E. Other measures requested
E.1. Requests of the Commission and the parties
96.
The Commission asked that the state be ordered to adopt measures promoting the
employment of persons with disabilities in the public sector and enabling them to remain in
their positions and receive promotions.
97.
The representative asked the Court to order the State (a) to declare that it would
fully comply with Costa Rican and international law as regards disability; (b) to make Costa
Rican sign language universal in primary and secondary school, as well as ensure that the
curriculum takes an inclusive and human rights approach; (c) to establish professional
training programs with a system of scholarships for the population of persons with
disabilities; (d) to establish an admissions quota for persons with disabilities in the public
and private sector; (e) to establish sports and cultural programs that are inclusive of the
population of persons with disabilities and launch a campaign on the social inclusion of
persons with disabilities; (f) to ensure that persons with disabilities are hired in all offices
and agencies; (g) to correct the laws and regulations that protect persons with disabilities
from the moment of hiring; and (h) to establish a dissemination and promotional program
to ensure that in the private sector, companies that can hire persons with disabilities do so,
not only in the framework of social responsibility but also as part of their inclusive hiring
projects.
98.
The state reported on the implementation of a series of measures aimed at
promoting compliance with the human rights of persons with disabilities, which include
the adoption of legislation and the execution of government plans and actions.
E.2. Considerations of the Court
99.
The Court recalls that in this case, it has not been established that Costa Rica's
policy on protecting the rights of persons with disabilities had any legal impacts. This
Court also notes that the state has taken legislative and public policy action aimed at
achieving equality and preventing employment discrimination against persons with
disabilities.108 Therefore, the Court does not deem it pertinent to order general measures
Specifically, the State pointed to the adoption of the following measures and their main components:
the adoption of the Equal Opportunities for Persons with Disabilities Act (1996) and its Regulations (1998);
the approval of the Inter-American Convention on the Elimination of All Forms of Discrimination Against
Persons with Disabilities (1999); the adoption of Executive Order 027-2001 (2001); the creation of the Equal
Opportunities Unit for Persons with Disabilities of the Ministry of Labor and Social Security (2002); the creation
of the Inter-agency Technical Commission on the Employability of Persons with Disabilities (2006); the
adoption of an institutional policy on Equality for Persons with Disabilities in the Judiciary (2008); the adoption
of a resolution of the General Directorate of the Civil Service on hiring of people with disabilities in the public
sector under the Civil Service Regime (2008); the approval of the Convention on the Rights of Persons with
Disabilities (2008); the adoption of the Inclusion and Labor Protection for People with Disabilities in the Public
Sector Act (2010); the adoption of a National Disability Policy (2011); the adoption of the National Plan for
Labor Insertion of the Population of Persons with Disabilities (2012); the creation of institutional committees
on accessibility and disability (2013); the creation of the inter-agency coordination protocol on training and
employing persons with disabilities (2014); the adoption of the Pact for an Accessible and Inclusive country
(2014); the transformation of the CNREE into the National Council for Persons with Disabilities (2015); the
adoption of the Labor Procedure Amendment (2016); the adoption of the Promotion of the Personal Autonomy
of Persons with Disabilities Act (2016); the creation of the ABC of labor inclusion of people with disabilities
(2017); the creation of the Disability Certification Service (2017); the adoption of the Empléate Inclusivo
Program (2017); the creation of the National Commission on Employability and Jobs for Persons with
Disabilities (2019); the creation of the National Employment System (2019); the constitutional reform for the
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