Distr.

GENERAL

CRC/C/15/Add.117
24 February 2000

Original: ENGLISH

Concluding Observations of the
Committee on the Rights of the Child : Costa
Rica. 24/02/2000.

CRC/C/15/Add.117.
(Concluding
Observations/Comments)

Convention Abbreviation: CRC

COMMITTEE ON THE RIGHTS OF THE CHILD
Twenty-third session

CONSIDERATION OF REPORTS SUBMITTED BY STATES
PARTIES
UNDER ARTICLE 44 OF THE CONVENTION

Concluding observations of the Committee on the
Rights of the Child: Costa Rica

1. The Committee considered the second periodic report of Costa Rica
(CRC/C/65/Add.7) at its 595th and 596th meetings (see CRC/C/SR. 595-596), held
on 14 January 2000, and adopted At the 615th meeting, held on 28 January 2000,
the following concluding observations.

A. Introduction

2. The Committee welcomes the submission on 20 January 1998 of the State
party's second periodic report. However, it notes that the State party's
report did not follow the guidelines for periodic reports established by the
Committee, with the result that it did not sufficiently cover important areas
of the Convention, such as general principles, civil rights and freedoms, and
family environment and alternative care. The Committee takes note of the
written replies to its list of issues (CRC/C/Q/COS.2), while regretting their
late submission. The Committee is encouraged by the constructive, open and
frank dialogue it had with the State party's delegation and welcomes the
positive reactions to the suggestions and recommendations made during the
discussion. The Committee acknowledges that the presence of a delegation
directly involved in the implementation of the Convention allowed for a fuller
assessment of the situation of the rights of children in the State party.

B. Follow-up measures undertaken and progress achieved by the State
party

3. The Committee welcomes the State party's accession to the 1993 Hague
Convention on Protection of Children and Cooperation in Respect of
Inter-Country Adoption, to the 1980 Hague Convention on the Civil Aspects of
International Child Abduction and to the 1994 Inter-American Convention
against the International Traffic in Minors.

4. The Committee welcomes the signing of a memorandum of understanding
(1996) between the State party and the International Labour Organization
(ILO)/International Programme for the Eradication of Child Labour (IPEC), for
implementing a programme for the eradication of child labour.

5. In the light of its recommendations (see CRC/C/15/Add.11, paras. 11 and
15), the Committee welcomes the enactment of the Children and Adolescents Code
(1998) and the participation of non-governmental organizations in the drafting
of the Code. The Committee also welcomes the enactment of additional
legislation on children's rights-related issues, such as the Law for Equal
Opportunities for the Disabled (1996), the Law on Juvenile Justice (1996), the
Maintenance Payment Act (1996) and the Law for the Protection of Adolescent
Mothers (1997).

6. The establishment of a Children and Adolescents section, under the
Office of the Ombudsman (Defensor del Pueblo), is considered as a
positive measure, in accordance with the Committee's recommendation
(CRC/C/15/Add.11, paras. 7 and 11). In this regard, the Committee also
welcomes the fact that the Office of the Ombudsman has established a Permanent
Forum for the Evaluation of the Implementation of the Children and Adolescent
Code, which functions with the participation of civil society.

7. With regard to its recommendation (see CRC/C/15/Add.11, paras. 7 and 11)
concerning the need to strengthen the State party's coordination and
monitoring mechanisms for the implementation of the Convention, the Committee
welcomes the creation of the National System for the Integral Protection of
Children, and the National Council on Children and Adolescents, and the
enactment of the Organic Law on the National Children's Trust (Patronato
Nacional de la Infancia-PANI) (1996).

8. The establishment of the Ministry of Women's Affairs and the enactment
of the Law against Domestic Violence (1996) and the Law on the Equality of
Women are regarded as important contributions to the prevention and treatment
of violence against children in general and as significant support to the
improvement of the situation of girls in particular, in line with the
Committee's recommendation (see CRC/C/15/Add.9 and 16).

C. Factors and difficulties impeding further progress
in the implementation of the Convention

9. The Committee notes that poverty and socio-economic and regional
disparities within the State party are still affecting the most vulnerable
groups, including children, and hamper the enjoyment of the rights of the
child.

D. Principal subjects of concern and Committee
recommendations

D.1. General measures of implementation

Legislation and institutional reform

10. Although the Committee welcomes the enactment of the Children and
Adolescents Code (1998) and other related legislation, which are in line with
the Committee's recommendation (see CRC/C/15/Add.11, para. 11), it remains
concerned about the insufficient allocation of resources, both human and
financial, to support the process of institutional reform necessary to
guarantee the full implementation of this legislation. The Committee
recommends that the State party continue taking effective measures to carry
out the necessary institutional reform to guarantee the full implementation of
the Children and Adolescents Code and other legislation related to the rights
of the child. In this regard, the Committee encourages the establishment of
the Children and Adolescents Protection Boards (Juntas de Protección
a la Niñez y Adolescencia) as decentralized institutions to
guarantee the implementation of the Code. Furthermore, the Committee
recommends that the State party take all necessary steps, including
international cooperation, to provide PANI and the Protection Boards with
adequate financial and human resources to enable them to carry out their
mandate in an effective manner.

Coordination and monitoring

11. While noting the measures taken by the State party to establish
adequate coordination between various entities dealing with issues relating to
children, both at the national and local levels, the Committee is still
concerned about the inadequate levels of representation of all actors and
sectors in these coordination mechanisms. The Committee recommends that the
State party take effective measures to guarantee broader representation of all
actors involved in the implementation of the Convention in the existing
coordinating and monitoring mechanisms (e.g., Council on Children and
Adolescents, Children and Adolescents Protection Boards), including at the
municipal level, in order to strengthen their role.

Data collection system

12. With regard to the implementation of the Committee's recommendation
(CRC/C/15/Add.11, para.12) concerning the need to develop a data collection
system on children's rights, and taking into consideration the measures taken
by the State party in this area, the Committee remains concerned about the
lack of national disaggregated data on all the areas covered by the
Convention. The Committee recommends that the State party continue
reviewing and updating its data collection system, with a view to including
all areas covered by the Convention. Such a system should include all children
under 18 years of age and specifically emphasize vulnerable groups of children
as a basis for assessing progress achieved in the realization of children's
rights and for helping design policies for better implementation of the
provisions of the Convention. In this regard, the Committee encourages the
State party to seek technical assistance from, inter
alia, UNICEF.

Training for professionals

13. While noting with appreciation the information on the conduct of
training programmes for professionals working with and for children, the
Committee is of the opinion that such measures need to be reinforced. The
Committee recommends that the State party continue with its efforts to
undertake systematic education and training programmes on the provisions of
the Convention for all professional groups working for and with children, such
as judges, lawyers, law enforcement officials, civil servants, personnel
working in institutions and places of detention for children, teachers, health
personnel, including psychologists, and social workers. Technical assistance
from, inter alia, the Office of the High
Commissioner for Human Rights and UNICEF could be sought in this regard.

Allocation of budgetary resources

14. Although the Committee welcomes the adoption of National Plans of
Action for Children and Adolescents and of the National Plan for Human
Development, it remains concerned at the cuts in social expenditure in the
national budget, as a result of the recent economic reforms, and at their
negative impact on health, education and other traditional welfare areas for
children. In the light of articles 2, 3 and 4 of the Convention, the
Committee reiterates its recommendation (see CRC/C/15/Add.11, para. 13) and
further recommends that the State party take effective measures to allocate
the maximum extent of available resources for social services and programmes
for children, and that particular attention be paid to the protection of
children belonging to vulnerable and marginalized groups.

D.2 General principles

The right to non-discrimination (art. 2)

15. With regard to the implementation of article 2 of the Convention, the
Committee expresses its concern at the manifestations of xenophobia and racial
discrimination against immigrants, particularly children belonging to
Nicaraguan families residing illegally in the State party's territory; at the
marginalization of children belonging to indigenous populations and to the
Black Costa Rican ethnic minority; and at the regional disparities, in
particular between the developed Central Valley and the less developed coastal
regions and border areas. The Committee recommends that the State party
increase measures to reduce socio-economic and regional disparities; and to
prevent discrimination against the most disadvantaged groups of children, such
as the girl child, children with disabilities, children belonging to
indigenous and ethnic groups, children living in and/or working on the streets
and children living in rural areas. Furthermore, the Committee also recommends
that the State party undertake educational campaigns to raise awareness in
order to prevent and combat discrimination on the grounds of gender, ethnic
and/or national origin. In this regard, the Committee endorses the
recommendations made by the Human Rights Committee (CCPR/C/79/Add.107) and the
Committee for the Elimination of Racial Discrimination
(CERD/C/304/Add.71).

D.2 Civil rights and freedoms

16. The Committee notes with appreciation that the State party's domestic
legislation has integrated provisions guaranteeing the participatory rights of
children. However, it remains concerned that, in practice, these rights are
not sufficiently implemented at the various levels of Costa Rican society.
In the light of articles 12 to 17 and other related articles of the
Convention, the Committee recommends that further efforts be made to ensure
the implementation of the participatory rights of children, especially their
rights to participate in the family, at school, within other institutions and
in society in general. Awareness raising among the public at large, as well as
educational programmes on the implementation of these principles, should be
reinforced in order to change traditional perceptions of children as objects
and not as subjects of rights.

17. The Committee expresses its concern about the inadequate
enforcement of the prohibition on the use of corporal punishment in schools
and other institutions and in the penal system. In addition, the Committee
expresses its concern that the practice of physical punishment of children in
the home is not expressly prohibited by law and remains regarded as socially
acceptable. The Committee recommends that the State party prohibit the use
of corporal punishment in the home and take effective measures to enforce the
legal prohibition of corporal punishment in schools and other institutions and
in the penal system. The Committee further recommends that the State party
undertake educational campaigns for the development of alternative
disciplinary measures for children at home, in schools and other
institutions.

18. Although the Committee is aware that the State party's domestic
legislation has included the right of the child to physical integrity
(Children and Adolescents Code, art. 24) and that no cases of torture of
children have been reported in the State party, concern is expressed at the
lack of explicit legislation prohibiting the use of torture and that no
sanction is provided in the legislation for those responsible for torture.
In the light of article 37 (a), the Committee recommends that the State
party include a provision in its domestic legislation prohibiting children
from being subjected to torture and establishing appropriate sanctions against
the perpetrators of torture.

D.3 Family environment and alternative
care

Domestic and intercountry adoption (art. 21)

19. The Committee notes the amendments to the State party's legislation on
adoption, in line with the Committee's recommendation (see CRC/C/15/Add.11,
para. 14). However, the current legislation on adoption does not seem to
comply fully with the requirements of the 1993 Hague Convention on the
Protection of Children and Cooperation in Respect of Intercountry Adoption, to
which Costa Rica is a party. The Committee recommends that the State party
take further measures to reform its legislation, in accordance with the
requirements of the above-mentioned Hague Convention, to which Costa Rica is a
party.

Child abuse, neglect, maltreatment and violence (art. 19)

20. While the Committee takes note of the State party's efforts to prevent
and combat cases of abuse and ill-treatment of children, it is of the opinion
that these measures need to be reinforced. Concern is also expressed at the
insufficient awareness regarding the harmful consequences of neglect and
abuse, including sexual abuse, both within and outside the family. Concern is
also expressed at the insufficient resources, both financial and human, as
well as at the lack of adequately trained personnel, to prevent and combat
such abuse. The insufficiency of rehabilitation measures and facilities for
victims, and their limited access to justice are also matters of concern.
In the light of, inter alia, articles 19 and 39 of the
Convention, the Committee recommends that the State party take effective
measures, including reinforcing current multidisciplinary programmes and
rehabilitation measures, to prevent and combat child abuse and ill-treatment
of children within the family, at school and in society at large. It suggests,
inter alia, that law enforcement should be strengthened
with respect to such crimes; adequate procedures and mechanisms to deal with
complaints of child abuse should be reinforced, in order to provide children
with prompt access to justice and to avoid the impunity of offenders.
Furthermore, educational programmes should be established to combat
traditional attitudes within society regarding this issue. The Committee
encourages the State party to consider seeking international cooperation to
this effect from, inter alia, UNICEF and international
non-governmental organizations.

D.4 Basic health and welfare

Right to health and access to health services (art. 24)

21. The Committee welcomes the State party's efforts to fulfil the goals
set by the World Summit for Children. However, it remains concerned about
regional inequalities in access to health services, as well as in immunization
coverage and infant mortality rates. The Committee recommends that the
State party continue taking effective measures to ensure access to basic
health care and services for all children.

Adolescent health (art. 24)

22. With regard to adolescent health issues (see CRC/C/15/Add.11, para.
16), while taking note of the measures taken by the State party in this field,
the Committee remains concerned at the high and increasing rate of teenage
pregnancies; at the insufficient access by teenagers to reproductive health
education and counselling services, including outside school; and at the
increasing rate of substance abuse among adolescents. The Committee
recommends that the State party undertake effective measures to develop
adolescent friendly health policies and strengthen reproductive health
education and counselling services in order, inter alia,
to prevent and reduce teenage pregnancies. The Committee also recommends that
further efforts be undertaken for the development of child friendly
counselling services, as well as care and rehabilitation facilities, for
adolescents. Measures to prevent and combat substance abuse among adolescents
should be strengthened.

Children with disabilities (art. 23)

23. While the Committee welcomes the fact that the State party has
established a special programme to protect the rights of children with
disabilities, it remains concerned at the lack of adequate infrastructure, the
limited qualified staff and the specialized institutions for these children.
In the light of the Standard Rules on the Equalization of Opportunities for
Persons with Disabilities (General Assembly resolution 48/96) and of the
Committee's recommendations adopted on its Day of General Discussion on
Children with Disabilities (CRC/C/69), the Committee recommends that the State
party develop early identification programmes to prevent disabilities,
implement alternative measures to the institutionalization of children with
disabilities, envisage awareness-raising campaigns to reduce discrimination
against them, establish special education programmes and centres as needed and
encourage their inclusion in the educational system and in society, and
establish adequate monitoring of private institutions for children with
disabilities. The Committee further recommends that the State party seek
technical cooperation for the training of professional staff working with and
for children with disabilities.

D.5 Education, leisure and cultural
activities

24. With regard to education, the Committee welcomes the fact that the
State party's budget allocation to education is one of the highest among
developing countries and that measures are being taken, in cooperation with
the World Bank (Basic Education Project), to improve primary education,
specially for children living in rural and marginal areas. However, the
Committee remains concerned that there is an increase in students' drop-out
rates between primary and secondary school, due to the limited relevance of
the school curricula, as well as to economic and social factors, such as the
early insertion of children in the informal labour market. Concern is also
expressed about discrepancies in access to education between urban and rural
areas and the decrease in the quality of schools infrastructure. The
Committee recommends that the State party continue with its efforts in the
field of education by strengthening its educational policies and system in
order to reduce regional disparities in access to education and to establish
retention programmes and vocational training for drop-out students. The
Committee further recommends that the State party conduct continuous training
programmes for teachers on human rights, including children's rights. The
Committee encourages the State party to consider seeking technical assistance
in this area, inter alia from UNESCO and UNICEF.

D.6 Special protection measures

Children belonging to minority and indigenous groups (art. 30)

25. The Committee remains concerned about the living conditions of children
belonging to indigenous and ethnic minority groups, especially with regard to
the full enjoyment of all the rights enshrined in the Convention. Concern is
also expressed about the precarious situation of children belonging to
Nicaraguan families illegally residing in the State party's territory. In
the light of articles 2 and 30 of the Convention, the Committee recommends
that the State party take effective measures to protect children belonging to
indigenous and ethnic minority groups, as well as children of Nicaraguan
families in irregular situations, against discrimination and to guarantee
their enjoyment of all the rights recognized by the Convention on the Rights
of the Child.

Economic exploitation (art. 32)

26. While welcoming the measures taken for the elimination of child labour,
the Committee is concerned that economic exploitation remains one of the major
problems affecting children in the State party. The Committee expresses
concern at the insufficient law enforcement and the inadequate monitoring
mechanisms to address this situation. In the light of, inter
alia, articles 3, 6 and 32 of the Convention, the Committee
recommends that the State party continue working in cooperation with ILO/IPEC
to implement the national plan for the elimination of child labour and that it
undertake all the actions envisaged in the Memorandum of Understanding signed
between the State party and ILO/IPEC. The situation of children involved in
hazardous labour, especially in the informal sector where the majority of
working children are found, deserves special attention. In this regard, the
Committee encourages the State party to ratify ILO Convention No. 182
concerning the Prohibition and Immediate Action for the Elimination of the
Worst Forms of Child Labour (1999). The Committee, finally, recommends that
child labour laws should be fully enforced, labour inspectorates strengthened
and penalties imposed in cases of violation.

Sexual exploitation and abuse (art. 34)

27. The Committee expresses its concern at the high incidence of commercial
sexual exploitation of children in the State party, apparently often related
to sex tourism. In this regard, while the Committee appreciates the measures
taken to prevent and combat sexual abuse and exploitation of children, such as
the reforms of the Penal Code (Law 7899 of 1999) and the adoption of a plan of
action to tackle this issue, it is of the opinion that these measures need to
be reinforced. In the light of article 34 and other related articles of the
Convention, the Committee recommends that the State party undertake studies
with a view to strengthening current policies and measures, including in the
area of care and rehabilitation, in order to prevent and combat this
phenomenon. The Committee recommends that the State party take into account
the recommendations formulated in the Agenda for Action adopted at the World
Congress against Commercial Sexual Exploitation of Children, held in Stockholm
in 1996.

Administration of juvenile justice (arts. 37, 40, and 39)

28. With regard to the administration of juvenile justice, the Committee
welcomes the State party's measures to implement the Committee's
recommendations (CRC/C/15/Add.11, para. 15). However, the Committee remains
concerned, inter alia, that the new Law on Juvenile Justice (1996) has
not yet been fully implemented; that there is an insufficient number of
specialized judges; that there is only one specialized centre for children in
conflict with the law; that there is a lack of adequate training for the
police on the Convention and other relevant international standards; that a
large number of children are placed in pre-trial detention; and that the
penalties imposed on children in conflict with the law are disproportionately
heavy in relation to the nature of the offences. The Committee recommends
that the State party continue undertaking effective measures to overcome these
and other obstacles in fully implementing its juvenile justice system in
accordance with the Convention, especially articles 37, 40 and 39, and other
relevant international standards, such as the United Nations Standard Minimum
Rules for the Administration of Juvenile Justice (the Beijing Rules), the
United Nations Guidelines for the Prevention of Juvenile Delinquency (the
Riyadh Guidelines) and the United Nations Rules for the Protection of
Juveniles Deprived of Their Liberty. In this regard, the Committee suggests
that the State party consider seeking technical assistance from,
inter alia, the Office of the United Nations High
Commissioner for Human Rights, the Centre for International Crime Prevention,
the International Network on Juvenile Justice and UNICEF, through the
Coordination Panel on Juvenile Justice.

Dissemination of the report (art. 44)

29. Finally, in the light of article 44, paragraph 6, of the Convention,
the Committee recommends that the second periodic report and the written
replies submitted by the State party be made widely available to the public at
large and that the publication of the report be considered, along with the
relevant summary records and concluding observations adopted thereon by the
Committee. Such a document should be widely distributed in order to generate
debate and awareness of the Convention, its implementation and monitoring
within the Government, the Parliament and the general public, including
concerned non-governmental organizations.

©1996-2001
Office of the United
Nations High Commissioner for Human Rights
Geneva, Switzerland