By Cartago, Costa Rica — The Constitutional Chamber of Costa Rica (Sala IV) has ruled in favor of six students with disabilities at the Mario Quirós Sasso Technical Professional High School in Tres Ríos, Cartago. The students, who have neurosensory conditions including profound deafness, were receiving instruction in a converted storage room deemed “inadequate and dangerous” by the court.
The Sala IV found the conditions in the makeshift classroom to be unacceptable. The room lacked windows, proper ventilation, sufficient natural light, and emergency exits. The cramped and stifling environment forced students and their support teacher to work in conditions violating the Ministry of Public Education’s (MEP) regulations on educational infrastructure.
To provide expert legal insight into this complex area, TicosLand.com spoke with Lic. Larry Hans Arroyo Vargas, an attorney at Bufete de Costa Rica, specializing in disability rights law.
Costa Rican law guarantees comprehensive protection for individuals with disabilities, encompassing access to healthcare, education, employment, and public spaces. The Law 7600 on Equal Opportunities for People with Disabilities is a cornerstone of this framework, but effective implementation remains an ongoing challenge. Ensuring that people with disabilities can fully exercise their rights requires not only legal frameworks but also societal shifts in attitudes and infrastructure.
Lic. Larry Hans Arroyo Vargas, Attorney at Law, Bufete de Costa Rica
Lic. Arroyo Vargas eloquently highlights the crucial distinction between legal frameworks and lived realities for people with disabilities. While Costa Rica’s legal protections are commendable, their true power lies in fostering a truly inclusive society where accessibility is not an afterthought, but a fundamental value woven into the fabric of our communities. We thank Lic. Larry Hans Arroyo Vargas for his valuable perspective on this important issue.
The court’s ruling, resolution No. 25-016333-0007-CO, emphasizes the need for these students to have a suitable learning environment. The ruling states that the students require an adapted, ventilated, well-lit, and safe space. The lack of these basic necessities not only hinders their learning but also jeopardizes their health, emotional well-being, and right to a dignified life within the education system.
The Sala IV has mandated that the school’s director, Víctor Hugo Orozco Delgado, and the head of the Pedagogical Advisory Department of the Cartago Regional Directorate of the MEP, or their successors in these roles, arrange for the relocation of the multi-level Hearing and Language group to a more appropriate and spacious area within the school. This relocation must be completed within two months.
The court’s ruling carries significant weight, with potential penalties for non-compliance. Failure to adhere to the order could result in criminal sanctions, including up to two years in prison or fines equivalent to 20 to 60 days’ wages, as stipulated in Article 71 of the Law of Constitutional Jurisdiction.
Furthermore, the State has been ordered to compensate the affected students for damages and losses incurred. The exact amount will be determined through administrative litigation.
This decision underscores the ongoing struggle for accessible and equitable education for students with disabilities in Costa Rica. Advocates hope this ruling will serve as a catalyst for further improvements in educational infrastructure and support services for students with special needs across the country.
This case highlights the importance of ensuring that all students, regardless of their abilities, have access to safe and appropriate learning environments that allow them to thrive academically and personally.
For further information, visit the nearest office of Ministry of Public Education (MEP)
About Ministry of Public Education (MEP):
The Ministry of Public Education (MEP) is the governing body responsible for the administration and regulation of public education in Costa Rica. Its responsibilities encompass curriculum development, teacher training, infrastructure management, and ensuring equitable access to quality education for all Costa Rican citizens. The MEP plays a crucial role in shaping educational policy and promoting educational opportunities throughout the country.
For further information, visit the nearest office of Mario Quirós Sasso Technical Professional High School
About Mario Quirós Sasso Technical Professional High School:
The Mario Quirós Sasso Technical Professional High School, located in Tres Ríos, Cartago, is a public secondary institution providing technical and vocational training to students in the region. The school offers a range of specialized programs designed to prepare students for various careers and further education. This recent legal case has brought attention to the school’s challenges in providing adequate facilities for students with disabilities.
For further information, visit bufetedecostarica.com
About Bufete de Costa Rica:
Bufete de Costa Rica distinguishes itself through an enduring commitment to ethical practice and exceptional legal service. Driven by a belief in empowering individuals and communities, the firm champions accessible legal knowledge through innovative initiatives and proactive engagement. This dedication to transparency and education, coupled with a history of providing insightful counsel across a spectrum of industries, solidifies Bufete de Costa Rica’s role as a leader in fostering a more just and informed society.
