Section 2. Respect for Civil Liberties, Including:
a. Freedom of Expression, Including for the Press
The constitution provides for freedom of expression, including for the press, and the government generally respected this right. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of expression, including for the press.
Censorship or Content Restrictions: On July 15, a daily newspaper filed a petition for constitutional protection before the Constitutional Court against the government for allegedly denying access to information during the daily coronavirus pandemic press briefings, arguing that journalists should not be limited in the number of questions they ask. The association of journalists also pressed the government to explain its communication strategy.
The government did not restrict or disrupt access to the internet or censor online content, and there were no credible reports the government monitored private communications without appropriate legal authority.
Academic Freedom and Cultural Events
There were no government restrictions on academic freedom or cultural events.
b. Freedoms of Peaceful Assembly and Association
The constitution provides for the freedoms of peaceful assembly and association, and the government generally respected these rights.
c. Freedom of Religion
d. Freedom of Movement
The law provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights.
e. Status and Treatment of Internally Displaced Persons
f. Protection of Refugees
The government cooperated with UNHCR and other humanitarian organizations in providing protection and assistance to internally displaced persons, refugees, returning refugees, asylum seekers, stateless persons, or other persons of concern.
Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has an established system for providing protection to refugees. The law requires authorities to process the claims within three months of receipt, but decisions took an average of 24 months and an additional 12 months for the appeals process.
The coronavirus pandemic affected persons seeking asylum. During the first months of the year, the Migration Authority handled a growing number of migrants requesting refugee status, with the majority from Nicaragua. The number of asylum seekers dropped significantly when Costa Rica closed its borders in March, from an average of 2,000 new claims per month to fewer than 100 per month. Asylum seekers could seek refugee status at the borders only. Submission of asylum claims and interviews were conducted only at the borders, except in cases in which individuals were known to be at immediate risk or for national security reasons. As of March 17, asylum seekers filed claims by email if they were in the country before the pandemic started. As of July migration authorities reported receiving 11,022 asylum claims, of which three-fourths were made by Nicaraguans. The average time for resolving a pending asylum claim was 24 months from the submission of the asylum request; however, after March 17, no interviews were scheduled due to COVID-19. As of July the Migration Authority estimated 2,500 Nicaraguan asylum seekers had withdrawn their asylum requests and decided to return to Nicaragua.
As of June 30, the Appeals Tribunal, which adjudicates all migration appeals, had a backlog of 361 asylum cases but stated these figures would increase as pending claims moved to the appeals process. UNHCR provided support to the Refugee Unit and the Appeals Tribunal to hire additional legal and administrative personnel to assist with reduction of the backlog and to continue a process of regionalization of services.
Employment: Refugee regulations provide asylum seekers an opportunity to obtain work permits if they have to wait beyond the three months the law allows for a decision on their asylum claim (which occurred in virtually all cases). The waiting period for a work permit was compounded by the months-long delay most asylum seekers faced in obtaining an appointment to file an asylum application, at which point the three-month period begins. Refugees and asylum seekers reported that job opportunities were scarce. In the case of professionals, refugees and asylum seekers faced significant bureaucratic processes in obtaining a license to practice locally. The Refugee Unit continued receiving requests by email and issuing work permits during the COVID-19 lockdown.
Access to Basic Services: By law asylum seekers and refugees have access to public services and social welfare programs, but access was often hampered by lack of knowledge about their status in the country, failure of service providers to recognize the identification provided to asylum seekers by the Migration Authority, and feelings of xenophobia among some service providers. For example, asylum seekers without employers (who constituted the majority of asylum seekers) faced restrictions when enrolling voluntarily as independent workers in the public health system.
Asylum seekers received provisional refugee status documents legalizing their status after appearing for an interview with the General Directorate of Immigration, for which the estimated wait time was eight months before the pandemic; however, the interview process was suspended due to the COVID-19 restrictions. Provisional refugee identity cards do not resemble other national identity documents, and although government authorities generally accepted them, many private citizens did not. Upon receiving refugee status, which typically took two years, refugees could obtain an identity document similar to those used by nationals at a cost of 40,000 colones ($68), renewable every two years.
Refugees and asylum seekers reported that access to health services was difficult. They qualified for public health services only if they were minors, pregnant, or facing a life-threatening emergency, but some individuals reported being denied services even in emergency situations. In February, UNHCR signed an agreement with the social security system to broaden health insurance coverage for refugees and asylum seekers.
Displaced university students who had fled Nicaragua due to harassment for their political opposition activities reported difficulty registering for classes because Costa Rican institutions were inflexible in requiring academic records that the students could not obtain from Nicaraguan authorities.
Durable Solutions: The government implemented a Protection Transfer Arrangement in coordination with UNHCR and the International Organization for Migration for refugee resettlement in third countries. In September, the government suspended resettlement operations due to the COVID-19 pandemic. Additional guidance was released in November. For those obtaining refugee status, the government was committed to their local integration both legally and socially and to facilitating their naturalization process.
g. Stateless Persons
Citizenship is obtained from birth within the country’s territory or can be derived if either parent is Costa Rican. There continued to be problems of statelessness of indigenous children and children of seasonal workers in the border areas with Panama and Nicaragua, derived from the difficulties linked to birth registrations. Members of the Ngobe-Bugle indigenous group from Panama often worked on Costa Rican farms and occasionally gave birth there. In these cases parents did not register Ngobe-Bugle children as Costa Rican citizens at birth because they did not think it necessary, although the children lacked registration in Panama as well. Government authorities worked with UNHCR on a program of birth registration and provision of identification documents to stateless persons known as Chiriticos. Mobile teams went to remote coffee-growing areas for case identification and registration. UNHCR and the National Civil Registry continued a project along the northern border for individuals of Nicaraguan origin to facilitate procedures for late birth registration.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Rape and Domestic Violence: The law criminalizes rape of men or women, including spousal rape, and domestic violence, and it provides penalties from 10 to 18 years in prison for rape. The judicial branch generally enforced the law effectively.
The law prohibits domestic violence and provides measures for the protection of domestic violence victims. Criminal penalties range from 10 to 100 days in prison for aggravated threats and up to 35 years in prison for aggravated homicide, including sentences of 20 to 35 years for persons who kill their partners. The government enforced the laws effectively.
Violence against women remained a serious problem, and as of July 29, the government reported that 44 women had been violently killed, including seven killed by a partner or spouse. The government and local governments in coordination with diplomatic missions launched public campaigns to support women at risk of domestic violence during the COVID-19 pandemic lockdown.
Sexual Harassment: The law prohibits sexual harassment in the workplace and educational institutions, and the Ministry of Labor and Social Security generally enforced this prohibition. The government enforced the law effectively. The law imposes penalties ranging from a letter of reprimand to dismissal, with more serious incidents subject to criminal prosecution. On August 10, the president signed legislation that criminalizes sexual harassment in public places and punishes it with prison sentences and fines.
Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of their children. According to human rights experts, challenges related to access of reproductive health services remained for lesbian and bisexual, indigenous, and afro-descendent women, and women with disabilities.
There were some barriers to access contraception. The Ministry of Health approved the use of emergency contraceptive pills; however, according to human rights experts, emergency contraception was not widely available, and access was especially difficult for at-risk populations.
Some social barriers adversely affected access to skilled health care providers during pregnancy and childbirth. Women in rural areas and indigenous women did not always have access to health care during childbirth due to geographic isolation. Some women had difficulty accessing prenatal care. Government regulations state that all pregnant women, including undocumented migrants and asylum seekers, have access to health services. In practice, however, refugees and asylum seekers reported that access to health services was difficult. Refugee and migrant advocates stated that this population only qualified for public health services if they were minors, visibly pregnant, or facing a life-threatening emergency, but some individuals reported being denied services even in emergency situations.
The government provided access to sexual and reproductive health services for survivors of sexual violence. Human rights experts identified challenges such as revictimization and access to antiretroviral therapy.
Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.
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 deemed dangerous. The law prohibits discrimination against women and obligates 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 enforced the laws effectively, although an official study reported a pay gap of 13 percent for highly skilled jobs.
Birth Registration: Citizenship is obtained from birth within the country’s territory or can be derived if either parent is Costa Rican. Birth registration was not always automatic, and migrant children were especially at risk of statelessness since they did not have access to legal documents to establish their identity if their parents did not seek birth registration for them.
Child Abuse: The autonomous National Institute for Children (PANI) reported violence against children and adolescents continued to be a concern, but there was no marked increase in the number of cases of child violence or abuse. In April the attorney general created a prosecutorial unit specializing in violent crimes against children.
Child, Early, and Forced Marriage: The minimum legal age of marriage is 18. The law establishes penalties for sex with minors and prohibits child marriage. The crime carries a penalty of up to three years in prison for an adult having sex with a person younger than age 15, or younger than 18 if the age difference is more than five years.
Sexual Exploitation of Children: The law criminalizes the commercial sexual exploitation of children and provides sentences of up to 16 years in prison for violations. The law provides for sentences of two to 10 years in prison for statutory rape and three to eight years in prison for child pornography. The law establishes a statute of limitations of 25 years for sexual crimes against minors. The minimum age of consensual sex is 18 years. The country was a destination for child sex tourism.
Institutionalized Children: The Ombudsman’s Office established a plan to conduct random inspections as a follow-up measure to reduce overcrowding in PANI shelters. Authorities detained two child-care workers after receiving a report of physical and psychological abuse during an inspection. During a random inspection conducted by the Ombudsman’s Office, a child reported that the workers were beating children in the shelter, depriving them of meals, and forcing them to go to sleep during the day. PANI reported that they took immediate actions to guarantee the protection of the nine victims and opened a disciplinary procedure against the workers while the judicial investigation continued.
International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at .
The Jewish Zionist Center estimated there were between 3,000 and 3,500 Jewish persons in the country. There were isolated reports of anti-Semitic comments on social media and of a student movement at a public university promoting anti-Semitism.
Trafficking in Persons
Persons with Disabilities
The law prohibits discrimination against persons with physical, sensory, intellectual, or mental disabilities. The law also establishes a right to employment for persons with disabilities and sets a hiring quota of 5 percent of vacant positions in the public sector. The government did not effectively enforce the law.
Although the law mandates access to buildings for persons with disabilities, the government did not enforce this provision, and many buildings remained inaccessible to persons with disabilities. The Ombudsman’s Office reported inadequate sidewalks and difficulties in access to public transportation as factors hindering the mobility of persons with disabilities. The government policy on education and the national plan for higher education aimed to increase educational opportunities for students with disabilities. Children with disabilities were generally integrated in educational facilities serving children without disabilities.
The Supreme Elections Tribunal took measures (voting procedures, facilities, materials, and trained personnel) to provide for fully accessible elections for all persons with disabilities.
Members of National/Racial/Ethnic Minority Groups
The constitution establishes that the country is a multiethnic and multicultural nation. According to the Ombudsman’s Office, however, the country lacked the legal framework to ensure adequate mechanisms to combat discrimination, facilitate the adoption of affirmative action for individuals who suffer discrimination, and establish sanctions for those who commit discriminatory acts.
Violence against indigenous persons increased during the year. Land ownership continued to be a problem in most indigenous territories. The law protects reserve land as the collective, nontransferable property in 24 indigenous territories; however, 38 percent of that land was in nonindigenous hands. Violence led to the killing of indigenous leader Jerhy Rivera in February. In March the government established a plan for the recovery of indigenous territories. The plan seeks to comply with the Indigenous Law mandating the return of land to indigenous communities and protecting the rights of indigenous populations.
In July the Inter-American Human Rights Commission decided to review a case regarding the Teribe indigenous people. The complaint stated the government ignored the indigenous institutions and authorities of the Teribe people and limited their rights of governance. One of the violations listed was the construction of a hydroelectric project in Puntarenas that the government suspended in 2018.
Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity
No law explicitly prohibits discrimination based on gender identity. Discrimination against persons based on sexual orientation and gender identity is prohibited by a series of executive orders and workplace policies but not by national laws.
There were cases of discrimination against persons based on sexual orientation, ranging from employment, police abuse, and access to education and health-care services. Lesbian, gay, bisexual, transgender, and intersex (LGBTI) individuals experienced discrimination within their own families due to their sexual orientation, gender identity or expression, and sex characteristics.
HIV and AIDS Social Stigma
Although the law prohibits discrimination based on HIV/AIDS in health care, housing, employment, and education, some discrimination was reported.
Labor discrimination towards HIV patients continued; some persons reported losing their jobs due to discrimination, their deteriorating health, or both, although the problem was not widespread. The government took no concrete steps to combat discrimination based on HIV/AIDS status despite having adopted a national strategic plan on HIV and AIDS (2016-21).