Costa Rica reaffirms its regional leadership in promoting a more humane and inclusive criminal justice by presenting the Protocol for the Application of the Restorative Justice Process for Women who Commit Minor Drug Offenses in the framework of Article 77 bis of Law 8204. This instrument, developed by the Judicial Branch of Costa Rica together with the Costa Rican Institute on Drugs (ICD) and the Institute on Alcoholism and Drug Dependency (IAFA), has had the technical support of the COPOLAD Program, financed by the European Union.
The protocol aims to provide alternatives to incarceration for women in vulnerable situations who have committed minor drug offenses. These measures seek to prioritize rehabilitation, social reintegration and the reduction of recidivism, through a restorative and gender-sensitive approach. The document is aligned with international standards in restorative justice and human rights, consolidating Costa Rica as a regional benchmark in alternative criminal policies.
“The restorative approach we celebrate today is a transformative proposal that goes beyond simple punishment and seeks, instead, reparation, rehabilitation, and inclusion. In this effort, the European Union plays a key role. Through the COPOLAD III program, the European Union’s response to more effective and humane drug policies, we reaffirm our commitment to the promotion of human rights, gender equality and the strengthening of restorative justice in Latin America and the Caribbean,” said the European Union Ambassador to Costa Rica, Pierre-Louis Lempereur.
In addition, the aim is for the actors involved to recognize existing structural inequalities and promote practices that guarantee the fundamental principles of Restorative Justice. To this end, the Protocol includes fundamental aspects, ranging from definitions, development of key concepts or the analysis of international law instruments that give content to the gender approach, to suggestions for the approach from Restorative Justice of women offenders by Article 77 bis of Law 8204, the participation of legal and psychosocial teams, as well as judicial authorities.
Coordination between institutions
The presentation underlines the importance of an articulated inter-institutional work, involving actors such as the EU Delegation in Costa Rica, the Ministry of Justice, the ICD, IAFA or the Attorney General’s Office and the National Women’s Institute (INAMU), who play a crucial role in the effective implementation of the protocol.
Transforming justice in Latin America
The Protocol for the Application of Restorative Justice is part of a regional effort promoted by the COPOLAD Program. Similar actions are underway in countries such as the Dominican Republic, Paraguay and Trinidad and Tobago, focusing on the humanization of criminal policies and the construction of regional standards with a gender perspective.
According to Magistrate Gerardo Rubén Alfaro Vargas, Rector of Restorative Justice in Costa Rica, “this protocol is a sign of Costa Rica’s commitment to build a justice system that prioritizes people and their needs, strengthening both human rights and social cohesion”.
The protocol will be implemented gradually, with training and continuous monitoring to ensure its effectiveness. In addition, it is expected to be adapted as a replicable model for other countries in Latin America and the Caribbean, with a view to consolidating a sustainable restorative approach aligned with regional realities.
