A/HRC/42/2
principle of equality required instead the adoption of concrete policies and actions to ensure
an effective compliance with the international standards.
738. In order to operationalize the right to free, prior and informed consent and ensure the
participation of indigenous peoples in decision-making processes on issues that directly
affected them, Costa Rica had established, with the help of the United Nations System, a
“General Mechanism for Consultation of Indigenous Peoples”. Additionally, Costa Rica had
continued to dialogue with indigenous peoples in order to end the conflicts related to land
tenure through the “National Plan for the Recovery of Indigenous Territories of Costa Rica
(PLAN-TRI) 2016-2022”. Costa Rica was also pleased to report the adoption, in 2018, of the
law no. 9593, which constituted a paradigm shift in the administration of justice in relation
to indigenous peoples in the country. The law assigned priority status to the procedures
involving indigenous people and recognised their right to receive information in their mother
tongue and have an interpreter paid by the State. It also provided the possibility for judges to
order cultural assessments in order to take into account indigenous peoples’ customs and
traditions.
739. Regarding the killing of the indigenous leader Sergio Rojas, the District Attorney and
the judicial police were conducting the necessary investigations and Costa Rica was
collaborating with the special procedure mandate holders to provide them with the
information required on this case. Costa Rica also maintained an open invitation to special
procedure mandate holders.
740. Costa Rican legislation prohibited all forms of child, early and forced marriage. In
addition, Law 9406 on improper relations criminalized sexual relations with a minor when
the latter was under 15 years of age, if the age difference with the partner was of five or more
years, and when the minor was between 15 and less than 18 years old, if the age difference
between the two was of 7 years or more.
741. Costa Rica also reported important progresses in the situation of the rights of LGBTI
people and was pleased to report on a series of administrative measures aimed at combating
discrimination based on sexual orientation and gender identity by ensuring nondiscrimination in public institutions and allowing gender identity in public documents. Costa
Rica recognized the primary role that civil society had played in this process, together with
actions undertaken by the State, such as the request of an Advisory Opinion to the InterAmerican Court of Human Rights on the incompatibility with the Inter-American Convention
on Human Rights of the norms that prohibited marriage between two persons of the same
sex. As a result, Costa Rica had taken the necessary measures to ensure that these norms were
reformed or effectively repealed from the year 2020.
742. Costa Rica acknowledged that violence against women remained a challenge. It
reaffirmed its commitment to women’s security and pledged to take strong measures in order
to reduce the rates of femicide and violence against women and guarantee the sexual and
reproductive health rights of this population.
743. Internationally, Costa Rica was recognized for its respect, protection and promotion
of human rights and for its commitment to the principles of international human rights law.
It was a country with a legislative and institutional environment characterised by the values
of humanism, pluralism, participation and tolerance, which favoured the progressive
realization of human rights. Costa Rica registered concrete advances in the promotion and
respect of human rights. However, as in any democratic system, a number of important
challenges remained, making necessary to build a culture of respect and non-discrimination.
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