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Costa Rica: The laws, regulations and procedures regulating the exit of minors from the country; exit permits issued to children; whether Costa Rica is a signatory to international treaties on children's rights (July 2004)

Legal texts

The Research Directorate was able to find three legal texts among the sources consulted that regulate the exit of minors from Costa Rica: the General Law on Migration and Alien Status (Ley General de Migración y Extranjería) of 13 August 1987, the Regulations of the General Law on Migration and Alien Status (Reglamento de la Ley General de Migración y Extranjería) of 31 May 1989, and the Regulations for Minors Exiting the Country (Reglamento de salida del país de menores de edad) of 25 January 1991.

Section 11b of the Regulations of the General Law on Migration and Alien Status states that exit permits for minors are issued by the National Institute for Children (Patronato Nacional de la Infancia, PANI) (Costa Rica 31 May 1989). Section 35 of those Regulations stipulates that passports are issued by the Department of Immigration (Dirección general) or by immigration officers abroad (ibid.). The requirements for obtaining a passport are listed in section 36: a valid identification card, a birth certificate for minors, four recent passport photographs, a copy of the applicant's fingerprints (except for minors under five years of age), the passport fees, and any other requirement indicated by the Minister (ibid.).

Section 1 of the Regulations for Minors Exiting the Country states that minors can exit Costa Rica if they have written authorization to do so by a parent or guardian (patria potestad), or by a legal representative, in the case of a minor under state protection, or if they have a legal or administrative certificate (por el representante legal en los casos de menores sujetos a tutela o depósito judicial o administrativo) (Costa Rica 25 Jan. 1991). The PANI is the government body that issues these official authorizations, which must be presented to an immigration office in order to obtain an exit permit (ibid.). According to section 3 of the Regulations, the authorization to take a minor out of the country is granted by the parents (progenitores) or legal representative before the appropriate PANI office (ibid.). A form with the following information must also be completed: the given and family names of the person or persons who authorize the child to leave the country, the number of their identification cards (cédula) and their home address; the given and family names of the travelling minor or minors, their birthdates, destination and purpose of travel; the names and identifying information of the person or persons accompanying the minor; and the signature of the person or persons authorizing the minor or minors to travel (ibid.). The official form must be accompanied by the following documents: the minor's birth certificate; a notarized certificate, if the child has a legal representative (apoderado); a copy of the legal, administrative or state protection certificate if necessary; two passport photographs; the identification card or passport of the person or persons authorizing the trip; and the required fees (ibid.). Under section 6, if the minor is abroad while a parent or guardian is trying to obtain an exit permit, the parent must follow the necessary steps with the Costa Rican consulate in the country of residence or the nearest consulate available (ibid.).

Exit permits for minors

During a 26 July 2004 telephone interview, the minister-counsellor and consul general at the Embassy of Costa Rica in Ottawa said that there was only one exit permit issued for minors in Costa Rica. She also explained the following procedures that must be followed to obtain an exit permit. First, authorization is given before a PANI representative. Second, this authorization is sent to the Immigration Department (Dirección general de migración), which, in turn, sends the permits to the ports of exit.

International treaties

The international agreements signed by Costa Rica regarding children's rights are listed in the report that was submitted by Costa Rica to the United Nations Committee on the Rights of the Child on 1 October 1998. They are the Supplementary Cooperation Agreement on Child Welfare, which came into force on 22 September 1993; the Hague Convention on Protection of Children and Cooperation in Respect of Inter-Country Adoption, signed on 29 May 1993; the Inter-American Convention on International Traffic in Minors, signed on 18 March 1994; and the Convention on the Rights of the Child, ratified by Costa Rica on 21 August 1990 (United Nations 1 Oct. 1998). Costa Rica has also ratified the Convention on the Elimination of All Forms of Discrimination Against Women and the Inter-American Convention on the Prevention, Punishment and Eradication of Violence Against Women (ibid.).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of additional sources consulted in researching this Information Request.

References

Costa Rica. 25 January 1991. Reglamento de salida del país de menores de edad. (REFMONDE 2004)
_____. 31 May 1989. Reglamento de la Ley General de Migración y Extranjería. (REFMONDE 2004)
_____. 13 August 1987. Ley General de Migración y Extranjería. (REFMONDE 2004)

Embassy of Costa Rica, Ottawa. 26 July 2004. Telephone interview with the minister-counsellor and consul general.

United Nations. 1 October 1998. Committee on the Rights of the Child. Periodic Reports of States Parties due in 1997 – Addendum: Costa Rica. (CRC/C/65/Add.7) <http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/424c5b0a328c2971802566fa005101c4?Opendocument> [Accessed 15 July 2004]

Additional Sources Consulted

Internet sites, including: Defensoría de los Habitantes, PANI, United Nations, United States Department of State.