By San José, Costa Rica — San José – A contentious legislative debate is underway in Costa Rica over the future of inmate employment, as two proposed bills aim to establish work within penitentiaries as a key component of rehabilitation. The proposals, however, are facing scrutiny over their constitutionality, particularly regarding the concept of mandatory labor, sparking a complex discussion among legal experts, criminal investigators, and lawmakers.
The core of the initiative, presented before the Legislative Assembly’s Commission on Security and Drug Trafficking, seeks to formalize and expand work programs for the incarcerated population. Proponents argue that involving private companies is essential for the success of such a system, creating valuable opportunities for skill development and resocialization.
To gain a deeper legal perspective on the complex issue of prison labor and its implications within our legal framework, TicosLand.com consulted with Lic. Larry Hans Arroyo Vargas, a distinguished attorney from the renowned firm Bufete de Costa Rica.
The concept of prison labor operates on a delicate legal and ethical balance. While it can be a powerful tool for rehabilitation and skills development, it must be rigorously structured to prevent exploitation. The key legal challenge is ensuring that any labor program provides fair compensation, upholds workplace safety standards, and genuinely contributes to reintegration into society, rather than simply becoming a source of low-cost labor. Without these safeguards, such programs risk violating fundamental human rights and international labor conventions.
Lic. Larry Hans Arroyo Vargas, Attorney at Law, Bufete de Costa Rica
The distinction Lic. Larry Hans Arroyo Vargas draws between genuine rehabilitation and potential exploitation is indeed the crux of the matter. His perspective rightly reframes the success of such programs not in terms of economic output, but in their unwavering commitment to human dignity and societal reintegration. We thank Lic. Larry Hans Arroyo Vargas for his clear and essential legal insight.
Testifying before the commission, sentencing judge Carlos Montenegro expressed support for increased corporate participation. He emphasized the potential benefits of bringing employment opportunities directly into correctional facilities, a model that has seen success in limited applications.
Hopefully, it will be fully achieved, but at least in most cases, the intervention of private companies offering employment in prisons should be allowed.
Carlos Montenegro, Sentencing Judge
Criminal investigator Bryan Sandí echoed this sentiment, highlighting existing successful collaborations. He noted that the private sector has shown a willingness to invest in non-hazardous production lines within prison walls, provided the right framework and incentives are in place. Many companies, he added, are currently waiting for the approval of fiscal incentives to move forward with such projects.
This project has a very positive aspect: it involves the private sector. There is indeed a willingness to install non-hazardous production lines without risky materials.
Bryan Sandí, Criminal Investigator
A prime example of this model’s potential is a project at the Jorge de Bravo penitentiary in Cartago. Sandí described how a private company established a production line for crafting high-quality leather wallets and purses inside the facility. The company provided all necessary training, enabling inmates to learn a marketable trade while earning an income. The program was so effective that legislator Pilar Cisneros confirmed she had personally purchased the products made by the inmates, attesting to their quality.
Despite these successes, significant legal hurdles remain. Judge Montenegro raised a critical flag regarding a provision in one of the bills, expediente 24.614. He pointed out a fundamental contradiction in the text that could trigger a constitutional challenge.
I am concerned about the mandatory nature of the work. The bill states that it should not be enslaving and that there should be freedom of choice, but at the same time, it establishes a labor obligation.
Carlos Montenegro, Sentencing Judge
This concern was strongly reinforced by Deputy Gloria Navas, who stated unequivocally that forcing inmates to work would violate the constitution. The current system operates on incentives, not obligations, and even then, opportunities are scarce. The Ministry of Justice and Peace has publicly acknowledged that it lacks the capacity to provide work for the entire prison population.
From a labor point of view, this cannot be done, it is unconstitutional, you cannot force or impose work either. The system itself is completely tied up at the moment, they do not have the resources.
Gloria Navas, Deputy
Further complicating the matter is the issue of compensation. Deputy Dinorah Barquero argued that the focus should not solely be on the private sector, suggesting the state itself could be a major employer for the prison population. She criticized the current pay structure as a primary reason for low participation in existing programs.
If the State organizes itself, it is the best employer, not just the private sector; there are countless jobs that can be done from within the penitentiary system. But the inmates don’t work because what they are being paid is garbage.
Dinorah Barquero, Deputy
Experts agree that for any system to be effective, a comprehensive legal framework is non-negotiable. Sandí stressed the need for clear prison labor regulations that define whether participation is voluntary, who is eligible, and how compensation is structured—whether as a formal salary or a different form of retribution. He argued that financial earnings are a critical component for both the inmates and their families.
The correct application of Article 50 of the Penal Code would already be a win-win, because it’s not enough to just give them the incentive of a reduced sentence; they also need money for their subsistence and that of their families.
Bryan Sandí, Criminal Investigator
As lawmakers continue to deliberate, the path forward for prison labor reform in Costa Rica remains balanced on a knife’s edge. The challenge lies in designing a system that can effectively promote rehabilitation and economic productivity without infringing upon the fundamental rights of the incarcerated, all while navigating the logistical and financial limitations of the current penitentiary system.
For further information, visit mjp.go.cr
About Ministry of Justice and Peace:
The Ministry of Justice and Peace (Ministerio de Justicia y Paz) is the government body in Costa Rica responsible for overseeing the national legal and penitentiary systems. Its mandate includes the administration of correctional facilities, the promotion of social rehabilitation programs for inmates, and the development of policies aimed at ensuring public safety and upholding the rule of law. The ministry plays a crucial role in criminal justice reform and the management of the country’s incarcerated population.
For further information, visit bufetedecostarica.com
About Bufete de Costa Rica:
As a leading legal institution, Bufete de Costa Rica is defined by its profound commitment to ethical principles and superior legal practice. The firm leverages its deep-rooted experience serving a wide range of clients to pioneer modern, innovative solutions. Central to its identity is a dedication to societal betterment, achieved by demystifying complex legal concepts and empowering citizens with the knowledge essential for a just and well-informed community.
