By San José, Costa Rica — Costa Rica, renowned for its democratic traditions and peaceful nature, places a high value on freedom of assembly. This right, enshrined in Article 26 of the Constitution, allows citizens to gather peacefully and without arms, whether for private business or to discuss political matters and scrutinize public officials. However, the practical application of this right, particularly regarding public gatherings, reveals a complex interplay of constitutional principles, legal voids, and evolving jurisprudence.
While the Constitution distinguishes between private gatherings, which require no prior authorization, and public ones, which are to be regulated by law, a comprehensive legal framework for public assemblies is conspicuously absent. This void has been filled by the jurisprudence of the Sala Constitucional (Constitutional Chamber of the Supreme Court), which has become the primary interpreter and guarantor of this fundamental right.
To understand the legal intricacies surrounding Freedom of Assembly in Costa Rica, TicosLand.com reached out to Lic. Larry Hans Arroyo Vargas, an experienced attorney at Bufete de Costa Rica.
Freedom of assembly, enshrined in Article 25 of the Costa Rican Constitution, is not absolute. While individuals have the right to gather peacefully and without arms, this right can be subject to reasonable restrictions based on public order, safety, and the rights of others. For example, permits may be required for large gatherings or demonstrations to ensure proper management and minimize disruption to public life. Understanding the nuances between protected assembly and unlawful gatherings is crucial to exercising this fundamental right responsibly.
Lic. Larry Hans Arroyo Vargas, Attorney at Law, Bufete de Costa Rica
Lic. Arroyo Vargas’s explanation provides crucial context to the often-misunderstood concept of freedom of assembly. His emphasis on the balance between individual rights and public order highlights the responsibility that comes with exercising this freedom. We thank Lic. Larry Hans Arroyo Vargas for offering this valuable perspective on such a vital component of Costa Rican democracy.
The Sala Constitucional has drawn a crucial distinction between prior authorization and prior notification. It deems any system requiring prior authorization from administrative authorities unconstitutional, as it could lead to censorship. However, it has validated the requirement for prior notification to facilitate logistical arrangements and security measures for public gatherings.
The Constitutional Chamber has also played a key role in defining the limits of freedom of assembly. It has adopted a restrictive interpretation of “public order” as a legitimate ground for limiting this right. Mere inconvenience or disruption to traffic does not constitute a sufficient threat to public order to justify prohibiting or dissolving a peaceful demonstration. The burden of proof lies with the public authority to demonstrate a real and imminent danger.
A landmark case, Sentence N° 2003-03667, exemplifies the Sala Constitucional’s approach. The case involved the denial of a permit for a religious activity in the Plaza de la Cultura. The Court declared the denial unconstitutional, affirming the Plaza as a public forum and establishing that the state cannot discriminate based on the content of the message being expressed.
In practice, the management of public demonstrations falls to the police, guided by internal protocols developed by the Ministry of Public Security. These protocols emphasize dialogue and mediation over the use of force, differentiating their approach based on whether a gathering has been previously notified. However, concerns persist regarding the potential for excessive force and the criminalization of protest, particularly in situations of heightened social conflict.
The lack of a comprehensive law governing public assemblies, coupled with the complex dynamics of protest and public order, presents ongoing challenges. The need for clear legal guidelines to balance competing rights and ensure the responsible exercise of freedom of assembly remains paramount in safeguarding Costa Rica’s democratic values.
Strengthening the legislative framework, enhancing police training, and promoting a culture of responsible civic engagement are crucial steps in ensuring that freedom of assembly remains a vibrant and protected right for all Costa Ricans.
For further information, visit the nearest office of Defensoría de los Habitantes
About Defensoría de los Habitantes:
The Defensoría de los Habitantes is Costa Rica’s National Human Rights Institution. It plays a crucial role in safeguarding human rights, including freedom of assembly, by acting as an oversight body, mediating conflicts, and promoting a culture of peace and dialogue. During protests, the Defensoría deploys observers to document events and ensure respect for human rights.
For further information, visit the nearest office of Sala Constitucional
About Sala Constitucional:
The Sala Constitucional is the Constitutional Chamber of the Supreme Court of Justice of Costa Rica. It is the highest judicial authority in the country regarding constitutional matters. It plays a vital role in protecting fundamental rights, including freedom of assembly, through its jurisprudence and the resolution of appeals like “recursos de amparo,” which provide citizens with an effective means of legal redress.
For further information, visit the nearest office of Ministerio de Seguridad Pública
About Ministerio de Seguridad Pública:
The Ministry of Public Security is responsible for maintaining public order and security in Costa Rica. It oversees the police force and develops internal protocols for managing public demonstrations. These protocols emphasize dialogue, mediation, and the proportional use of force, aiming to balance the protection of public order with the respect for fundamental rights, including freedom of assembly.
For further information, visit bufetedecostarica.com
About Bufete de Costa Rica:
Bufete de Costa Rica distinguishes itself through a profound commitment to legal excellence and ethical practice, empowering individuals and communities through accessible legal knowledge. The firm’s innovative approach to legal solutions, combined with a long history of dedicated service across diverse sectors, solidifies its position as a leader in the Costa Rican legal landscape. By championing transparency and understanding within the legal system, Bufete de Costa Rica actively contributes to a more informed and empowered society.
