This document is intended to give you basic information on the functioning of Costa Rica`s criminal justice system. It does not replace legal advice, which can only be provided by a lawyer licensed in Costa Rica. It should also be read in conjunction with the booklet Guide for Canadians Imprisoned Abroad. Observers expressed concern about abusive working conditions in the fisheries, small business and agriculture sectors. Trade unions also reported systematic violations of labour rights and provisions on working conditions, overtime and wages in export processing zones. Trade unions reported that overtime violations such as non-payment of wages and compulsory overtime were common in the private sector, particularly in export processing zones and agriculture. There were reports that agricultural workers, particularly migrant workers in the pineapple industry, worked in hazardous conditions, including exposure to hazardous chemicals without proper training. The national insurance company reported 42,115 cases of work-related illness and injury and 23 workplace fatalities from January to June. Women and people of African descent are represented in government, but indigenous people are not. In national elections, political parties must ensure gender parity on their electoral lists and confirm that gender parity extends vertically. The electoral law stipulates that at least 50 per cent of candidates for elected office must be women, with their names alternately placed with men on the ballot papers according to party lists. While the Department of Labor is responsible for enforcing and taking administrative action against possible violations or non-compliance with child labor laws, the prosecutor`s office intervenes in cases involving the worst forms of child labor.
The government did enforce the law. As with other labour laws, the power to sanction employers for violations rests exclusively with the judiciary, and the law requires labour inspectors to take legal action against the judiciary after the administrative procedure has been exhausted. The amount of fines and fees depends on the severity of the violation and is based on an equation derived from the minimum wage. The penalties were similar to those for other similar offences such as kidnapping. Access to asylum: The law provides for the granting of asylum or refugee status, and the government has an established system to protect refugees. The law requires the authorities to process applications within three months of receipt, but decisions took an average of 24 months and an additional 12 months for the appeal process. In July, the Inter-American Commission on Human Rights decided to consider a case concerning the Teribe indigenous peoples. The complaint alleges that the government is ignoring the indigenous institutions and authorities of the Teribe people and restricting their governmental rights. One of the violations documented was the construction of a hydroelectric project in Puntarenas, which the government suspended in 2018. Dual nationality is recognized by law in Costa Rica. However, citizens of Costa Rican origin are considered Costa Rican citizens in the judicial system. The Embassy of Canada may therefore be limited in its ability to provide you with consular services if you are considered a Costa Rican citizen.
For more information, see Travelling as a dual citizen. discrimination: women enjoy the same legal status and rights as men; However, the law restricts women`s ability to work the same hours as men or in sectors considered dangerous. The law prohibits discrimination against women and obliges the government to promote political, economic, social and cultural equality. The law requires that women and men receive equal pay for equal work. The government has effectively enforced the laws, even though an official study reported a 13% wage gap for high-skilled jobs. In a civil court, the power of attorney must be granted by means of an authentic instrument printed in the notary`s public ledger. It is signed by the party who gives power of attorney before the notary. Depending on the scope of the authorization granted, it may be registered in the national register so that the authorization becomes legally effective. The Costa Rican criminal justice system follows the continental European tradition. Unlike Canada, there is no jury system in Costa Rica. A trial is conducted by a single judge or a panel of three judges, depending on the possible sentence resulting from the charges.
The rights of the accused are paramount in Costa Rican law and most criminal cases are never tried. The judiciary has very limited resources to investigate or prosecute, and bribery and corruption often derail cases that are gaining ground. The Ministry of Justice was responsible for the penitentiary system, while the Immigration Department maintained a migration centre in Heredia where illegal migrants were detained until they were deported or legalized their migration status. Refugees and asylum-seekers reported that access to health services was difficult. They were only eligible for public health services if they were minor, pregnant, or facing a life-threatening emergency, but some people reported being denied services, even in emergency situations. In February, UNHCR signed an agreement with the social security system to extend health insurance coverage to refugees and asylum-seekers. The Costa Rican criminal justice system provides for the possibility of a so-called short trial (proceso abreviado). It is a procedure that can be used for any crime, as long as the accused admits the alleged acts and accepts the use of the short trial. The prosecutor must also consent to this. As a result of this process, the minimum sentence imposed was reduced by one-third. The Wage Council of the Ministry of Labour sets the minimum wage scale for the public and private sectors twice a year. Monthly minimum wages were above the poverty line.
The national minimum wage applies to both Costa Rican and migrant workers. The law establishes working hours, overtime pay, rest days and annual leave. Employees are generally allowed to work a maximum of eight hours per day or 48 hours per week. Workers are entitled to one day of rest after six consecutive days of work, except in agriculture, and to paid annual leave. The law states that workers are paid 50 percent above their agreed overtime wages. Although there is no legal prohibition of compulsory overtime, the Labour Code stipulates that the working day may not exceed 12 hours, except in the agricultural sector, when “there is an imminent risk of causing harm. for harvesting”, if work cannot be interrupted and workers cannot be replaced. Although women can work in the same industries as men, there are legal restrictions on limiting women`s working hours and tasks. Women and children are prohibited from engaging in occupations considered dangerous by law. The government did enforce minimum wage and overtime laws, particularly in the formal sector, and penalties were similar to those for similar labor violations.