecutor actually doing to counter child trafficking? she asked, going on to request that data on trafficking be broken down by gender.  With regard to the national plan 2008-2010 to fight trafficking, she recalled that the Committee on the Rights of the Child had expressed serious concern about child labour and trafficking, criticizing the absence of a law criminalizing those offences in Costa Rica.  How did the delegation view that Committee’s recommendations?

ISMAT JAHAN, expert member from Bangladesh, said that while the Government was making an effort to address the trafficking of women and girls, more must be done, particularly in ensuring compliance with the minimum standards for fighting trafficking.  The lack of convictions of perpetrators was a concern, she added, emphasizing that the issue of trafficking must be addressed at the regional level.  Asking whether there were updates on the formation of a regional action plan to fight trafficking, she asked how far the Government collaborated with non-governmental organizations.  Seeking clarification of the draft law on trafficking, she asked whether its adoption was expected, and how strong the text was in incorporating the gender dimension.

SILVIA PIMENTEL, Committee Chairperson and expert member from Brazil, asked whether women leaders fighting for women’s causes understood that a secular State would provide more opportunities for implementing the Convention.

Delegation’s Response

Ms. CLARKE said Costa Rica had a whole structure of networks, including alert systems for cases of sexual violence, as well as specialized police and prosecutors.  The domestic violence act provided for rapid responses and triggered protection measures, while the law criminalizing violence against women dealt with femicide and all violence against women classified as crimes.  Two of its articles had been declared unconstitutional, but had since been fully enacted into law.

On femicide, she said deaths and murders were broken down by year and a series of indicators had been introduced following the release of the report.  She also listed the number of harassment and violence cases referred to the Ombudsperson, saying they had decreased between 2009 and 2010 due to greater public awareness of the law.  In 2010, the Ministry of Security had dealt with more than 83,000 cases of intra-family violence.  A national department was responsible for handling cases of sexual violence, and complaints could be received over a telephone hotline.  On the subject of trafficking, she cited a plan that focused on prevention and justice for victims, noting that other institutions were also involved in fighting the menace.

She went on to point out that Costa Rica had been used for drug trafficking, a problem which must be addressed, especially along the border with Nicaragua.  The National Institute of Women had worked with non-governmental organizations to explore the idea of the State providing shelters for victims, a matter covered under the new migration law.

Another delegation member clarified that the law against domestic violence contemplated only protection measures; it was the 2007 law which made gender-based violence into a crime.  It was the first of its kind to have its own budget.  The judiciary had established mechanisms to supervise and follow up those laws, including an inter-institutional board that guaranteed their application.  The first qualitative study of the 2007 law had been carried out by the judiciary, she said, adding that its results were alarming: 17,000 complaints, 15,000 of which had been archived. “We had to take measures,” she said, underscoring the need to devise clear provisions for special follow-up and advice to victims.

As for trafficking in human beings, efforts were being made to improve criminal proceedings, she said, pointing to ongoing reform of the law on victims.  The prosecutor’s office included a special division dealing with sexual and gender-based crimes.

Regarding child pornography, she said national efforts were under way to improve criminal proceedings.

On other matters, she said the law on protection for victims and witnesses aimed to guarantee access to justice, including services from the National Institute of Women.

Ms. MORICE, referring to a bill on in-vitro fertilization that had gone to Parliament, said it was controversial and had led to a cultural change.  The Government had worked with the Ministry of Health and the Ombudsperson to discuss the topic in the media, while the Ministry of Health had acknowledged a “sweeping” change in sexual practices.

She said a 2009 survey on the sexual and reproductive health of men and women of all ages dealt with sexual diversity and sexual abuse, among other issues.  As for the question of same-sex marriage, “we need a change of mindset”, she said, adding that young people were more open to the practice.  Discrimination was still a problem and a national anti-homophobia day had been launched in response.

On the issue of contraception, she said 82 per cent of sexually active women had access to contraceptives, but there were issues of quality and availability.  Teenage pregnancy was another source of concern, she said, recalling that the rate in 1990 had been 100 births per 100,000 women, which had since dropped, though not as much as it could have done.

Finally, on the topic of migration, she said migrants had universal access to prenatal care and assistance during birth.  In 2010, 20 per cent of births in Costa Rica had been deliveries by foreign-born mothers, the majority of whom were Nicaraguans enjoying universal access to Costa Rica’s social security system.

Experts’ Questions and Comments

Ms. SCHULZ, expert from Switzerland, asked about the impact of article 75 of the Constitution on women in Costa Rica, calling for an evaluation in that respect.

Ms. PIMENTEL, Committee Chairperson and expert from Brazil, remarked that democracy was “not always as simple as you might think”, as illustrated by her own country’s referendum on same-sex marriage.

Delegation’s Response

Responding to those comments, a member of the delegation said of article 75 that the existence of the “confessional State” had not had a significant impact on the progress of women’s rights.  While much progress was being made in protecting women’s rights, comprehensive changes were needed to ensure further advances.

Ms. VILLANUEVA MONGE said there was a separation of powers in Costa Rica, where many people, from the grassroots to all levels of public institutions, were pursuing the best strategies for women’s rights.

Another delegation member said women in civil society had played a major role in the country’s decision not to hold a referendum on same-sex-marriage.

Experts’ Questions and Comments

Ms. NEUBAUER, expert from Slovenia, asked where the obligation of political parties to ensure gender parity had originated and how it was enforced.  She also wondered whether there were ways to integrate a gender perspective into political campaigning.

AYSE FERIDE ACAR, expert member from Turkey, noted that some issues from Costa Rica’s last review, in 2003, remained outstanding.  At that time, the Committee had issued recommendations on education, particularly the need to train judicial and legal officers on the protection of women’s rights, she recalled, asking whether faculties of law and other institutions of legal training taught the Convention.

Regarding the need to change cultural stereotypes, she said that a secular State was a “great advantage”, and while certain sessions of the National Institute of Women aimed to change stereotypes, their impact was unclear.  Requesting more data on that question, she also asked where Costa Rica’s policy perspective now stood with respect to the concept of “equity” vis-à-vis that of “equality”.

She also requested additional data on the segregation of women in certain higher education disciplines, as identified in the 2003 review, and asked for additional information on the national sex education programme, in particular, the Government’s political will to prioritize it.

BARBARA EVELYN BAILEY, expert member from Jamaica, questioned Costa Rica’s “unusual” education patterns, including high numbers in the rural areas that did not properly “tally up”.  What was being done to support the 30 per cent of girls who were not accounted for at the secondary education level, and what measures had the State contemplated to change the attitude of teachers and the way in which they replicated gender attitudes?

Mr. BRUUN, expert from Finland, asked whether the Convention’s article on the right to work had had any impact in Costa Rica.  The Committee had heard about some of its negative effects on employment since the country had signed the Central American Free Trade Agreement, he said, asking how the Government was dealing with the pact’s effects.

He went on to ask about the implementation of a law on sexual harassment in the workplace, which had been amended in 2010.  Had those changes had an impact?  On migrants and refugees, he asked the delegation to provide information on the effects of the new Immigration and Aliens Act and its impact on migrant women.

PRAMILA PATTEN, expert member from Mauritius, asked several questions relating to the extent of the protection provided by laws aimed at women in the workplace.  Did the Government intend to ratify the International Convention on the Rights of All Migrant Workers and Members of Their Families, or the more recent International Labour Organization (ILO) Convention on the rights of domestic workers?

As for the significant wage gap between men and women in the private sector, she asked how the Government, through the National Wage Council, was trying to narrow it.  She also asked how it was addressing the stereotypes that contributed to occupational segregation, and promoting the employment of women in high-level positions.

ZOHRA RASEKH, Committee Vice-Chairperson and expert member from Afghanistan, asked about measures aiming to bring the perpetrators of workplace sexual harassment to justice.  While more women were coming forward with accusations of harassment, perpetrators had not been receiving the kind of punishment required by law, she noted, asking what specific penalties were in place.  Were multiple offices available for women to report those crimes confidentially?  What protection measures enabled women to keep their jobs after reporting harassment?

Ms. PATTEN, expert from Mauritius, said women and girls could not adequately access abortions, noting that there were neither guidelines nor rules outlining when and how women could obtain a legal abortion.  What was the Government’s attitude on the parameters for obtaining legal abortions?

Regarding the 2003 recommendation that Costa Rica implement a comprehensive national sexual education programme, she said the evidence indicated that no such plan was in place yet.  There was a gap between sexual education and sexual planning, she said, asking how the Government intended to ensure the implementation of such a comprehensive programme.  Noting finally that emergency contraception was not available — including for rape victims — she wondered why the Government had not complied with World Health Organization (WHO) recommendations to make it so.

OLINDA BAREIRO-BOBADILLA, expert member from Paraguay, said teenage pregnancy and the lack of sexual education were problems affecting girls of African descent, in one region in particular.  Also, neither the National Institute of Women nor the National Council for Rehabilitation had a database on employment, health and other key indicators for women with disabilities.  As for the sexual and reproductive health programme, what was the anticipated time frame and methodology for implementing it? she asked.

RUTH HALPERIN-KADDARI, expert member from Israel, said she had seen no follow-up on Costa Rica’s part to several important issues raised in the past, including the need for additional data on the availability of microcredit loans for women.

Ms. ZOU, expert from China, said the report did not provide much current information on women in rural areas, and called for more data on that demographic, in particular their participation in public life.  What measures were being carried out to promote their involvement in rural projects? she asked, noting that report was not clear about measures to alleviate rural poverty.

VICTORIA POPESCU, Committee Vice-Chairperson and expert member from Romania, said she recognized areas in which the Government had made efforts to protect the rights of vulnerable groups of women, in particular indigenous ones and those with disabilities, but there was no evidence of a significant focus on ensuring a gender perspective with regard to vulnerable groups.  There was no real concern for the situation of female indigenous people, even if their situation was worse than that of their male counterparts, she said, requesting additional information about measures to support vulnerable women, especially those in indigenous territories and those living in remote areas.  In that regard, she also asked whether temporary special measures had been taken in support of vulnerable women.  Was any specialized body acting in that capacity?  Finally, she said there had been no response to a previous query requesting information on the prevention of discrimination against lesbians.

Ms. JAHAN, expert from Bangladesh, asked what percentage of the national budget was spent on rural development, and how much of it was directed towards creating opportunities for women.  She also sought clarification on the distinction between the terms “equity” and “equality” in respect of the policy on rural women.  Finally, she asked whether measures were in place to ensure that traditional practices and religious beliefs in rural areas did not overrun statutory laws.

Ms. AWORI, expert from Kenya, asking about “marriages of convenience”, in which Costa Rican women or girls married foreigners for financial benefit, sought information on measures to prevent them.  She noted that property laws still favoured men, and requested information on amendments that had been introduced to rectify that problem.

Ms. HALPERIN-KADDARI, expert from Israel, wondered what specifically was meant by the report’s references to “child support”.  What measures had been taken to help women protect their own and their children’s rights from recalcitrant fathers?  Was legal aid available to those women? she asked, seeking information on the property-distribution regime following the dissolution of a marriage.  Did that regime recognize future income or earning potential?

Delegation’s Response

Ms. CLARKE said respect for human rights and equality for women were not necessarily sequential.  Real equality for women required differentiated treatment and actions.  The Constitutional Court had said that the principle of equality was not absolute as it did not guarantee the right to be equal to any other individual.  Equal treatment could not be achieved in unequal conditions.  The Constitutional Court had accepted that achieving equality required affirmative action in the form of quotas, for example.

Answering a question on sexual harassment, she said companies had three months to ensure that they had specialized staff in place to deal with such behaviour.

Ms. MORICE, answering a question on sex education, said more highly educated groups had greater respect for sexual and reproductive rights.  It was important to remember that sex education was not just a responsibility of students; teachers were surveyed about changes in attitude, under the auspices of the Association of Secondary School Teachers.  Another key aspect requiring work was the content of sex education, which had been a focus over the last three or four years.  The focus on content had been geared towards preventing sexually transmitted diseases, but the Ministry of Health was supporting content that related more to rights.

Also, thematic pillars were being developed in a programme that would be offered at both the primary and university levels, she explained, noting that more than 90 per cent of the population surveyed believed, regardless of age or gender, that sex education content was important and should begin from age 10, she said, calling for a response to that issue, independent of questions of faith.

In other areas, she said real data showed no difference in access to education based on gender, but drop-out rates were higher for men.  Additionally, pregnant women were increasingly part of the education system, she said, noting that between 2009 and 2010, the pregnancy rate had fallen from 500 to 428 among minors under the age of 15.  Also during that time, a significant drop had been seen in the total number of births, from 75,000 to 60,000 per year.

Ms. VILLANUEVA MONGE responded to a query on alimony, by pointing out that that area of the budget had not been cut back.  About 10 years ago, Costa Rica had started introducing changes to the alimony programme, outlining what the law could require of minors, married people and partners.  The courts had been united in their positions on civil, labour and other issues, which had prevented a specialized judge from presiding over the alimony issue and, as a result, the topic had lost some importance.

A delegate responded by pointing out that the Government had introduced specialization in the court system, and alimony could now be paid through direct bank deposits.  The courts were working in the way envisioned regarding alimony, but with 39,000 new cases so far this year, a backlog was possible.  The system must be modernized through a programme responsible for two five-year plans, one of which looked at alimony as a priority issue for the court. A model family-court trial system had been set up in one area, featuring oral hearings, no paper and a reduced length for hearings.  The new budget indicated that the model would be replicated in other areas of the country.

On the question of joint assets, she said both sides could freely access and dispose of assets as they saw fit, but problems were usually resolved through the courts and case law.

Other issues related to the training of judges and the transmission of information and knowledge through universities, she said.  There were serious problems in terms of recruiting judges who were adequately prepared.  Exams covered issues relating to equal rights, international standards and norms, and gender equality.

Ms. CLARKE, turning to a question about poor women, said a table in the report outlined Costa Rica’s anti-poverty policies, adding that for 20 years, “we’ve not had what we’ve needed”.  A law covering domestic labour provided legal protection for domestic employees and guaranteed their maternity leave and other rights.  On the importance of strengthening institutions, she said one of the new administration’s first steps had been to divide the Government structure into four levels.

Experts’ Questions and Comments

Mr. BRUUN, expert from Finland, reiterated his questions about the employment sector.

Ms. AMELINE, expert from France, asked about access to justice, saying that while the separation of powers had been discussed, she wondered whether a ministerial directive could be envisioned whereby the executive provided the framework doctrine to be applied by the courts.  There must be some indication by the Government of the need for all courts to be particularly severe in some cases, she said, wondering about the possibility of the Constitution giving associations the right to be a civil party in the courts.

Ms. AROCHA DOMINGUEZ, expert from Cuba, said on the issue of therapeutic abortions that no conscientious objections should be heard from doctors.  Abortion was legal in some countries, but State clinics did not wish to perform them, while doctors claimed to be conscientious objectors.  She also called attention to the special needs of transgender women, who often had different needs from those of lesbians and health problems that were detected only when it was too late.  On a final point, she said the report was not properly structured and the written responses did not correspond to the order of the questions asked.

Delegation’s Response

Ms. MORICE said the Ministry of Health must draw up the abortion protocol using existing policies as a basis.  Hopefully, it would be concluded by year’s end.  As for transgender women, a strategy that respected sexual diversity had been developed, she said, adding that their rights must also be respected in the national HIV/AIDS plan, especially in the financial aspects.  She recalled that an important law passed in 1973 had not taken sexual and reproductive rights into account, and a new chapter was being added to make up for that gap.

Ms. VILLANUEVA MONGE said there was no problem with an association participating in a civil suit.  Associations also could accompany the complainant in any case.

Ms. CLARKE, rounding out the delegation’s response, said the effects of the Central American Free Trade Agreement had been positive for employment.  Unemployment had not increased after its introduction and, in fact, there were more jobs for women in the financial, services and industrial sectors.  Many women worked in the fields of micro-electronics and medical instruments, to name a few, and some 20,000 were employed in the textile industry.

She concluded by saying she understood the Committee’s concerns about the time taken to present the combined report.  “This is a challenge for us,” she said, pledging to improve.  The draft of the next report was almost complete and would comply with the Committee’s criteria, she said, promising “more hard facts” the next time Costa Rica appeared before it.

Committee Chairperson PIMENTEL thanked the delegation for its presentation, saying: “You have what it takes and we know that the Convention will make headway.”  The Committee’s general recommendations would help in those efforts, she said, adding that the Costa Rican Mission would soon receive the Committee’s conclusions.

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For information media • not an official record