Tatiana Rojas as partner of AGUILAR CASTILLO LOVE, a firm with presence in Latin America, has worked for multinational companies, with legal issues in different countries in the areas of Corporate Law, Mergers & Acquisitions, Regulatory, Compliance and Anti-Corruption, on the other hand she leads the initiatives of Women’s Leadership and Pro Bono in Latin America.
Member of the Anti-Corruption Commission of the ICC Costa Rica; Co - Founder and President of the World Compliance Association, Costa Rica Chapter; and Co - Founder and President of Women in the Profession, Costa Rica Chapter of the Cyrus Van Center for International Justice, New York.
Compliance has been seen as the invisible investment that at first glance does not necessarily show short-term economic results, but whose absence can generate decisive negative consequences for an organization.
In Costa Rica, since 2019, its presence has been made visible with the approval of the Law on Criminal Liability of Legal Entities, on domestic bribery, transnational bribery and others, Law number 9699. This Law contemplates in its Regulations the adoption of an optional model of organization, crime prevention, management and control, as well as transparency and business ethics programs, among others, which must necessarily be related to the risks inherent to the company’s activity.
Thus, the term Compliance Programs, is referred to as the programs that are meant to provide the necessary care measurements to guarantee a business with or without the lowest risk, and the adoption of technical, organizational and personal fundamental precautionary and control measurements, required to guarantee the legal development of the company’s activity carried out by any of its members and with the aim of avoiding criminal liability of the legal entity.
As we commemorate in the month of March, the tribute to the Women who have paved the way for those of today, as we continue working for them and for those who are here and for those who are coming, because investing in Women is accelerating social progress, as indicated by the campaign theme of the United Nations in 2024. That is why this article is oriented towards the importance of Compliance from Gender Equality.
As Compliance, Gender Equality is not a passing trend, we are facing the present and the future in the way of doing business correctly, transparently, ethically, and most importantly with justice.
From this perspective, Compliance must also address Gender Equality. Different studies have shown that companies must take more concrete and decisive action regarding the handling of Gender Equality, as a business priority, from the establishment of objectives to the responsibility of leaders for the results. The above requires closing gender gaps in hiring and promotions, especially from recruitment.
The Women in the Workplace 2023 study, by McKinsey and LeanIn.Org, focuses on giving companies information and tools to advance gender equality issues in the workplace, based on data from more than 270 companies that employ over 10 million people. This report revealed that while at the top of the chain of command, women’s representation has increased from 17 to 28 percent, progress has been slow at the middle levels, creating a weakness in the middle of the chain, for employees who represent the majority of women in companies. We cannot celebrate an increase from 17 to 28 percent in gender equality in the 21st century. This means something is missing from the execution line. Efforts should be focused on Gender Equality criteria that are universally necessary and fundamental, perceptible to anyone, as a human right and avoid controversial criteria, as a strategy for better progress.
The focus of an Organization should always be to promote employees as individuals. To achieve this, company culture and philosophy is fundamental and can be promoted through Gender Equity compliance programs, which aims to foster a healthy and fair culture so that opportunities and initiatives are not held back by subjectivities. Continuous improvement knows no gender.
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