Lesbian, gay, bisexual, and transgender (LGBT) persons in Costa Rica may face legal challenges not experienced by non-LGBT residents. Same-sex sexual relations have been legal since 1971. Since 2013, households headed by a same-sex couples can obtain some domestic partnership benefits. In January 2018 a legally binding sentence from Inter-American Court of Human Rights requested by the government made mandatory the approbation of same-sex marriage, adoption for same sex couples and gender identity in ID cards for the country. The government announced that it will apply the sentences in the following months.
Video LGBT rights in Costa Rica
Legality of same-sex sexual activity
Homosexuality first became classified as a grave sin and crime during the Spanish rule. After gaining independence, it remained a crime until the liberal presidency of Tomás Guardia. While it was decriminalized during this era as part of a larger reform of the legal system, homosexuality was still widely seen as an "infamous sin".
In 1971, a universal age of consent was established as was a new law that prohibited "scandalous sodomy" (presumably public, no known confictions are in record) but otherwise maintained the legal status of private homosexual sex acts between consenting adults. Article 382 in the Penal Code that mentioned "scandalous sodomy" was repealed in 2002, alongside many other laws.
Maps LGBT rights in Costa Rica
Recognition of same-sex relationships
As of 2017, Costa Rica law does not recognize same-sex marriage or civil unions. In 2013, national legislation was passed, which offers a limited form of domestic partnership benefits for opposite-sex and same-sex couples.
In 2006, the Supreme Court rejected a claim that the Constitution requires the Government to recognize same-sex marriages. Human rights lawyer Yashin Castrillo Fernandez had sued arguing that certain constitutional provisions relating to equal rights and international law required the legalization of same-sex marriage, but only two of the justices agreed. The majority wrote that at the time the Constitution was approved, "marriage" was understood to be a union between a man and a woman. The court decision did state that the National Government had the power to enact civil unions.
In 2008, the LGBT rights association, Diversity Movement, persuaded some lawmakers to introduce a civil unions bill. Deputies Ana Helena Chacón Echeverría (then of the Social Christian Unity Party, currently of the Citizens' Action Party) and José Merino (Broad Front) expressed support for the proposed bill stating that, "gays and lesbians are no less Costa Rican than the rest of us. We're not talking about marriage or adoption, but about basic civil rights.".
In July 2010, the Constitutional Court ordered the TSE (Supreme Elections Tribunal) to stop an effort of preparing a referendum that will allow citizens to decide the future of civil unions for same-sex couples in Costa Rica. The referendum was supposed to be held on 5 December 2010. The "recurso de amparo" (appeal) was presented by lawyer Quirós Salazar, alleging that the referendum violates the rights and freedoms of individuals. The petition for referendum has been organized by the Observatorio de la Familia, a religious conservative group seeking to stop legislation that promotes civil unions for same-sex couples.
On 1 July 2013, the Legislative Assembly passed legislation that grants benefits of domestic partnerships "without discrimination contrary to human dignity". Progressive lawmakers indicated during debate that the changes would open civil unions to same-sex couples. Conservative lawmakers immediately called upon President Laura Chinchilla to veto the legislation, claiming that they mistakenly voted for the bill. Chinchilla refused to oppose the bill's passage and signed it into law days later. The bill took effect 8 July 2013. On 10 July 2013, six same-sex couples asked courts to start the process to have their relationships recognized through civil unions. A day later, a family court accepted one of the petitions.
In mid-March 2015, two government proposals on civil unions were submitted to the Legislative Assembly. On March 19, 2015, a bill to legalize same-sex marriage was introduced to the Legislative Assembly by Deputy Ligia Elena Fallas Rodríguez from the Broad Front.
Adoption and parenting
Mario Núñez, a member of the Libertarian Movement Party, introduced a bill in the Legislative Assembly in 2007 to ban LGBT people and same-sex couples from adopting or having custody of children. Currently under Costa Rican law, gay and lesbian individuals can legally adopt children, but not same-sex couples.
Discrimination protections
The Constitution does not explicitly prohibit discrimination on the basis of sexual orientation or gender identity.
Since 1998, "sexual option" (Article 48 of the Costa Rican General Law 7771) is one of the categories in which discrimination is generally prohibited in areas such as employment.
ARTICLE 48. Costa Rican General Law 7771 - Discrimination
Who ever applies, arranges or practices discriminatory measures because of race, nationality, gender, age, political, religious or sexual option, social position, economic situation, marital status or by any suffering of health or disease, will be sanctioned with penalty of twenty to sixty days fines. The judge will be able to impose, in addition, the disqualifying penalty that corresponds, of fifteen to sixty days.
Gender identity and expression
Since 2013, transgender persons can change their legal name so that it matches their gender identity. Surgery is not a requirement but a judicial order is required. However, gender changes are not allowed.
Article 2 of the Regulations on Photographs in Identity Documents states: "Every person has the right to have their image and gender identity respected at the moment of taking the photograph that is attached to the identity card."
Blood donation
In August 2007, a ban on gay and bi men donating blood was lifted. The drive to lift the ban was led by activist Alberto Cabezas.
Living conditions
LGBT rights in Costa Rica have made significant cultural, social and legal progress since the 1970s. While certain politicians, such as President Óscar Arias, have expressed some support for LGBT rights, Costa Ricans tend to be socially conservative when it comes to sexual orientation and gender identity issues, in large part due to the strong influences of the Roman Catholic Church and cultural traditions about machismo.
While homosexuality was technically legal, police harassment and raids of LGBT people and private establishments were formerly commonplace. In 1990, for instance, Minister of Government Antonio Alvarez Desanti announced that he would not allow foreign women to enter Costa Rica to participate in an "Encuentro," an international meeting of lesbians. He instructed Costa Rican consulates not to grant visas to women travelling unaccompanied by men, warning that all such women would be stopped at the airport. He also informed airlines that if they sold tickets to women travelling alone, or appearing likely to attend the meeting, they would be required to provide for the suspected lesbians' immediate return. When pressed to explain how lesbians could be identified at the airport, he reportedly asserted that women who had short hair, wore pants or traveled alone could be identified as lesbians. Organizers changed the dates and location of the meeting, and it finally took place.
Furthermore, the Costa Rican Government did not want to grant legal recognition to political organizations seeking to advance LGBT rights. These policies started to change in the 1990s, when the Supreme Court of Justice of Costa Rica ruled that the Constitution gave LGBT people the right to peaceful assembly, associate, create their own private establishments, as well as their own LGBT rights associations.
In 1993, it came to light that the Universidad Internacional de las Americas had a policy of expelling LGBT students and firing LGBT faculty and staff. When an AIDS-HIV education association, Instituto Latinoamericano de Educacion y Prevencion en Salud, filed a complaint with the Ministry of Education they were unable to come up with a specific example of the university's policy being enforced, but the Ministry stated that if the policy is enforced it would probably violate Articles 20, 33, and 70 of the Constitution.
In the late 1990s, the Costa Rica Catholic Church organized protest against LGBT tourism, often arguing that it was a cover for sex tourism. Yet, there are still several tourist groups that cater to LGBT people.
In 1998, a planned LGBT pride festival was cancelled out of concern of the possibility of violence. During the initial planning of the event, the then President of Costa Rica publicly opposed granting permits for the event to occur.
In 1999, San José, Costa Rica's capital city, attempted to close down a gay sauna, but the Supreme Court in 2000 ordered the city to allow the sauna to remain open, stating, "subjective criteria of morality and proper behaviour have no legal basis ... and represent a violation of the fundamental rights granted by our Constitution".
On 27 March 2008, the then President of Costa Rica, Oscar Arias Sanchez, signed an executive order designating 17 May as the National Day Against Homophobia, committing Costa Rica to join others around the world in working to eradicate bias against gays and lesbians. On 21 April 2013, Carmen Muñoz (Partido Acción Ciudadana) became the first openly lesbian member of Costa Rica's Legislative Assembly, after being interviewed by La Nación newspaper.
In 2008, the Costa Rican Supreme Court ruled against a gay prison inmate receiving conjugal visits. In October 2011, the Costa Rican Supreme Court reversed the 2008 ruling and now allows equality for same-sex couples in receiving conjugal visits only for partners outside of prison.
In 2012, the Citizens' Action Party presented a bill to declare the Legislative Assembly a "homophobia-free space" which later passed by a majority of votes, being opposed only by the Christian parties.
On 15 May 2014, the International Day Against Homophobia, Transphobia and Biphobia, President of Costa Rica Luis Guillermo Solis placed a rainbow flag in the Presidential House. According to Luis Guillermo Solis, this was a symbolic act in support of all kinds of diversity, particularly for a group that has been severely discriminated. The act generated mixed reactions and was criticized by religious sectors of the country.
Political party views
Recognition of same-sex unions under a different name than marriage is supported by some of the main parties including the National Liberation Party (PLN), the Social Christian Unity (PUSC) and the Libertarian Movement (ML). Left-wing party Broad Front was the first main party that supported same-sex marriage. In December 2016, the Citizens' Action Party (PAC) officially announced its support of same-sex marriage and adoption. Some figures of PLN also support same-sex marriage, including some lawmakers. PUSC is opposed to same-sex marriage as a whole, while ML's candidate and congressman, Otto Guevara, expressed during the 2014 presidential campaign that although he supports recognition for same-sex couples it is not a priority for him.
Opposition is frontal from a group of four small Christian parties; the National Restoration, the Costa Rican Renewal, the Christian Democratic Alliance and Accessibility without Exclusion, all of them having a total of five lawmakers in the Assembly, and they generally use filibusters to delay discussions on LGBT rights.
Juan Diego Castro Fernández, leader of the National Integration Party and frontrunner candidate in the 2018 presidential elections, supports same-sex marriage.
In 2012, controversy erupted when Justo Orozco, president of the Renewal Party, was head of the Human Rights Commission. Protesters were upset that Orozco expressed support for the belief that homosexuality is a sin and a treatable disease. As a result of the protests, future Vice President Ana Helena Chacón, then a PUSC member, moderated an official government meeting with protesters seeking to expand legal equality for same-sex couples.
HIV/AIDS
While HIV/AIDS is not exclusively a problem for LGBT people, public health efforts to fight the spread of disease have raised public awareness of sexual orientation and gender identity issues.
Since the late 1990s, equal opportunity laws in Costa Rica generally protect people living with HIV/AIDS. The law also stipulates that all persons living with HIV/AIDS have a right to medical care, regardless of their nationality.
HIV/AIDS preventative programs for LGBT people are primarily handled by Non-Governmental Organizations (NGOs). Comprehensive sex educational campaigns are almost nonexistent in public high schools because of the opposition of the Catholic Church and other religious groups.
Summary table
See also
- LGBT rights in the Americas
References
External links
- Goodwater Human Rights Association
- LGBT Human Rights
- LGBT Rights Costa Rica
- CIPAC (local NGO that provides help and resources for GLBT
- Movimiento Diversidad (local gay politics)
- Mujer y Mujer Sitio Lésbico en Costa Rica
Source of the article : Wikipedia
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