In Costa Rica, an older adult person is defined as any individual sixty-five years of age or older.

In 1999, Law No. 7935, known as the “Comprehensive Law for the Older Adult Person” (Ley Integral para la Persona Adulta Mayor), entered into force in our country. This law serves a paramount function as the regulatory framework for public institutions to achieve the protection of the fundamental rights and benefits of older adults. Its primary objective is to guarantee equal opportunities and a dignified life for these individuals in all spheres. Furthermore, the legislation seeks to guarantee their participation in the formulation and implementation of policies that affect them, as well as their permanence within their family and community core. It aims to promote their comprehensive and inter-institutional care by public and private entities, and to ensure the proper functioning of programs and services destined for this population.

In general, the effective protection and legal-social security of older adults are guaranteed through various mechanisms, fundamental rights, and benefits, such as the right to dignified housing, quality of life, the right to health, information, privacy, informed consent for medical treatments, image rights, integrity, autonomy, freedom of thought, dignity, and values.

Naturally, with the exception of pensions governed by special legislation, these rights, benefits, and exemptions are non-transferable, inalienable, and constitute universal rights. The State must guarantee optimal conditions of health, nutrition, housing, comprehensive development, and social security to all older adults. This is carried out through various organizations and institutions to promote and develop comprehensive healthcare by means of promotion, prevention, curative, and rehabilitation programs, as well as dentistry, ophthalmology, audiology, geriatrics, and nutrition, among others. The purpose is to foster a healthy lifestyle and self-care.

The foregoing has also been widely recognized by the Universal Declaration of Human Rights; the American Convention on Human Rights; the International Covenant on Economic, Social and Cultural Rights; the International Covenant on Civil and Political Rights, and other international instruments.

In our domestic law, Article 51 of our Political Constitution establishes that the family is entitled to special protection from the State, expressly including the older adult person. Similarly, Article 83 of the Constitution very clearly establishes that the State shall sponsor and organize adult education in general, destined to combat illiteracy and provide cultural opportunities to those who wish to improve their intellectual, social, and economic condition. Thus, it has been recognized that the State must include the principles of equal opportunities and access to services for older adults within its policies, plans, programs, and services.

Recently, Law No. 9857, known as the “Law Criminalizing the Abandonment of Older Adults” (Ley que Penaliza el Abandono de las Personas Adultas Mayores), was enacted. This law is consistent with current legislation, adding Article 142 bis to the Criminal Code (Código Penal), which is summarized in the following points:

1. A penalty of ten to one hundred days-fine, or one to six months of imprisonment, for anyone who, having the obligation to provide care, abandons an older adult person in a state of vulnerability.

2. A penalty of six months to three years of imprisonment, if, as a consequence of the abandonment, the life, or the physical, mental, or social health of the older adult person is endangered, provided that a more severe penalty does not apply.

3. A penalty of six months to three years of imprisonment, if severe bodily harm or damage to the health of the older adult person results from the abandonment.

4. A penalty of six to ten years of imprisonment, if, as a consequence of the abandonment, the death of the older adult person occurs, provided that a more severe penalty does not apply.

For such purposes, the rules, theory of the crime (teoría del delito), and the substantive and procedural principles established by Criminal Law shall always apply.