| For a summary of Costa Rica’s review at the first cycle please click here. |
19th UPR session
Date of review: 5 May 2014
Date of report adoption: 7 July 2014
Document number: A/HRC/27/12
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SUMMARY SOGIESC issues during Costa Rica’s 2nd UPR review |
I. SOGIESC issues/recommendations identified by NGOs
Information provided by the accredited national human rights institution of the State under review in full compliance with the Paris Principles
2. The efforts of LGBTI organizations have been supported (recommendation 89.164 ); however, progress has come primarily through the rulings of the Constitutional Chamber of the Supreme Court. The Ombudsman’s Office points to a lack of political will to recognize and regulate same-sex unions. Although in 2011, the Constitutional Chamber declared unconstitutional the phrase “of a different gender” in article 66 of the Technical Regulations of the Penitentiary System, thereby recognizing the right of partners in samesex unions to visits in prisons, in 2012, the Ombudsman’s Office found that the authorities were reluctant to process requests because they claimed that would entail regulations, new psychological tests and additional social work. As a result of a suit brought by the Ombudsman’s Office, the Constitutional Chamber declared unconstitutional the application of security measures on grounds of homosexuality or involvement in prostitution, references to which could still be found in the Criminal Code, articles 98, paragraph 6, and 102, subparagraph (e).
Institutional and human rights infrastructure and policy measures
33. JS6 indicates that, pursuant to the Young Persons Act (No. 8261), a national youth system was set up to put youths — as social actors — on the Government agenda. It recommends including ethnic, racial, disability and sexual diversity issues in national youth surveys as well as in the design and implementation of public policies and supporting affirmative action.
Equality and non-discrimination
38. MULABI-SRI indicates that although the Constitution guarantees the right to equality and non-discrimination, members of the LGBTI community suffer severe discrimination. MULABI-SRI recommends designing awareness-raising policies and programmes; giving easier access to justice to people whose rights have been infringed because of their gender identity, gender expression or sexual orientation; and removing discriminatory provisions from the Criminal Code and any other law or regulation.
39. Regarding sexual diversity, CR-NGOs reports that certain populations are still victims of discriminatory treatment. It recommends criminalizing discrimination on grounds of sexual orientation and gender identity, recognizing the legal rights of same-sex couples and allocating funds for public policies to combat discrimination on grounds of sexual orientation and gender identity.
40. MULABI-SRI reports that intersex individuals, transsexuals, transvestites and transgendered persons are the segment of the sexually diverse population whose rights are most often violated. It recommends amending the Civil Code to allow name and gender changes on identity documents, raising awareness and designing policies to benefit intersex individuals.
41. CR-NGOs reports that people living with HIV continue to be subjected to stigmatization and discrimination. Although it is prohibited under the law, their dismissal from work continues to occur. The right to confidentiality continues to be violated, exposing HIV-positive people to discrimination and rejection.
Right to health
55. MULABI-SRI reports that stereotypes about sexual orientation and gender persist, to the detriment of the health of lesbians, particularly their sexual and reproductive health.
56. MULABI-SRI indicates that the HIV/AIDS epidemic in Costa Rica is concentrated among the gay, bisexual and transsexual population.
57. Regarding HIV prevention, CR-NGOs states that rapid diagnosis through medical tests and universal access to condoms are problematic. It also reports that obtaining medical care is difficult for HIV-positive individuals from vulnerable groups, such as persons deprived of their liberty, the poor, sex workers, the LGBTI community, neglected senior citizens, addicts and migrants in an irregular situation.
58. MULABI-SRI recommends developing programmes to provide comprehensive health care to the LGBTI community.
59. It further recommends building up capacity in the health-care system and including in medical curricula new trends in the treatment of intersex individuals.
II. Excerpts on SOGIESC issues from the national report
9. Also in recent years, there has been a debate on ways of ensuring the property rights of lesbians, gays, bisexuals, transsexuals, transgenders, transvestites and intersexuals. Although the subject has not been addressed in depth, action has been undertaken in a number of bodies, and initiatives have been developed in which civil society has played a fundamental role.
23. The Access to Justice Commission, the lead institutional body in the area of access to justice for vulnerable groups, is responsible for setting policies and institutional guidelines for that purpose. It is composed of all jurisdictions and representatives of the subcommittees working for each vulnerable group (persons with disabilities, older persons, persons deprived of liberty, migrants and refugees, sexually diverse persons, indigenous persons, victims of offences, victims of sexual and domestic violence, and children, adolescents and adults in conflict with the law), and representatives of professional associations and civil society. Its objective is to implement policies and guidelines and to mainstream them through coordinated activities with the various judicial stakeholders.
25. An institutional policy on the right of access to justice for vulnerable juveniles facing criminal prosecution and a policy on respect for sexual diversity were also developed, pursuant to which the judiciary undertook to promote non-discrimination on the basis of sexual orientation of the persons concerned and judicial personnel as well as the institutional policy for access to justice for the migrant and refugee population (2010).
Sexual orientation
85. The rights of lesbians, gays, bisexuals, transsexuals, transgenders, transvestites and intersexuals are one of the areas in which the greatest challenges exist. A political and social debate has been growing in Costa Rica on the recognition of the rights arising from the union of two persons of the same sex. However, according to the Constitutional Chamber, this is a matter for lawmakers to decide.3 86. A number of bills concerning civil unions between persons of the same sex and the concept of domestic partnerships are currently under consideration in the legislature, and signatures are being collected for a bill for a referendum on equality in marriage.
87. The Constitutional Chamber has recognized that lesbians, gays, bisexuals, transsexuals, transgenders, transvestites and intersexuals have equal rights with regard to the visit of their partners in prison. In October 2011, an article of the Prison System Regulations was declared unconstitutional because it discriminated against same-sex couples in respect of conjugal visits.
88. Concerning recommendation 91.4 made by Spain in the context of the first universal periodic review and relating to the right of transsexual persons to have documents in keeping with their identity, in June 2010 the Supreme Electoral Court issued a decree entitled Regulations for Identity Card Photographs, article 2 of which states that everyone has the right to enjoy respect for their image and sexual identity when a photograph is made for insertion in their identity card.
89. The State supports international initiatives on behalf of lesbians, gays, bisexuals, transsexuals, transgenders, transvestites and intersexuals, such as those approved by the Human Rights Council and the Organization of American States, and has granted refugee status to persons from Africa and Central America who were persecuted because of their sexual or gender identity.
90. Costa Rica is aware that in this area, the biggest challenge is to change cultural paradigms and attitudes in order to encourage and promote respect for lesbians, gays, bisexuals, transsexuals, transgenders, transvestites and intersexuals in all areas. It is here that reference should be made, as an expression of gender violence in society, to discrimination against the above-mentioned persons, who, in disregarding traditional male and female gender roles, become victims of physical, sexual and psychological violence, which is hidden from view by patriarchal cultural patterns.
91. Accordingly, in schools priority has been given to efforts to eradicate such conduct, and in 2012 a special protocol was elaborated on harassment, bullying and cyberbullying in secondary schools which recognizes that disrespect for another’s sexual orientation triggers such conduct and specifies how the problem should be addressed, bearing in mind that harassment and bullying must not be taken lightly.
Education
100. Sex education has been taught since 2001 through an educational policy on the expression of human sexuality which incorporates the topic into the school curriculum on a cross-cutting basis. In 2009, the subject was made part of the civic education programme, which for the first time contained units on youth identity, sexual identity and diversity (interculturality).
III. Excerpts on SOGIESC issues by UN agencies
Equality and non-discrimination
26. CEDAW expressed concern about discrimination against lesbian, bisexual, transgender and intersex women in access to education, employment and health-care services, and about information that some of those women were victims of abuse and mistreatment by health service providers and law enforcement officials. It urged Costa Rica to combat discrimination against women based on their sexual orientation and gender identity.
Migrants, refugees and asylum seekers
82. UNHCR highlighted as achievements the adoption of the 2010 Immigration Act, which included the principle of non-refoulement and incorporated gender-based persecution as a specific ground for recognition of refugee status. The Act also provided for humanitarian considerations of special categories of persons to be granted asylum (stateless persons and victims of trafficking) and other humanitarian visas. UN-Costa Rica stated that in 2012, Costa Rica had granted international protection as refugees to two persons suffering persecution in their countries of origin because of their sexual orientation.
IV. References to SOGIESC issues during the Working Group review
17. Costa Rica had also been discussing ways to guarantee the rights of the lesbian, gay, bisexual, transgender and intersex (LGBTI) population. Activities were being carried out and initiatives were being developed in which civil society had played a fundamental role.
69. Iceland […] was concerned about the inadequate protection of the right to sexual and reproductive health. It raised questions on the implementation of programmes ensuring child protection and on measures to eliminate discrimination against LGBT persons.
87. The rights of LGBTI persons was a challenging area for Costa Rica. There had been increased interest in the debate on the recognition of the rights arising from same-sex unions. Concerning the recommendation made by Spain relating to the right of transsexual persons to identify themselves in keeping with their gender identity (A/HRC/13/15, para. 91.4), Costa Rica noted that in 2010, the Supreme Electoral Court had issued a decree providing that everyone had the right to enjoy respect for their image and sexual identity when a photograph was taken for their identity card. Costa Rica acknowledged that changing cultural attitudes was a challenge. A protocol on harassment, bullying and cyberbullying in secondary schools had also been prepared.
94. The Netherlands […] was concerned about the suffering of the LGBT community as a result of discrimination.
102. Portugal welcomed the establishment of CIIDDHH and measures to protect persons who suffered from persecution in their countries of origin owing to their sexual orientation.
123. The United Kingdom […] encouraged Costa Rica to strengthen efforts to protect women from domestic violence and reduce discrimination against LGBT persons.
V. Conclusions and/or recommendations
Costa Rica accepted the following recommendations:
128.69 Continue the measures to combat discrimination against LGBTI persons (Argentina);
128.71 Conduct public awareness policies and programmes, in cooperation with civil society, to change cultural paradigms and attitudes in order to encourage and promote respect for LGBTI persons and fight against prejudice and discrimination against LGBTI persons (Slovenia).
Costa Rica noted the following recommendations:
128.70 Design awareness-raising policies and programmes regarding the prevention of discrimination of LGBT persons and provide equal rights for LGBT persons. In practical terms this means providing better access to justice for people whose rights have been infringed because of their gender identity, gender expression or sexual orientation; it also means allowing same-sex couples to enter into cohabitation contracts in order to remove inequalities relating to inheritance, health care, social security; and finally it means removing discriminatory provisions from the Criminal Code and other laws and regulations (Netherlands);
128.72 Fight discrimination against LGBT persons both in law and in practice, as it impacts on the possibilities of education, justice and access to health services, with emphasis on the difficulties faced by transgender people (Uruguay).
VI. Further information
You will find all documents relating to Costa Rica’s second review at UPR-Info and OHCHR’s websites.