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Costa Rica - Universal Periodic Review

UPR 33, May 13, 2019
Recommendations of Canada

Background

According to UPR Info, a non-profit, non-governmental organization (NGO) that tracks the Universal Periodic Review (UPR) process, in the first two cycles of the UPR, Costa Rica received 317 recommendations, of which 263 were accepted (an acceptance rate of 83%). Canada’s previous recommendations were related to detention conditions and children and women’s rights. 

Costa Rica is party to the majority of United Nations and Organization of American States human rights treaties and conventions, and is renowned for its long history of democratic stability, with a multiparty political system, regular rotations of power through credible elections, and strong rule of law. Freedom of expression and association are also widely respected. However, challenges remain guaranteeing the rights of marginalized and vulnerable populations such as the LGBTI community, women and girls, the elderly, Indigenous peoples, incarcerated persons, migrants, including refugees and persons of African descent. Important inequalities also exist between urban and rural areas in terms of overall human development.

In its second UPR in 2014, Costa Rica accepted 44 recommendations on women and girls’ rights and 2 on combatting discrimination against the LGBTI community. Some significant steps have been taken in this regard, including the adoption of the Improper Unions Law in 2017, which establishes penalties for sex with minors and prohibits child marriage. An LGBTI commissioner to coordinate efforts between civil society and the presidency was appointed and several decrees and guidelines to fight discrimination have been adopted. Same sex marriage will become fully legal by May 2020. 

However, women and girls still face systemic violence. Femicides increased in 2018 and access to sexual and reproductive health services is still fairly limited, including the right to therapeutic abortion as already allowed by the Criminal Code, with the government repeatedly deferring the adoption of the necessary technical regulations. Violence against the LGBTI community has also seen an upsurge since the 2018 presidential campaign. Despite modest progress, such as the adoption of a consultative mechanism in 2018, Indigenous peoples continue to face discrimination and are often in dire socio-economic conditions, while conflicts over Indigenous rights to land persist. The murder in March 2019 of Indigenous leader Sergio Rojas, the subject of cautionary measures by the Inter-American Commission of Human Rights, is a cause of great concern.

Recommendations

Thank you, Mr. President.

Canada thanks Costa Rica for its presentation and welcomes the positive steps taken by Costa Rica to fight discrimination and violence against women and girls and against LGBTI persons.

Canada recommends that Costa Rica:

1. Ensure the effective protection of women and girls by strengthening domestic mechanisms and implementing laws addressing gender violence.
2. Adopt clear medical guidelines on access to therapeutic abortion in accordance with Costa Rican law, international standards and best practices promoted by the WHO.
3. Adopt legislation criminalizing hate crimes for reasons of sexual orientation or gender identity.
4. Take steps to guarantee full and effective protection of the rights of Indigenous peoples through participatory and inclusive processes, including compliance with cautionary measures granted by the Inter-American Court and the implementation of recommendations made by other specialized bodies.

Canada commends Costa Rica for its commitment to democracy and human rights. We encourage Costa Rica to take further actions towards achieving equality and combatting discrimination, particularly for the most marginalized and vulnerable groups.