C. Principal subjects of concern and recommendations

Discrimination on grounds of sexual orientation or gender identity

11. The Committee notes the various steps taken to combat discrimination on grounds of sexual orientation and gender identity. It is nevertheless concerned at the lack of a policy that comprehensively addresses this type of discrimination. It is also concerned at reports of cases of abuse and violence, including by officials, against lesbian, gay, bisexual, transgender and intersex (LGBTI) persons and regrets that the State party did not provide any information on the relevant investigations (arts. 2, 7 and 26).

12. The State party should take tangible steps to put an end to discrimination against and the social stigmatization of LGBTI persons in order to send an unequivocal message that no form of harassment, discrimination or violence on grounds of sexual orientation or gender identity will be tolerated. All cases of violence should be investigated and the perpetrators brought to justice and punished appropriately.

Discrimination against persons living with HIV/AIDS

13. The Committee commends the State party on its efforts to combat discrimination against persons living with HIV/AIDS. However, it is concerned at reports that persons living with HIV/AIDS, especially those belonging to marginalized or disadvantaged groups such as persons deprived of their liberty, LGBTI persons and migrants in an irregular situation, are discriminated against and face problems finding employment and accessing health services and medical treatment (arts. 2 and 26).

14. The State party should adopt specific measures to raise awareness of HIV/AIDS with a view to countering prejudice against and negative stereotypes of persons living with HIV/AIDS. It should step up its efforts to ensure that persons living with HIV/AIDS, particularly persons deprived of their liberty, LGBTI persons and migrants in an irregular situation, enjoy equal access to health care and medical treatment.

Judicial independence

31. The Committee is concerned by the information provided by the delegation about the disciplinary proceedings initiated against a family court judge for having recognized a de facto union between two young people of the same sex, inasmuch as that represents a serious concern with regard to judicial independence (arts. 14 and 17).

32. The State party should ensure and protect the independence and impartiality of judges and guarantee that judicial decisions are taken free from any type of pressure or interference.

Link to full text of the report: Concluding Observations-CCPR-Costa Rica-2016-eng