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Costa Rica
Summary of Domestic Prohibition
Slavery and slave trade
Provisions related to slavery are found in the Constitution at article 20 which declares that ‘every person is free in the Republic; whoever is under the protection of its laws may not be a slave’. Slavery may also form an element of trafficking in persons, prohibited under article 172 of the Penal Code.
Practices similar to slavery and servitude
There appears to be no legislation in place in Costa Rica which prohibits institutions and practices similar to slavery, although practices similar to slavery, servile marriage, and illegal adoption amay form elements of trafficking in persons under article 172 of the Penal Code.
Servitude
There appears to be no legislation in place in Costa Rica which prohibits servitude, although sexual servitude is prohibited as an element of trafficking in persons under article 172 of the Penal Code.
Forced or compulsory labour
Provisions related to forced labour in Costa Rica are found in the Penal Code, which criminalises forced labour at article 189 bis. Forced labour is also prohibited when committed as an element of trafficking in persons under article 172 of the Penal Code
Human trafficking
Provisions related to trafficking in persons are found in the Penal Code at article 172 and in Law 9095 Against Trafficking in Persons. Trafficking of minors is also prohibited at article 376 of the Penal Code
Forced marriage
Provisions related to forced marriage in Costa Rica are found in the 2020 Penal Code, which addresses abduction for the purpose of marriage at Article 165, with a potential penalty from three months to one year and a half. Article 177 also addresses marrying while concealing an impediment that causes absolute nullity from the other contracting party, with a potential penalty of imprisonment from two to six years.
Consent to marriage
Provisions requiring consent to marriage in Costa Rica are found in the Family Code 2020, article 13 of which states that for a marriage to exist, the consent of the contracting parties must be manifested accordingly. Article 15 further recognises that the consent of a party or prospective party to a marriage is invalidated where the person is subjected to coercion.
Servile marriage
There appears to be no legislation in Costa Rica that prohibits servile matrimonial transactions.
Marriage trafficking
Provisions related to marriage trafficking in Costa Rica are found in the Penal Code 2020, which prohibits crime of trafficking for practices similar to slavery at Article 172, with a potential penalty of imprisonment from six to ten years. Legislation in Costa Rica also prohibits abduction for marriage under Article 165 of the Penal Code 2020, with a potential penalty of imprisonment of six months to three years. Article 6 and 7 of the LAW 9095 AGAINST TRAFFICKING IN PERSONS 2012 also prohibits trafficking for practices similar to slavery and forced or servile marriage. Forced or servile marriage is defined as a “practice by virtue of which a person, without the right to oppose, is promised or given in marriage in exchange for a traded in money or in kind given to their fathers, mothers, to your guardian, your family or any another person or group of people. Forced or servile marriage is also It also occurs when a person marries and is subjected to exploitation”.
Minimum age for marriage
The minimum age for marriage in Costa Rica is 18, without differentiation by gender, as set out on Article 14 of the 2002 Family Code. Where marriages are conducted involving a person below the minimum age, the marriage is null ex officio, as set out on Article 140 of the 1887 Civil Code. There are no exceptions allowing marriage below this minimum age.
Region
Latin America and Caribbean
Regional Court
Inter-American Court of Human Rights
Legal System
Civil
International Instruments
International Obligations
- Slavery
- Servitude
- Forced Labour
- Human Trafficking
- Marriage Trafficking
Regional Organisations
- Inter-American Court of Human Rights
- Organisation of American States
Legislative Provisions
THE CONSTITUTION OF COSTA RICA 1949 (REV. 2011)Article 20 Every person is free in the Republic; whoever is under the protection of its laws may not be slave [masculine] or slave [feminine]. Article 56. Work is a right of the individual and an obligation with society. The State must procure that everyone has an honest and useful occupation, duly remunerated, and because of this to impede the establishment of conditions that in some form diminish the freedom or the dignity of man or degrade his work to the condition of simple merchandise. The State guarantees the right to free election of [a] job. The Constitution of Costa Rica 1949 (Revised 2011) (PDF)
Article 20
Every person is free in the Republic; whoever is under the protection of its laws may not be slave [masculine] or slave [feminine].
Article 56.
Work is a right of the individual and an obligation with society. The State must procure that everyone has an honest and useful occupation, duly remunerated, and because of this to impede the establishment of conditions that in some form diminish the freedom or the dignity of man or degrade his work to the condition of simple merchandise. The State guarantees the right to free election of [a] job.
PENAL CODE, AS AMENDED IN 2019Article 5. Concept of trafficking Trafficking in persons shall mean the promotion, facilitate or promote the entry or leave the country or movement within the national territory, of persons of either sex for one or more events prostitution or subject them to exploitation or servitude, either sexual or labor, slavery or practices similar to slavery, forced labor or services, marriage servile, forced begging, illegal logging illegal adoption or organ. Article 7 Definitions For the purposes of this Act are defined as follows: j ) Slavery : status and social status in which a person is lacking freedom and rights by being subjected so absolute to the will and dominion of other. Article 172. Trafficking in persons A person shall be punished with imprisonment for six to ten years, who promotes, facilitates or favors the entry or exit of the country, or the movement within the national territory, of persons of any sex to perform one Or acts of prostitution or exploitation, sexual or labor bondage, slavery or practices similar to slavery, forced labor or services, servile marriage, begging, unlawful removal of organs or unlawful adoption. The penalty of imprisonment shall be from eight to sixteen years, if one of the following circumstances also occurs: a) The victim is under eighteen years of age or is in a situation of vulnerability or disability. b) Deception, violence or any means of intimidation or coercion. c) The author is a spouse, partner or relative of the victim up to the third degree of consanguinity or affinity. d) The author prevails over his relationship of authority or trust with the victim or his family, whether or not the relationship is related. e) The author takes advantage of the exercise of his profession or the role it performs. f) The victim suffers serious damage to his health. g) The offense is committed by a criminal group composed of two or more members. (As amended by article 19 of the Law on Protection of Victims, Witnesses and other participants in Criminal Procedure No. 8720 of March 4, 2009.) Article 192.- Imprisonment exacerbated The term shall be four to ten years when it deprives another of his liberty personal. Law 9095 against Trafficking in Persons 2012 (PDF)
Article 169. Pimping
Whoever promotes the prostitution of persons of either sex or induces or maintains them in prostitution or recruits them for that purpose shall be punished by imprisonment for two to five years. The same penalty shall be
impose on anyone who holds another person in sexual servitude
Article 170. Aggravated pimping
The penalty shall be four to ten years imprisonment when one of the actions provided for in the previous article is carried out and one of the following circumstances occurs:
1) The victim is under eighteen years of age.
2) There is deception, violence, abuse of authority, a situation of need of the victim or any means of intimidation or coercion.
3) The perpetrator is an ascendant, descendant, sister or brother of the victim.
4) The perpetrator is an uncle, aunt, niece, nephew, cousin or cousin of the victim.
5) The perpetrator is a stepmother, stepfather, half-sister or half-brother of the victim.
6) The perpetrator is a guardian, or in charge of the education, custody or care of the victim.
7) The perpetrator carries out the conduct against one of the relatives of the victim’s spouse or partner, indicated in points 3) and 4) above.
8) The perpetrator takes advantage of his/her relationship of trust with the victim or his/her family, whether or not there is a family relationship.
Article 171. Coerced pimping
Whoever coerces a person into prostitution, even partially, by exploiting the proceeds of that activity, shall be punished by imprisonment of two to eight years.
The penalty shall be:
1) Prison from four to ten years, if the offended person is under thirteen years of age.
2) Prison from three to nine years, if the offended person is older than thirteen, but younger than eighteen.
Article 172. Trafficking in human beings
Anyone who, by using technology or any other means, by means of the threat, use of force or other forms of coercion, abduction, fraud, deception, abuse of power, a situation of vulnerability, or the granting or receipt of payments or benefits to obtain the consent of a person having authority over another, promotes, facilitates, favours or executes the recruitment or transfer, shall be punished by imprisonment for six to ten years, the transportation, harbouring, concealment, holding, delivering or receiving of one or more persons within or outside the country for the purpose of forced labour or services and other forms of labour exploitation, servitude, slavery or practices similar to slavery, servile or forced marriage, illegal adoption, forced begging, forced pregnancy and forced abortion, and the carrying out of any form of sexual exploitation.
The penalty shall be imprisonment from eight to sixteen years, if, in addition, any of the following circumstances apply
a) The victim is under eighteen years of age, an adult or a disabled person.
b) The perpetrator is the spouse, partner or relative of the victim up to the third degree of consanguinity or affinity.
c) The perpetrator takes advantage of his relationship of authority or trust with the victim or his family, whether or not there is a family relationship.
d) The perpetrator takes advantage of the exercise of his profession or of the role he plays.
e) The victim suffers serious damage to his/her health, death or death by suicide as a consequence of the action of trafficking in persons described above.
(f) The punishable act has been committed by a criminal group composed of two or more members.
Whoever promotes, facilitates, favours or executes the recruitment, transfer, transport, accommodation, concealment, retention, delivery or reception of one or more persons within or outside the country, for the illicit extraction or transplantation of human organs, tissues, cells or fluids, shall be punished with the penalty indicated in the first paragraph of this Article.
In the case of minors, the methods of execution described in the first paragraph of this Article need not be used to establish the offence.
Article 175 bis. Sanction to owners, lessors, administrators or owners of establishments
The owner, lessor, possessor or administrator of an establishment or place that destines or benefits from trafficking in persons, the smuggling of migrants or their related activities shall be punished with imprisonment of between three and five years.
Article 189 bis. Forced labour or services
Whoever induces, maintains or subjects one or more persons to perform work or services under force, deception, coercion or threat shall be punished by imprisonment for six to ten years.
The penalty shall be imprisonment from eight to sixteen years if the victim is under eighteen years of age or in a vulnerable or disabled situation.
In no case shall the consent given by the victim exempt him/her from criminal liability.
Article 192. Deprivation of liberty
The penalty of imprisonment will be from four to ten years when another is deprived of his personal freedom, if any of the following circumstances:
1) When the victim is a person under the age of eighteen
Of age or is in a situation of vulnerability or disability.
2) By coercion, deception or violence.
3) Against the spouse, cohabiting partner or relative up to the third degree of consanguinity or affinity, or a public official.
4) When it lasts more than twenty-four hours.
5) When the author prevails of his relation of authority or trust with the victim or his family, it mediates or not relation of kinship.
6) When the author takes advantage of the exercise of his profession or the role it performs.
Article 192 bis. Abduction of the minor or disabled person
It will be repressed with imprisonment of ten to fifteen years, who deprives a person under age or with cognitive or physical disability, of the power of their parents, guardians, curators, tutors or persons in charge. The penalty shall be from twenty to twenty-five years’ imprisonment, if the victim is subjected to serious or very serious injuries, and from thirty-five to fifty years in prison if he dies.
When parents, guardians, guardians, guardians or persons in charge who remove or retain a minor, disabled person or person with no capacity to resist, shall be punished with imprisonment of twenty to twenty-five years.
Article 193. Coercion
He will be punished with a prison sentence of three to five years, who by serious threat or physical or moral violence compels a person to do, not do or tolerate something that is not bound.
Article 376. Trafficking of minors
It shall be punished with imprisonment from eight to sixteen years, who promotes, facilitates or favors the sale, for any purpose, of a person under age and therefore receives any kind of payment, reward, financial reward or otherwise. The same penalty shall be imposed on anyone who pays, gratifies or rewards in order to purchase the minor.
The prison shall be from ten to twenty years, when the author is an ascendant or relative up to the third degree of consanguinity or affinity, custodian, custodian or any person who exercises the representation of the person under age. The same penalty shall be imposed on the professional or public official who sells, promotes, facilitates or legitimizes, through any act, the sale of the minor.
The professional and public official shall also be imposed on the duration of the maximum sentence for the exercise of the profession or office in which the event occurred.
Article 377 bis. Illicit trafficking in human organs, tissues and / or fluids
A prison sentence of eight to sixteen years shall be punishable by the possession, transportation, sale or illicit purchase of organs, tissues and / or human fluids.
LAW 9095 AGAINST TRAFFICKING IN PERSONS 2012
Article 5. Concept of trafficking
Trafficking in persons shall mean the promotion, facilitate or promote the entry or leave the country or movement within the national territory, of persons of either sex for one or more events prostitution or subject them to exploitation or servitude, either sexual or labor, slavery or practices similar to slavery, forced labor or services, marriage servile, forced begging, illegal logging illegal adoption or organ.
Article 7 Definitions
For the purposes of this Act are defined as follows:
j ) Slavery : status and social status in which a person is lacking freedom and rights by being subjected so absolute to the will and dominion of other.
Article 172. Trafficking in persons
A person shall be punished with imprisonment for six to ten years, who promotes, facilitates or favors the entry or exit of the country, or the movement within the national territory, of persons of any sex to perform one Or acts of prostitution or exploitation, sexual or labor bondage, slavery or practices similar to slavery, forced labor or services, servile marriage, begging, unlawful removal of organs or unlawful adoption. The penalty of imprisonment shall be from eight to sixteen years, if one of the following circumstances also occurs:
- a) The victim is under eighteen years of age or is in a situation of vulnerability or disability.
- b) Deception, violence or any means of intimidation or coercion.
- c) The author is a spouse, partner or relative of the victim up to the third degree of consanguinity or affinity.
- d) The author prevails over his relationship of authority or trust with the victim or his family, whether or not the relationship is related.
- e) The author takes advantage of the exercise of his profession or the role it performs.
- f) The victim suffers serious damage to his health.
- g) The offense is committed by a criminal group composed of two or more members.
(As amended by article 19 of the Law on Protection of Victims, Witnesses and other participants in Criminal Procedure No. 8720 of March 4, 2009.)
Article 192.- Imprisonment exacerbated
The term shall be four to ten years when it deprives another of his liberty personal.
THE CONSTITUTION OF COSTA RICA 1949 (REV. 2011)
Article 52
Marriage is the essential basis of the family and rests on the equality of rights of the spouses.
Costa Rica ConstitutioN 1949 (REV 2011) – Constitute Project – English (PDF)
PENAL CODE (LAW 4573) AS 2020
Title III Sexual Offences
SECTION II RAPTURE
ARTICLE 165.-When the abduction has been carried out for the purpose of marriage and it could be celebrated, the penalties provided for in the previous articles will be reduced by half. The same decrease is will apply when the perpetrator restores her freedom to the abducted or places her in a safe placed isposition of his family without having attempted any dishonest act
Section III Corruption, procuring, ruffianism
Article 172.- Crime of trafficking in persons
Whoever promotes, facilitates or favors the entry or exit of the country, or the displacement within the national territory, of persons of either sex to carry out one or more acts of prostitution or subject them to exploitation, sexual or labor servitude, slavery or practices similar to slavery, forced labor or services, servile marriage, begging, illegal removal of organs or irregular adoption.
The prison sentence will be from eight to sixteen years, if, in addition, any of the following circumstances:
a) The victim is under eighteen years of age or is in a situation of vulnerability or disability.
b) Deception, violence or any means of intimidation or coercion.
c) The perpetrator is the victim’s spouse, partner or relative up to the third degree of consanguinity or affinity.
d) The perpetrator prevails over his relationship of authority or trust with the victim or his family, whether or not he is related.
and)
The author takes advantage of the exercise of his profession or of the function that plays.
f) The victim suffers serious damage to his health.
g) The punishable act was committed by a criminal group made up of two or more members.
Title IV Crimes against the family
Section I Illegal marriages
Article 176.– Those who get married, both knowing that there is an impediment that causes their nullity absolute
ARTICLE 177.-Concealment of the impediment.
Anyone who marries will be punished with a prison term of two to six years when,
Knowing that there is an impediment that causes absolute nullity, I will hide this circumstance from other contracting party.
ARTICLE 178. – Marriage simulation.
He will suffer a prison term of two to five years, the one who by deceit simulates marriage with a person.
ARTICLE 179.- Responsibility of the official.
The public official who knowingly authorizes a marriage of those included in the previous articles, will be repressed with the penalty that is determined in them increased by one third in the judgment of the Judge. If he acted by fault, the penalty will be a fifteen to sixty day fine.
Article 181.- Guardian responsibility
A fine of fifteen to ninety days will be imposed on the guardian who, before the approval of your accounts, marry, or consent to it being contract their children or descendants with the person who has or has had under guardianship unless the father, mother or legal representative of the latter has authorized the marriage in your will.
LAW 9095 AGAINST TRAFFICKING IN PERSONS 2012
Article 5. Concept of trafficking
Trafficking in persons shall mean the promotion, facilitate or promote the entry or leave the country or movement within the national territory, of persons of either sex for one or more events prostitution or subject them to exploitation or servitude, either sexual or labor, slavery or practices similar to slavery, forced labor or services, marriage servile, forced begging, illegal logging illegal adoption or organ.
Article 7 Definitions
For the purposes of this Act are defined as follows:
…
m) Forced or servile marriage: all practice by virtue of which a person sona, without the right to oppose, is promised or given in marriage in exchange for a traded in money or in kind given to their fathers, mothers, to your guardian, your family or any another person or group of people.
Forced or servile marriage also occurs when a person marries and is subjected to exploitation.
…
r) Practices Similar to Slavery: inincludes debt bondage, labor servitude (of the gleba), the forced or servile marriages and delivery of minors,for their sexual or labor exploitation.
Costa Rica Trafficking in Persons Law 2012 – Spanish (PDF)
FAMILY CODE (AS 2020)
Family Code, current as of 2020
Article 11.- Marriage is the essential basis of the family and its object is life in common, the cooper mutual aid.
Article 12.– Any condition contrary to the essential purposes of marriage is void
Article 13.- For a marriage to exist, the consent of the contracting parties must be manifested accordingly. express
Article 14.- Marriage is legally impossible:
7) Of the person under eighteen years of age.
Article 15.- The marriage is voidable:
1) In the event that one or both spouses have consented due to violence or serious fear, or by mistake regarding the identity of the other.
2) Whoever lacks, in the act of celebrating, volitional or cognitive ability
3) (Repealed by Article 4 of Law No. 8571 of February 8, 2007)
4) Of the incapable due to absolute or relative impotence, provided that the defect is due to its incurable nature and prior to the marriage
5) When it is held before an incompetent official.
Article 18.- The marriage celebrated by the people to whom paragraphs 1) and 2) of article 15 refer, will be revalidated without the need for an express declaration due to the fact that the spouses do not separate during the month following the discovery of the error, the cessation of serious fear or violence, or the person recovering their volitional or cognitive capacity.
Article 20.- The marriage of the powerless person will be revalidated when two years are allowed to elapse without re nullity
Article 64.- The nullity of the marriage, provided for in article 14 of this law, will be declared ex officio. The Civil Registry does not in marriage of persons under eighteen years of age.
In the case of simulated marriage, annulment may also be requested by either spouse, the director of the Regis director of the General Directorate of Migration and Foreigners or by any person harmed by the marriage. Both institutions file the corresponding jurisdictional action, under the representation of the Office of the Attorney General of the Republic
Article 65.– The annulment of marriages referred to in article 15 may be sued:
a) In the event that one or both spouses have consented due to error, violence or serious fear, for the spouse who is a victim of error, violence or serious fear;
b) When the marriage of any person who lacks volitional or cognitive capacity is celebrated, by the spouse who does not lack it and by the parents or guardian of the person who lacks volitional or cognitive capacity cognitive.
(*) Subsection b) of article 65 was amended by article 80 of Law No. 7600 of May 2, 1996, published in La Gaceta No. 102 of May 29, 1996.
c) REPEALED
(*) Subsection c) of article 65 is repealed by article 4 of Law No. 8571 of February 8, 2007, published in La Gaceta No. 43 of March 1, 2007.
d) In the case of relative impotence, by either spouse; and in case of absolute impotence, only by the spouse who does not suffer from it; and
e) In the case of celebration before an incompetent official, any of the contracting parties.