Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

Worst Forms of Child Labour Convention, 1999 (No. 182) - Costa Rica (Ratification: 2001)

Articles 3(d) and 7(2)(b) of the Convention. Worst forms of child labour and effective time-bound measures. Hazardous work and removing children from such work and ensuring their rehabilitation and social integration. Child domestic labour. The Committee notes the observations of the Confederation of Workers Rerum Novarum (CTRN) which once again indicate that domestic child labour is largely undertaken by migrant children. The Committee notes the Government’s indication that: (i) the Ministry of Labour and Social Security (MTSS), through the National Labour Inspectorate (DNI), established a protocol to carry out virtual inspections of households and reinforce inspection rounds in households with minors under 18 years engaged in domestic work; (ii) on 4 May 2023, Directive No. DNI-DIR-00879-23-01193 was issued, aimed at labour inspectors and recalling the prohibition against employing minors under 18 years in domestic work when: (a) the young person sleeps in their workplace; (b) the work consists of caring for children, older persons or persons with disabilities; or (c) surveillance work is involved. To this end, it is important to highlight the obligation to conduct periodic inspections in workplaces to verify whether minors are being employed and protection standards are being observed; (iii) where inspectors detect a discrepancy, the MTSS must adopt effective protection measures to safeguard the labour rights of these persons, and immediately notify the National Children’s Trust (PANI) in order that, within the scope of its competence, it applies the appropriate protection measures; and (iv) the National Labour Inspectorate (DNI) identified seven cases of restriction to the rights of working minors and two cases of child labour, running counter to the prohibition against employment of persons under 15 years. The Committee notes the Government’s information and requests it to continue to provide information on: (i) the measures adopted to ensure that young domestic workers under 18 years do not perform hazardous work; (ii) the number and results of household inspections, including virtual inspections, and the number of offences found and penalties imposed; and (iii) the measures adopted to remove children and young persons from this worst form of child labour and the type of services provided for their rehabilitation and social integration.

Article 5. Monitoring mechanisms. Labour inspection. The Committee notes the Government’s indication that Bill No. 21.185, aimed at modernizing the inspection services, received a negative majority opinion and was shelved on 13 December 2022. The Government indicates, however, that the MTSS is currently receiving ILO technical assistance to assess the needs of labour inspection, in order to develop a road map to strengthen the inspection system, with a comprehensive approach at the administrative, organizational structure, regulatory, operational and strategic planning levels. The Committee also notes that the MTSS is implementing the Comprehensive System of the National Labour Inspectorate (SIDNI) which will replace the Labour Inspection and Case Management System (SILAC). There is no specific clause under the above system to indicate the type of offence for which fines are imposed but only to determine the total amount of the fine. The Government has also provided information on four cases containing accusations against employers, but these cases refer to the dismissal of young workers and not to situations of child labour or its worst forms. The Committee requests the Government to provide information on: (i) the implementation of the Comprehensive System of the National Labour Inspectorate (SIDNI); (ii) the results of efforts to develop a road map to strengthen the inspection system; and (iii) the impact of these measures on identifying cases of the worst forms of child labour and the compilation of specific data for the National Labour Inspectorate (DNI).

Article 6. Programmes of action. With reference to its previous comment, the Committee notes the Government’s indication that it does not have an integrated national information system on the worst forms of child labour. The Committee nonetheless notes various actions carried out by the Government, including: (i) the implementation of the National Policy against Trafficking in Persons 2020–2030; (ii) the adoption and implementation of the National Action Plan against commercial sexual exploitation of children and young persons 2022–2025, which sets out strategic lines concerning prevention and care, and defence and protection of rights, to eliminate sexual exploitation of children and young persons; (iii) the adoption of the National Policy for Children and Young Persons 2024–2036, which has an Action Plan, one of the special protection pillars of which is to ensure that minors are removed from labour exploitation and exercise their rights; and (iv) in 2021, the Costa Rican Business Network against Child Labour joined ILO efforts to develop a Code of Responsible Business Conduct regarding Child and Young Persons’ Labour in Costa Rica. The Committee requests the Government to continue to provide information on the implementation and results of the current programmes aimed at eliminating the worst forms of child labour.

Article 8. International cooperation and assistance. Trafficking for commercial sexual exploitation. With reference to the Committee’s previous comment, the Government indicates that in 2023, no minor victim of trafficking in persons was repatriated. In the cases detected, the official in charge, through the assessment of identified risk and protection factors, decided on the location based on the principle of the best interests of the child. The Committee also notes the international cooperation activities undertaken by the Government: (i) projects are being carried out in collaboration with the International Bureau for Children’s Rights (IBCR), the International Organization for Migration (IOM), UN-Women, the United Nations Office on Drugs and Crime (UNODC) and the Regional Coalition against Human Trafficking and Migrant Smuggling (CORETT) to combat trafficking in persons; and (ii) in 2023, the Standing Technical Committee for Information, Analysis and Investigation held meetings with the Warnath Group, the IOM, CORETT and the IBCR with the purpose of aligning their initiatives concerning the development of platforms for gathering information and projecting data on trafficking in persons and migrant smuggling. According to the Government’s report on the Forced Labour Convention, 1930 (No. 29), in 2022 the Migration Police carried out joint investigations with the Panamanian police in coordination with the USA Homeland Security Investigations Office, under the direction of the Public Prosecutor’s Office, leading to the dismantling of a transnational criminal organization dedicated to the crime of trafficking in persons for the sexual exploitation of minors. The Committee welcomes the Government’s efforts and encourages it to pursue international cooperation to eliminate commercial sexual exploitation of children and trafficking in persons for this purpose. In this respect, it requests the Government to continue to provide information on the ongoing international cooperation activities, and on the results achieved thereof.