National

The age of consent is 18 years [R1.1]

Courts & Tribunals

In 2000, the Costa Rican Supreme Court ruled that the practice of in vitro fertilization is unconstitutional, writing that according to the constitution, "The human embryo is a person from the moment of conception … not an object … not to be frozen … (and that it is) not constitutionally legitimate to be exposed to a disproportionate risk of death" [R1.1].

Courts & Tribunals

In April 2003, a transwoman has been granted "provisional custody" of the 9 year old child she had been taking care of since he was a baby. [R1.1].

"Provisional custody" is the first step in the way to legal adoption of a minor.

National

On 06 August 2012, the government announced that President Laura Chinchilla would support same-sex unions and propose legislation that would give economic rights to gay couples in Costa Rica [R1.2].

On 06 June 2012, in a 4–2 vote initiated by evangelical Justo Orozco, the Human Rights Commission buried a bill on sociedades de convivencia, or coexistence partnerships, during its first session since the panel was formed the previous week. The Bill guaranteed economic benefits similar to what heterosexual couples receive [R1.1].

Courts & Tribunals

On 13 October 2011, the Supreme Court overturned Article 66 of the Technical Penitentiary Regulations prohibiting conjugal visits for gay prisoners, declaring the stiplation that a visitor “must be of the opposite sex” unconstitutional [R2.3].

In August 2010. the Supreme Court ruled against allowing a referendum on whether gay couples should be permitted to have civil unions stating, stating: "Minority rights that are derived from claims against the majority cannot be subject to a referendum process where majorities are needed" [R2.2].

In August 2008, the Constitutional Tribunal ruled that gay felons in the Costa Rican prison system would not be allowed conjugal visits [R2.1]

Courts & Tribunals

In September 1998, the Supreme Court of Costa Rica added two important articles of freedom to the Constitution [R1.2].

Article 20 of the Constitution effectively says: "All people are free in the Republic, [whether] male or female [and are] under the protection of the [Republic's] laws".

Article 33 of the Constitution effectively says: "all people are equal under the law, and can not be discriminated [against] in any way that is against her or his humanity". This is an addition of a non-discrimination provision for all Gays, Lesbians, Bisexuals and Transgenders.

An explanation of the anti-discrimination law reads: "Whoever practices any form of discrimination, based on race, nationality, gender, age, political option, sexual orientation, social position, or economical situation, marriage status, or deseases (this includes HIV/AIDS) [may] be [subject] by law to twenty to sixty days in jail." [R1.2].

Previously:

In April 1996, the Defensoria de los Habitantes in the Central American country of Costa Rica has ruled that the country's constitution does not allow the Government to deny legal recognition to minority groups such as gay men and lesbians [R1.1].

National

Consensual sex between same-sex couples is not specifically prohibited in Costa Rica [R1.1].

In 2002, Article 382 in the Penal Code was rewritten by Law No 8250 of 17 April 2002, and the previous provision which criminalised “scandalous sodomy” was repealed. The modification came into force on 10 April the same year [R1.1]

Courts & Tribunals

In May 2011, Judge Arturo Marcheno Rosabal in the Juzgado Segundo de la Familia (Family Court) in San José found that paragraph 6 of Article 14 of the Código de Familia (Family Code) states that marriage is legally impossible for same-sex couples and that he had no other alternative but to reject the marriage application of Antonio Rodríguez and Eliécer Bermúdez [R1.2].

In May 2006, the Supreme Court ruled "the concept of marriage embraced by the political constitution stems historically from a context where it is understood to be between a man and a woman" [R1.1]

National

On 01 December 1948, President José Figueres Ferrer of Costa Rica abolished the military of Costa Rica. In 1949, the abolition of the military was introduced in Article 12 of the Costa Rican Constitution. The country maintains Police Guard forces [R1.1].