UNITED NATIONS E Economic and Social Distr. GENERAL Council E/C.12/CRI/4 22 June 2006 ENGLISH Original: SPANISH 2007 Substantive session IMPLEMENTATION OF THE INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS Fourth periodic reports submitted by States parties under articles 16 and 17 of the Covenant COSTA RICA* ** *** (Period 1990-2004) * The initial report (E/1990/5/Add.3) concerning rights covered by articles 1 to 15 of the Covenant, submitted by the Government of Costa Rica, was considered by the Committee on Economic, Social and Cultural Rights at its fifth session in 1990 (see documents E/C.12/1990/SR.38; E/C.12/1990/SR.40-41; E/C.12/1990/SR.43; E/C.12/1990/8, paras 159-195). ** The information submitted in accordance with the consolidated guidelines concerning the initial part of reports of States parties is contained in the core document (HRI/CORE/1/Add.104). *** In accordance with the information transmitted to States parties regarding the processing of their reports, the present document was not formally edited before being sent to the United Nations translation services. GE.06-42767 (EXT) E/C.12/CRI/4 page 2 CONTENTS Paragraphs Page Introduction............................................................................................................................... 3 PART ONE 1. Economic and social context of Costa Rica 1990-2005: main trends in national development and current challenges .................................... 1 - 67 6 2. Main changes in the production structure and economic development 15 - 83 19 3. Main institutional and political changes............................................. 84 - 90 22 4. Costa Rican political system............................................................... 91 - 137 24 5. General legal framework for the protection of human rights ............. 138 - 151 29 6. Constitutional remedies ...................................................................... 152 - 217 31 7. Importance of the Constitutional Chamber for enforcement and ...... justiciability of human rights.............................................................. 218 - 230 41 8. Law governing the work of the Office of the Ombudsman................ 231 - 236 43 9. Bibliography ................................................................................ 43 PART TWO Article 1 (All people’s right to self-determination) .................................... 237 - 250 45 Article 2 (General measures adopted with a view to achieving progressively the full realization of rights) ........................................ 251 - 325 47 Article 3 (Equal rights) ................................................................................ 326 - 335 60 Articles 4 and 5 (Limitations on rights) ...................................................... 336 - 337 62 Article 6 (Right to decent work) ................................................................. 338 - 438 62 Article 7 (The right to just and favourable conditions of work) ................. 439 - 516 80 Article 8 (The right to form trade unions and associated freedoms) ........... 517 - 571 94 Article 9 (Right to social security) .............................................................. 572 - 626 103 Article 10 (Right to protection of the family) ............................................. 627 - 725 118 Article 11 (Right to an adequate standard of living) ................................... 726 - 844 136 Article 12 (Right to health) ......................................................................... 845 - 968 162 Article 13 (The right to education) .............................................................. 969 - 1054 190 Article 15 (The right to culture and to scientific and technological progress) ...................................................................... 1080 - 1173 209 Bibliography ............................................................................................................................. 229 E/C.12/CRI/4 page 3 INTRODUCTION This document is the first Periodic Report by the Costa Rican Government on the implementation of the International Covenant On Economic, Social And Cultural Rights It covers the 15-year period 1990-2004. The initial report was presented to the United Nations Secretary- General in 1989. While the presentation of this report is an obligation of the Government, which it is honoured to comply with, it is also a self-assessment that is as objective as possible of the country’s situation regarding progress on the observance of the rights set out in the Covenant. It has enabled the Government to take stock of the situation and adjust the main imbalances over the period and take note of the efforts made and achievements up to 2004. The report also sets out the general challenges that currently dominate the national scene and have a direct impact on the safeguarding of those rights. This retrospective view, emphasizing the most recent developments, portrays a period featuring progress and setbacks (mainly as a result of the economic crisis of the eighties); and the overcoming of these setbacks (during the nineties), all thanks to the Government’s sustained social investment. It is also noteworthy that over the past fifteen years, the country has expanded and consolidated citizens’ rights, moving on from the recognition of civil liberties and individual civil rights, to the introduction of the mechanisms needed for political, economic, social and collective rights to have their place in public policy. Indeed, the main feature of the reform of the Costa Rican State in the nineties was the broad roll-out of protection for and legal enforceability of human rights. Main strategies and working methods One of the most significant aspects in the preparation of this report, its annexes and other supporting documents, even those not forming part of it, was the participation process conducted over more than two years (27 months). With the clarity of the outstanding commitment and the scope of this responsibility, from the start the main strategies were outlined, along with the steps to be taken in preparing the report. In order to do so, by Executive Order, an Interinstitutional Committee1, an Advisory Committee and a Coordination Unit2 were set up under the responsibility of the Ministry of Foreign Relations. The Committee was set up as a focal point for gathering and classifying information. It was formed of representatives, of a high technical level, of 21 public institutions, some of whom are leaders in their particular fields. The active participation of the Committee members, under the direction of the Coordinating Unit, ensured that the process was collective and constructive at all times, in which all the participating officials had to develop a sense of ownership. This meant training and raising the 1 Composed of the Ministries of Public Education; Housing and Habitat; Public Security, the Interior and the Police; Culture; Youth and Sport; Public Health; Labour and Social Security; Environment and Energy; Agriculture and Livestock; Science and Technology; Finance; Justice; National Planning, and Economy, Industry and Trade; plus the Joint Social Welfare Institute (IMAS), the National Insurance Institute (INS), the National Institute of Learning (INA), the National Institute for Women (INAMU), the Costa Rican Electricity Institute (ICE), the Costa Rican Water Supply and Sewerage Institute (A&A); the Costa Rican Social Security Fund (CCSS) and the National Children’s Trust (PANI). 2 Composed of a national coordinator, Ms Gioconda Ubeda R.; an executive secretary, Ms Eugenia Gutiérrez R.; and a consultant, Ms Dina Jiménez M. E/C.12/CRI/4 page 4 awareness of these officials, which led to another important achievement of the process: working from a rights perspective, which is by no means common in the vast majority of public institutions. This added value is very important for the development of institutional capabilities, which tends to make people think, as did happen with some participating institutions, about the function these institutions are carrying out or could carry out for the advancement of human rights. This means, regarding the above point, that participation in and the sense of ownership of the process was ensured by means of methods allowing discussion and approval in the Committee of all the material used to prepare the report (questionnaires, guidelines and directives at the various stages, to ensure that the information was correct and of high quality). Likewise, the first draft was validated by its members before the dialogue began with sectors of civil society and international organizations, another significant feature of the process of drafting the report. In the final phase of the process, an open dialogue was launched with sectors of civil society and international organizations, all linked to specific populations of interest to the State on account of the challenges they present for expanding the enjoyment of their economic, social and cultural rights. The Committee members took part in this activity as hosts and facilitators. The assembly did not aim to seek the approval of the participating sectors, but rather to generate a broad discussion and frank exchange on the basis of the draft report, with a view to incorporating relevant recommendations and remarks into it. For the State it was very important to listen to the view from other perspectives, since it enabled aspects of the report to be incorporated or emphasized that helped to reflect other experiences,