Demande directe (CEACR) - adoptée 2022, publiée 111ème session CIT (2023)

Convention (n° 159) sur la réadaptation professionnelle et l'emploi des personnes handicapées, 1983 - Costa Rica (Ratification: 1991)

Articles 2 and 3 of the Convention. Implementation of a national policy. The Committee notes with interest the numerous measures implemented with a view to facilitating the labour market integration of persons with disabilities. The Government refers, among other measures, to the implementation of the National Plan for the Labour Integration of Persons with Disabilities for the periods 2017 to 2018 and 2019 to 2022. This Plan includes measures in the areas of training, inclusive enterprises, job placement and governance, with the aim of improving economic participation opportunities for persons with disabilities aged between 15 and 35 years and promoting access to decent work for the population with disabilities in general, from a gender equality and equity perspective. In addition, the Government reports the adoption of a national coordination plan to enhance the labour inclusion of persons with disabilities, particularly women with disabilities, through the implementation of the current regulations, as well as the promotion of inclusive enterprises and entrepreneurship, enabling persons with disabilities to increase their capacity for integration into the labour market. The Government also refers to the implementation of the National Policy on Disability (PONADIS 2011–2030), which provides for the adoption of measures regarding access to education, employment and work, such as incentives for the creation, adaptation and supply of jobs for people with disabilities, strengthening of job placement mechanisms and professional training activities. The Government also reports the implementation of various measures and services by the Department of Job Placement, Guidance and Employment Prospecting of the National Directorate of Employment in coordination with the Department of Equal Opportunities for Persons with Disabilities. These services include personalised support for persons with disabilities with respect to job guidance and placement processes, as well as advice and support for enterprises. The Government reports that, in 2019, only 17 people with disabilities who received such services managed to obtain a job. In addition, through the inclusive iteration of the Empléate (Find a Job) programme, training, economic subsidies and support are provided to people with disabilities in the job placement and labour market integration process. The Government also indicates that the National Development and Public Investment Plan (PNDIP) (2019–2022) included the goal of integrating 320 persons with disabilities into the labour market. Furthermore, the creation of the online Management Index on Disability and Accessibility (IGEDA) enables public entities to self-evaluate their level of compliance regarding the management and implementation of actions for the benefit of the population with disabilities. The Government indicates that only 140 institutions out of 213 surveyed were in compliance with the legislation on the 5 per cent quota for hiring persons with disabilities in the public sector. In this regard, the Committee notes the adoption of Executive Decree No. 43024-MP-MTSS amending the regulations of the Act on the inclusion and protection of persons with disabilities in the public sector, with a view to ensuring that institutions comply with the obligation to create special labour and accountability commissions that are responsible for the development of policies for the reservation of positions in their institutions and submit annual reports to the National Commission for the Employability and Work of Persons with Disabilities (CNETPcD) on the implementation of such policies. Finally, the Committee also notes that, following the approval of Decree No. 40.955/2018 on inclusion and accessibility in the Costa Rican education system, various measures have been taken to progressively transform special education centres into education support resource centres, convert integrated classrooms into support services and transfer their students to mainstream education. The Committee also takes note of the various initiatives carried out to transform the educational system to ensure the inclusion of persons with disabilities, both in public basic general education and state university education, as well as in public technical education. The Committee requests the Government to continue to provide updated and detailed information, disaggregated by sex and age, on the impact on the education system of the employment and transformation measures, including reasonable accommodation measures, that have been adopted to help persons with disabilities to obtain sustainable and decent jobs in the regular employment market.

Article 5. Consultation with the social partners. The Committee takes note of the adoption of Executive Decree No. 41761-MTSS of 28 May 2019, creating the CNETPcD with the objective of developing, implementing, contributing to and monitoring inclusive public policies aimed at promoting the employability, employment, entrepreneurship and work of persons with disabilities (in the public and private sectors) (article 1). The CNETPcD is made up of representatives of organizations of persons with disabilities, as well as representatives of the productive or business sector, as well as from various ministries and national institutions (article 2). The Government also indicates that the coordinator of the CNETPcD commission, is vested with the authority to convene a hearing of public and private actors and entities involved in the national processes of employability, entrepreneurship, employment and work for persons with disabilities, when this is deemed appropriate (article 4), thus opening up the possibility of consulting organizations or institutions that may not be part of the CNETPcD. The Committee notes that, while the CNETPcD includes representatives of the productive or business sector, no information is provided on the participation of worker representatives in this body. In addition, the Government does not provide specific information on the manner in which representative workers’ organizations are consulted more generally on the subjects covered by the Convention. The Committee therefore once again requests the Government to provide detailed and updated information on the manner in which representative workers’ organizations are also consulted on the matters covered by the Convention.

Application in practice. The Committee notes the copies of decisions provided by the Government concerning the employer’s obligation to reclassify jobs and/or make reasonable accommodation with a view to ensuring the continued employment and promotion of persons with disabilities, as well as the implementation of the Act on the inclusion and protection of persons with disabilities in the public sector. The Committee notes that these decisions rely, among other legal provisions, on the provisions of the Convention and the United Nations Convention on the Rights of Persons with Disabilities. The Committee requests the Government to continue to send copies of judicial decisions concerning the application of the Convention.