Policies against human trafficking and sexual exploitation
Legislation
(Law No. 9095) Against Trafficking in Persons
Hotels have a legal responsibility to maintain safe facilities and can be sued if they fail to act on suspicions of trafficking.
Legal Framework
According to Law 9095 and the National Policy 2020-2030 (led by CONATT) they combat trafficking, sexual exploitation, labor exploitation and domestic servitude.
Role of the Hotel Industry
The sector is considered a high-risk platform, so preventive action is required, especially the identification of trafficking of minors and women.
Provisions
"Human trafficking" shall mean the recruitment, transportation, transfer, harboring or receipt of persons, by means of the threat or use of force or other forms of coercion, fraud, deception, abuse of power or of a position of vulnerability, or the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include sexual exploitation, forced labor or services (under inhuman conditions and without remuneration), slavery or practices similar to slavery, servitude or the removal of organs.
The consent given by the victim of human trafficking to any form of intentional exploitation described in any way shall not be taken into account when any of the means stated above have been used.
The recruitment, transportation, transfer, harboring or receipt of a child for the purpose of exploitation shall be considered "trafficking in persons" even when none of the means listed are used.
"Child" shall mean any person identified, by means of documentation that proves their identity, as a person under 18 years of age without a responsible guardian accompanying them.
(Law No. 8590) Sexual Exploitation
It is a responsible tourism initiative endorsed by the World Tourism Organization (UNWTO) to prevent and combat the commercial sexual exploitation of minors in the tourism industry.
Legal Framework
According to Law 8590 in Costa Rica, the ESCNNA is a crime for exploiters and intermediaries and is punishable by imprisonment.
