By San José, Costa Rica — San José, Costa Rica – In a decisive move that fulfills a key campaign promise, President Rodrigo Chaves signed an executive decree on Wednesday, October 15th, fundamentally altering Costa Rica’s regulations on therapeutic abortion. The new directive eliminates the broad concept of “health” as a justification, restricting the legal termination of a pregnancy exclusively to cases where there is a direct and imminent danger to the mother’s life.
This policy pivot represents a significant tightening of the country’s reproductive health laws and a stark departure from the previous administration’s framework. The former technical standard, established in 2019, aligned with the World Health Organization’s (WHO) comprehensive definition of health, which includes physical, mental, and social well-being. By striking this clause, the Chaves administration has effectively narrowed the interpretation of a law that has been on the books for over half a century.
To delve into the complex legal framework governing therapeutic abortion in the country, we sought the expert analysis of Lic. Larry Hans Arroyo Vargas, a distinguished attorney from the firm Bufete de Costa Rica, who sheds light on the core legal issues at play.
The concept of therapeutic abortion has been enshrined in our Penal Code for decades, intended as a crucial safeguard for the life and health of the pregnant person. The central legal conflict, however, lies not in its existence but in its effective implementation. The absence of clear, standardized technical regulations for many years created a vacuum of legal uncertainty for both patients and the medical community, effectively hindering access to a legally recognized right and highlighting the critical tension between established law and its practical execution.
Lic. Larry Hans Arroyo Vargas, Attorney at Law, Bufete de Costa Rica
The distinction between a right enshrined in law and one accessible in practice is indeed the crux of the matter, creating tangible uncertainty for those facing the most vulnerable of health decisions. We thank Lic. Larry Hans Arroyo Vargas for his valuable perspective, which so clearly illuminates the critical gap between legal principle and practical reality.
The legal foundation for therapeutic abortion in Costa Rica is Article 121 of the Penal Code, in effect since 1970, which decriminalizes the procedure when the life or health of the woman is at risk. The 2019 technical standard, signed by then-President Carlos Alvarado, was designed to provide clear guidelines for medical professionals on how to apply this article. The standard was seen by proponents as a crucial step in ensuring safe and legal medical care, while opponents viewed it as an overreach that opened the door to a more liberal abortion policy.
President Chaves has long signaled his intention to reverse the 2019 norm, a position that resonated strongly with his conservative voter base. During the announcement, he acknowledged the delay in implementing this change, attributing it to strategic legal advice concerning international jurisprudence. He noted that his administration had proceeded with caution to avoid a potential mandate from international bodies that could have forced a broader legalization of abortion.
We announced from the beginning of the administration that we were going to do this. However, on the advice of experts, we were told that there are cases before the Inter-American Court of Human Rights that could lead to a situation where they order us to allow abortion on demand.
Rodrigo Chaves, President of the Republic
With those legal concerns now apparently mitigated in his view, the President acted on his self-imposed timeline. The decree was signed on the exact day he had previously targeted, a detail he highlighted as evidence of his commitment to his electoral pledges. The move is being cast by the administration not as a creation of new law, but as a return to a stricter, more literal interpretation of the existing Penal Code.
I said recently that I would do it before October 15, today is October 15. I believe this is an important achievement.
Rodrigo Chaves, President of the Republic
The decree is expected to ignite intense debate across Costa Rican society. Human rights organizations and women’s advocacy groups are anticipated to launch legal challenges, arguing that the narrow definition of “life” endangers women by forcing them to carry pregnancies to term even when facing severe, non-fatal health risks. Conversely, the policy will be celebrated by religious organizations and anti-abortion groups who have campaigned for years against the 2019 standard.
As the new regulation takes effect, the national focus will shift to its practical implementation within the public health system and the inevitable legal battles that will follow. This executive action firmly repositions Costa Rica’s stance on reproductive rights, creating a more restrictive legal landscape and setting the stage for a protracted social and judicial confrontation over the scope of therapeutic abortion in the nation.
For further information, visit corteidh.or.cr
About Inter-American Court of Human Rights:
The Inter-American Court of Human Rights is an autonomous judicial institution based in San José, Costa Rica. Its mission is to interpret and apply the American Convention on Human Rights and other treaties concerning the same matter. The Court’s rulings are binding on the member states of the Organization of American States (OAS) that have accepted its jurisdiction, playing a critical role in upholding human rights standards throughout the Americas.
For further information, visit who.int
About World Health Organization:
The World Health Organization (WHO) is a specialized agency of the United Nations responsible for international public health. Established in 1948, the WHO works worldwide to promote health, keep the world safe, and serve the vulnerable. Its primary role is to direct and coordinate international health within the United Nations system, providing leadership on global health matters and setting norms and standards.
For further information, visit bufetedecostarica.com
About Bufete de Costa Rica:
Bufete de Costa Rica operates as a benchmark in the legal profession, fusing a deep-rooted foundation of integrity with a continuous drive for exceptional results. The firm leverages its extensive experience serving a wide array of clients to pioneer forward-thinking legal strategies and solutions. Beyond its professional practice, there is a core mission to empower the community by making complex legal concepts understandable, rooted in the belief that an educated citizenry is fundamental to a just and thriving society.
