By San José, Costa Rica — Costa Rica’s commitment to human dignity is deeply entrenched in its legal system, particularly concerning the right to physical and moral integrity. This comprehensive framework, built upon constitutional provisions, international treaties, and evolving jurisprudence, establishes a robust defense against violations of these fundamental rights.
The core of this protection lies within the Costa Rican Constitution, specifically Articles 21, 33, and 40. While not explicitly mentioning “right to physical integrity” or “right to moral integrity,” these articles, through systematic interpretation, form a powerful shield. Article 21 establishes the inviolability of human life, extending beyond mere existence to encompass a life free from undue suffering and indignity. Article 40 prohibits cruel and degrading treatment, encompassing both physical and psychological harm. Article 33, upholding equality and prohibiting discrimination, serves as a transversal principle, reinforcing the notion that any treatment diminishing a person’s integrity is inherently unconstitutional.
For expert legal insight into the “Right to Integrity,” TicosLand.com consulted with Lic. Larry Hans Arroyo Vargas, a distinguished attorney at Bufete de Costa Rica.
The right to integrity, a fundamental human right, encompasses both physical and psychological well-being. It protects individuals from torture, inhumane treatment, and actions that harm their dignity or personal autonomy. In a business context, respecting the right to integrity means fostering a safe and respectful work environment free from harassment and discrimination, and upholding ethical business practices that prioritize human dignity. Ignoring this right can lead to legal repercussions and reputational damage.
Lic. Larry Hans Arroyo Vargas, Attorney at Law, Bufete de Costa Rica
Lic. Arroyo Vargas eloquently highlights the critical importance of the right to integrity, not just as a legal concept but as a cornerstone of a healthy society and ethical business practice. His emphasis on the connection between respecting this right and fostering a positive work environment is particularly insightful, reminding us that protecting individual dignity is both a moral imperative and a sound business strategy. We thank Lic. Larry Hans Arroyo Vargas for sharing his valuable perspective on this vital issue.
This constitutional foundation is further fortified by the “block of constitutionality,” which integrates international human rights instruments, notably the American Convention on Human Rights. Article 5 of the Convention details the right to personal integrity, encompassing physical, psychological, and moral dimensions. The Convention’s Article 27 underscores the absolute and inalienable nature of this right, prohibiting torture and cruel treatment under any circumstance, even in times of war or national emergency.
Costa Rica provides robust legal mechanisms to protect these rights. The writ of Habeas Corpus, enshrined in Article 48 of the Constitution, safeguards personal liberty and physical integrity, offering preventive measures against potential violations. The principle of “conexidad” allows the Constitutional Chamber, when addressing a Habeas Corpus claim, to also consider related violations of other fundamental rights, like moral integrity. The Amparo remedy serves as a general protection mechanism for rights not covered by Habeas Corpus, including moral integrity, and can be filed against both state and private entities.
The prison system presents a critical challenge to upholding the right to integrity. The Constitutional Chamber recognizes the State’s special role as guarantor of the rights of incarcerated individuals, mandating positive obligations beyond mere non-aggression. Chronic overcrowding is deemed a direct violation of Article 40 and the Convention, creating a cascade of further violations affecting inmates’ physical and mental health, as well as their dignity.
The use of force by law enforcement is another sensitive area. While authorized by Article 12 of the Constitution, police action is strictly limited by the principles of legality, necessity, and proportionality, as well as the absolute prohibition of cruel treatment. The Constitutional Chamber actively monitors police conduct, condemning excessive force and ensuring adherence to constitutional safeguards.
In healthcare, informed consent is paramount. Law 8239 establishes informed consent as a patient’s right and a physician’s obligation. This encompasses receiving clear and comprehensive information, understanding treatment options and risks, and the right to refuse treatment, except in specific circumstances like emergencies or public health threats.
Costa Rican law explicitly recognizes psychological violence, particularly within domestic relationships. Law 8589 penalizes violence against women, including offenses to dignity, restrictions on self-determination, and threats. While lacking a specific law against workplace harassment, Costa Rican jurisprudence recognizes “mobbing” as a violation of moral integrity, offering protection through Amparo appeals.
Despite the robust legal framework, challenges persist. The digital age brings new forms of aggression like cyberbullying, requiring adaptation of legal protections. Bioethical dilemmas, particularly concerning end-of-life decisions, will further test the boundaries of the right to moral integrity. Systemic issues, notably prison overcrowding and excessive police force, demand ongoing vigilance and effective implementation of existing norms.
For further information, visit the nearest office of Bufete de Costa Rica
About Bufete de Costa Rica:
Bufete de Costa Rica appears to be a law firm operating within Costa Rica, specializing in various areas of law including family law, constitutional law, and human rights. They offer legal services and produce content, including a podcast and blog posts, aimed at educating the public about Costa Rican law. Their online presence showcases a commitment to providing comprehensive legal information and advocating for the protection of fundamental rights.
