Experts of the Committee on the Elimination of Discrimination against Women Commend Costa Rica on Legislative Progress; Ask About Violence Against Women and Digital Education for Girls

21 Febrero 2023 Meeting Summaries

The Committee on the Elimination of Discrimination against Women today concluded its consideration of the eighth periodic report of Costa Rica, commending the State on legislative progress made, while asking questions about how violence against women was being combatted, and how the State was encouraging girls education in the digital and technology spheres?

Leticia Bonifaz Alfonzo, Committee Expert and Country Rapporteur for Costa Rica, said the judiciary had made progress in the number of rulings referring to the Convention. The legislative progress made by the State was great; there were 40 new laws referring to the human rights of women, across a range of different sectors.

A Committee Expert asked about the status of the national policy of preventing and addressing violence against women? Were there any achievements on this subject? Had a specialized centre for domestic violence been established? How were the shelters for women victims of violence working? Was the State planning to broaden the shelter network? 367 women received support for cases of rape between 2021 and 2022. Was there information on the punishment received by the aggressors?

The delegation said the national policy on violence against women had completed its first five years, and the next policy was being developed. There were 77 networks for the prevention of violence against women. The National Women’s Institute provided care services, and had five care units, including shelters and a specialized, inter-disciplinary care centre. A free of charge, nation-wide hotline was in place to assist women and provide them with immediate care. There were three shelters in the country for women victims of violence. The capacity to host more people at these shelters had increased. Several campaigns were in place to inform women about the free hotline.

The delegation said the pandemic revealed the importance and challenges of the technological sphere. Following the pandemic, discussions started to be had around gender equality in the digital space. A programme had been established which provided free access for the public to information and communication technologies, and fostered access to this technology for women. There was a challenge for women to enter into Science Technology Engineering and Mathematics careers, and a science and technology policy was being developed to reach girls in early childhood. More community centres were being established to allow for free access to technology for those in rural communities, which would ensure increased access to technology for vulnerable women.

Introducing the report, Adilia Caravaca Zúñiga, Executive President of the National Institute for Women and Head of the Delegation, said the social crisis resulting from the Covid-19 pandemic had exacerbated pre-existing gender inequalities in Costa Rica. The number of complaints of physical violence from January to March 2020 was 14,513, representing an increase of 13.9 per cent over the same period the previous year. In 2019 there were 17 femicides, which increased to 28 femicides in 2020. During the period covered by the report, the main advances in equality occurred in the approval of legislation and regulations. More than 40 human rights laws were passed on topics such as human trafficking, street sexual harassment, violence against women and employment. One of Costa Rica’s most important achievements was the decrease in the percentage of teenage pregnancy. In 2021, births to adolescents aged 15 to 19 accounted for 8.9 per cent of all births in Costa Rica; this figure was more than double in 2000 at around 20.5 per cent.

Ms. Caravaca Zúñiga said it was only through the guarantee of the rights of all women, that a democratic, egalitarian and supportive society could be built.

In concluding remarks, Adilia Caravaca Zúñiga, Executive President of the National Institute for Women and Head of the Delegation, thanked the Committee for all their questions, which had provided a lot of food for thought. Costa Rica had made significant progress in normative frameworks and public policies, which was important. The State would pay great attention to the Committee’s recommendations.

Ana Peláez Narváez, Chair of the Committee, thanked the delegation for the constructive dialogue with the Committee which provided further insight into the situation of women and girls in Costa Rica. The Committee commended the State party and encouraged it to make all efforts to implement the Committee’s recommendations.

The delegation of Costa Rica consisted of representatives from the National Institute for Women; the Ministry of Foreign Affairs and Worship; the Ministry of National Planning and Economic Policy; the Legislative Assembly; the Costa Rican Social Security Fund; the Gender Secretariat of the Judiciary; and the Permanent Representative of Costa Rica to the United Nations Office at Geneva.

The Committee on the Elimination of Discrimination against Women’s eighty-fourth session is being held from 6 to 24 February. All the documents relating to the Committee’s work, including reports submitted by States parties, can be found on the session’s webpage. Meeting summary releases can be found here. The webcast of the Committee’s public meetings can be accessed via the UN Web TV webpage.

The Committee will next meet in public at 3 pm, Wednesday, February 22, to hold a half day of general discussion on the equal and inclusive representation of women in decision-making systems.

Report

The Committee has before it the eighth periodic report of Costa Rica (CEDAW/C/CRI/8).

Presentation of Report

ADILIA CARAVACA ZÚÑIGA, Executive President of the National Institute for Women and Head of the Delegation, said the social crisis resulting from the Covid-19 pandemic had exacerbated pre-existing gender inequalities in Costa Rica. Social distancing measures represented an additional risk for many women and girls, hindering them from fleeing situations of violence, and limiting access to essential services or protective spaces such as work, education, and community centers. The number of complaints of physical violence from January to March 2020 was 14,513, representing an increase of 13.9 per cent over the same period the previous year. In 2019 there were 17 femicides, which increased to 28 femicides in 2020.

During the period covered by the report, the main advances in equality occurred in the approval of legislation and regulations. More than 40 human rights laws were passed on topics such as human trafficking, street sexual harassment, violence against women and employment. National policies, such as the Policy for Equality and Equity between Women and Men, combined the actions of multiple institutions that inscribed commitments, to strengthen the State’s efforts to mainstream the gender perspective in all its work. The country was faced with the difficult task of eradicating political violence, and had adopted the Law to Prevent, Address, Punish and Eradicate Violence against Women in Politics. The State was committed to ensuring that women could exercise their power in all spaces equally with men, free from all forms of discrimination and violence.

The net employment rate of women had increased after the crises of 2020-2021, reaching 48.2 per cent, only 2 per cent below the pre-pandemic rate of 2019. However, the net employment rate for women remained lower than for men, and unemployment rates were higher. Women with disabilities, migrant women, and rural women with low schooling experienced greater inequalities. The State created legislation that improved the conditions of women in employment and optimized the mechanisms for monitoring compliance, particularly for domestic workers. In 2021, more than 2.5 million dollars were invested in the agricultural sector, to support income-generating socio-productive activities for women and their families. Another important milestone was the approval of paternity leave in 2022, to combat employment discrimination against women. An effort was also being made to incorporate women into the care economy through the certification of their knowledge as caregivers by the National Learning Institute.

The adoption of the Technical Standard for therapeutic abortion established in the Criminal Code, raised awareness, and resulted in training processes for its correct application, for personnel working in health services. One of Costa Rica’s most important achievements was the decrease in the percentage of teenage pregnancy. In 2021, births to adolescents aged 15 to 19 accounted for 8.9 per cent of all births in Costa Rica; this figure was more than double in 2000 at around 20.5 per cent. This decrease was the result of the programmes for the protection of girls and adolescents, which included free sexual and reproductive health counselling, access to modern contraceptives, including emergency contraceptive, and sexuality and educational programmes, among other factors.

During the reporting period, the definition of femicide, was expanded, to be understood as a manifestation of gender violence, thus allowing more appropriate sanctions for the perpetrators of these crimes. Addressing gender stereotypes which was an underlying cause of this violence, remained an issue. Another important achievement was the institutional sustainability of the mechanism for the advancement of women, which reached its 25^th anniversary in 2023. The National Institute for Women was an autonomous and independent entity which placed the main concerns of women on the national agenda. Ms. Caravaca Zúñiga said it was only through the guarantee of the rights of all women, that a democratic, egalitarian and supportive society could be built.

Questions by Committee Experts

LETICIA BONIFAZ ALFONZO, Committee Expert and Country Rapporteur for Costa Rica, said Costa Rica had a privileged situation in Latin America due to its geographical position and political stability, which had allowed it to move forward in various public policies. The State was a Latin American capital on human rights. However, it was also a country with significant inequalities, particularly between the city and coastal areas. The judiciary had made progress in the number of rulings referring to the Convention. The legislative progress made was great; there were 40 new laws referring to the human rights of women, across a range of different sectors. How did the legal counselling services operate for women without a lot of resources? Was support given to women with disabilities in accessing justice? Were there any difficulties in reporting domestic violence? Could levels of impunity be outlined?

Responses by Committee Experts

The delegation said vulnerable women faced difficulties when it came to accessing justice. 39 per cent of those who came to trial for violence against women were acquitted. Several training sessions on gender perspectives and the eradication of stereotypes were being developed. One of the strategies focusing on access to justice was the gender root strategy, which was being developed to increase legal access for women who faced situations of violence. The State planned to hire more psychologists and lawyers in regional officers to increase services. The law on improper relations applied to sexual relations, and was in place to regulate relationships when the person involved was a minor. The State had not thought about reforming this.

Questions by Committee Experts

LETICIA BONIFAZ ALFONZO, Committee Expert and Country Rapporteur for Costa Rica, asked why there had not been an appointment of the Ombudsman?

Responses by Committee Experts

The delegation said they could not precisely outline the legislative situation as it was very complex.

Questions by Committee Experts

A Committee Expert commended the appointment of a Minister for the Coordination of the Status of Women, which was an opportunity for decisive gender mainstreaming across all ministries. What was the substance of the equalities policy? What was the allocation of the budget compared to other ministries? What were the ministries plans to strengthen institutional services for women in general, and for greater dissemination of information, particularly in rural areas? What steps was the State party taking to address the issue of disaggregated data in women’s human rights? Would the State party consider taking a comprehensive approach to temporary special measures?

Responses by Committee Experts

The delegation said the Ministry for the Coordination of the Status of Women was a coordination mechanism; there was no independent team or budget. It had been successful in connecting the different activities being carried out by institutions responding to the Convention’s requirements. The mechanism had several ministers working within in it, and allowed for close contact between hierarchies of various ministries. Through this, it could be confirmed what actions were being carried out and what commitments were being made across all ministries. This was a significant tool for raising necessary actions at that high level. Action plans were now being rolled out, due to the technical knowledge which had been received. A pilot project had been carried out which promoted public and private partnerships with a gender focus. All the organisations involved were reviewing their pay gaps, and putting measures in place to address these issues. Meetings were being held in the regions, bringing in local institutions, which had been very significant.

Questions by Committee Experts

A Committee Expert asked about the policies which would guide the Minister for the Coordination of the Status of Women. What was the Minister doing to advance the rights of women under her own initiative and strategy? Was there an action plan? How was gender mainstreaming carried out and how successful was it?

A Committee Expert asked about the outcomes of campaigns and trainings aimed at combatting stereotypes. How was the impact measured, for example in pre and post gender bias? Were any lessons learnt on ways to fight gender stereotypes? Were campaigns which encouraged fathers to take a more active role in caring for children successful? There had been concerning reports regarding deeply embedded stereotypes which had translated to harmful practice against women of African descent, among other groups. How did the State party plan to fight these stereotypes over the next five years?

Another Expert said there was a high level of impunity in the legal system. There had been decreases in the amounts of maintenance payments being made, which had left families unprotected. Had anything been done about that?

Responses by Committee Experts

The delegation said the Women’s Ministry was without a portfolio and therefore could be present in cabinet meetings. The person carrying out the role of Minister for the Coordination of the Status of Women brought together the whole gender policy and all action plans. Regarding studies and investigations being carried out in the country, these were conducted by the State, as well as academia. An important study included the gaps in the financial system, which were carried out annually, and guidelines were established based on those gaps, to ensure women had equal access to resources. Prior to the adoption of the law on improper relations, a survey showed there was a rejection of improper relations within society, which had an important weight on the law.

Training work had been done on the issue of stereotypes, however a lot of work remained in that area. Significant initiatives had been undertaken by men in the public sector, working towards non-violence masculinity. A network had been set up to work on those issues. There were no studies on the impact of paternal leave and on stereotypes campaigns. One way of combatting stereotypes in practice was the greater participation of women in politics.

Questions by Committee Experts

Responses by Committee Experts

Questions by Committee Experts

A Committee Expert asked about punishments against aggressors? Were there education programmes which would enlighten the male aggressor about the consequences of violence against women?

A Committee asked if there was a process to adopt the recommendations made by the Special Rapporteur on Contemporary Forms of Slavery, to Costa Rica? Was there a monitoring system in place for the National Action Plan on Trafficking? Had the situation of trafficking improved? If not, what was being done to improve the situation? Underage girls formed a huge percentage of victims, and child sex tourism was a huge problem? Were there special programmes targeted at underage girls, and if so, what were they? Had the State party considered establishing a national action plan of policies, to reduce the risk of labour exploitation of women and girls? What measures had the State party taken to ensure women leaving prostitution had access to education and alternative livelihoods?

Responses by the Delegation

Regarding the visit by the Special Rapporteur on Contemporary Forms of Slavery, the official report would be submitted this year, and the State would have one month to respond and raise any issues. This would then be referred to institutional mechanisms for implementation and follow-up. Costa Rica had developed a set of programmes and strategies when it came to facilitating access to justice for women. Psychologists worked in the judiciary across the country and the judiciary ensured that migrant women were able to receive interpretation in their own language in the courts. The Care Protocol had reached out to women in coastal areas, with 18 rapid response teams in place to respond to those who had experienced rape. There were also specialized prosecutors in the field of gender violence.

The National Plan Against Trafficking provided advice to the institutions which focused on this issue. During the pandemic, the phenomenon of human trafficking was less visible. Those who specialized in trafficking took part in information sessions, so they could identify and refer cases to the judiciary. A care model was in place which included technical aspects to provide support to minors. The Women’s Institute had shelters which provided accommodation for women in critical situations. Costa Rica did not have a specialized institution which provided training to victims of prostitution, but these women did have access to health centres and training programmes which would enable them to change professions. These courses were provided free of charge, and grants and scholarships were also provided.

Questions by Committee Experts

An Expert asked for more information about identifying trafficking victims and perpetrators? Were there any preventative programmes targeted at underage girls?

A Committee Expert applauded Costa Rica for its role in advancing women in parliament, achieving almost 50 percent in women’s representation. Without women, the tech renaissance occurring Costa Rica could impact women negatively. Were women involved in the development of new technologies? What were the gender accelerators in technology and biotech? When did Costa Rica plan to launch a national action plan on Women, Peace and Security? What policies were in place to address sexual harassment against women in public life? What incentives were put in place to accelerate women in leadership?

LETICIA BONIFAZ ALFONZO, Committee Expert and Country Rapporteur for Costa Rica, asked how Costa Rica was enabling women and migrants to obtain Costa Rican nationality?

Responses by the Delegation

The delegation said the preventative work on girls was primarily undertaken by the National Body on Children, which had offices across the country. The identification process of victims depended on the training and awareness raising of authorities. Almost 50 percent of parliamentarians were women. It had been difficult to achieve parity in local municipalities. A controversial decision had been taken by the Supreme Court, which compelled the political parties at the upcoming election to have parity. Political parties were encouraged to seek out female candidates and leaders and provide them with genuine opportunities to be elected.

Costa Rica was working on incorporating a gender perspective in different spheres, to improve women’s presence in decision making areas, on women, peace and security. There was gender parity across all levels of Costa Rica’s foreign service. Work was being done with boys, male teenagers, and men to change their gender awareness and focus on positive masculinity. It was important to work with men to create awareness around gender equality.

Questions by Committee Experts

A Committee Expert asked about the budget to tackle the specific matter of trafficking in children?

A Committee Expert commended Costa Rica’s high literacy rate of 98 per cent. However, sources stated that women from vulnerable groups continued to face discrimination in accessing education. What legislative and administrative measures was the government taking to support women and girls, particularly those from vulnerable groups, to access quality, basic, secondary and tertiary education, free from discrimination? Girls and women needed to develop digital fluency. What proactive steps was the government taking to increase equal access to digital education? How was the State encouraging girls’ involvement in Science Technology Engineering and Mathematics subjects? Did the government provide training to teachers to allow them to keep up with real world technological developments? What steps had the Government taken to ensure that the current sexual education curriculum was updated? How was it ensured girls and women received updated, age-appropriate sexuality education?

A Committee Expert asked what measures would be adopted to encourage more women’s participation in the labour market and employment? What measures did Costa Rica take to encourage men and women to share family responsibilities? Had the State party assessed the law on equal pay?

Responses by the Delegation

A law had been enacted to strengthen care services and make the entire system more accessible. Sex education programmes were incorporated into the mainstream curriculum, and had brought about changes, including reducing teenage pregnancy. A platform had been established to promote employment, which was headed up by women. Costa Rica had established an alliance with the International Labour Organisation, to define methodology which would measure the pay gap, and allow companies to prevent a pay gap.

Questions by Committee Experts

A Committee Expert asked about measures taken to improve health care services for women? What were actions being taken, regarding the right of the women of Costa Rica to legal and safe abortion? Would it be legalised as a health care service, at least in cases of rape? Many cases of illegal abortions took place in dangerous situations. Were there any awareness raising or training programmes in place to counteract negative stereotypes relating to abortion? What progress had been made in guaranteeing access to modern contraception for teenagers? Would reconversion therapies be prohibited?

Responses by the Delegation

The delegation said in line with the Costa Rican constitution, the State could not move away from therapeutic abortion, and there were no legislative proposals. In 2022, a training session was held for medical staff for the therapeutic abortion of pregnancy. There had been an impact on maternal mortality due to Covid-19, and measures had been adopted to address this situation. The standard for the care of childbirth and post-partum was in place, and there were updated processes which had been provided to improve obstetric care. A roadmap had been drawn up which allowed for the sexual and reproductive rights of all women to be guaranteed. Women were respected in their decision to have access to contraception and sterilization. Work had been done regarding distributing contraception. A draft law was in place on reconversion therapy.

Questions by Committee Experts

A Committee Expert noted there were many campaigns and studies being undertaken. What were the concrete remedies? Where were the legal measures?

Another Expert asked if the mental health of the women and girls undergoing an abortion was being impacted?

Responses by the Delegation

The delegation said Labour inspectors used a gendered approach. In recent years, measures had been taken to ensure independent workers had insurance.

Questions by Committee Experts

A Committee Expert said rural women had limited access to land in Costa Rica. What had been the impact of the policies to combat women’s inequalities in accessing agricultural services? To what extent were the human rights mechanisms accessible to rural or vulnerable women? Were outreach programmes taking place? Indigenous women remained victims of structural racism. Were there plans to give constitutional recognition of indigenous women to their ancestral lands? What were the plans to expand the economic and employment opportunities of women in coastal areas? How did the State party plan to improve working conditions for migrant women, and combat xenophobia and violence?

Responses by the Delegation

The delegation said a lot of effort had been made to ensure women owned land.

In recent months the Government had been working to ensure that access to credit went hand in hand with access with infrastructure, allowing for income for rural women. Significant efforts were being made to ensure different professionals could reach those living on indigenous lands. An institutional framework was in place which was disseminating services to remote communities. Costa Rica had a multi-ethnic, diverse population, and expressions of hatred were criminalized. Adoption of the International Labour Organisation Convention on sexual harassment was pending.

Questions by Committee Experts

A Committee Expert asked about the mechanisms in place to support migrant caravans as they passed through Costa Rica?

The Expert said Costa Rica was a global leader in climate risk. What mechanisms were in place to respond to the violent assaults on the land rights of indigenous women? What was the status of action plans, which sought to promote the reduction of gender gaps in the biodiversity sector? How could it be ensured that woman conservators could also access environmental credits?

The Expert congratulated the State party on their amendment to the Shared Family Code, and the new paternity leave provisions, among other pieces of legislation. What actions were being taken to ensure births to adolescents and girls were fully reported, with the father’s details? What actions had the State taken to prohibit and eliminate de-facto unions between adults and children?

Responses by the Delegation

The delegation said there had been a strong prevention campaign around girls having babies to older men. Discussions were held in communities, speaking with girls who had been impacted, and work was done with civil servants to detect these situations and prevent them. More work would be done around improper relations.

Closing Statements

ADILIA CARAVACA ZÚÑIGA, Executive President of the National Institute for Women and Head of the Delegation, thanked the Committee for all their questions, which had provided a lot of food for thought. Costa Rica had made significant progress in normative frameworks and public policies which was important. The State would pay great attention to the Committee’s recommendations.

ANA PELÁEZ NARVÁEZ, Chair of the Committee, thanked the delegation for the constructive dialogue with the Committee which provided further insight into the situation of women and girls in Costa Rica. The Committee commended the State party and encouraged it to make all efforts to implement the Committee’s recommendations.

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Experts of the Committee on the Elimination of Discrimination against Women Commend Costa Rica on Legislative Progress; Ask About Violence Against Women and Digital Education for Girls

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