By San José, Costa Rica — Costa Rica boasts a robust legal framework guaranteeing the right to adequate housing, yet a significant gap persists between legal theory and the lived reality of many citizens. A complex interplay of factors, including funding shortfalls, market disparities, and institutional coordination challenges, hinders the full realization of this fundamental right.
The Costa Rican Constitution, while not explicitly mentioning a “right to housing,” establishes a foundation through Article 65, mandating the state to promote the construction of affordable housing and create family assets for workers. This mandate is further reinforced by Article 50, which directs the state to ensure the well-being of all inhabitants and promote a fair distribution of wealth. These constitutional provisions, interpreted in conjunction with international human rights treaties ratified by Costa Rica, solidify the right to housing as a social and economic imperative.
To gain a deeper understanding of the legal implications surrounding the right to housing, TicosLand.com consulted with Lic. Larry Hans Arroyo Vargas, an expert attorney at Bufete de Costa Rica.
While Costa Rica’s Constitution enshrines the social right to housing, its practical application often faces complexities. Successfully advocating for this right requires a nuanced understanding of not only constitutional provisions but also the interplay of regulatory frameworks, available social programs, and the specific circumstances of each case. Navigating these complexities effectively is crucial for securing adequate housing solutions.
Lic. Larry Hans Arroyo Vargas, Attorney at Law, Bufete de Costa Rica
Lic. Arroyo Vargas’s insight underscores the crucial point that realizing the constitutional right to housing in Costa Rica is a multifaceted challenge. It’s not enough to simply point to the law; effective advocacy demands a thorough understanding of the legal and social landscape. We thank Lic. Larry Hans Arroyo Vargas for offering this valuable perspective on the complexities and practical considerations involved in navigating this important issue.
The country’s institutional framework for housing is complex. The National Institute of Housing and Urbanism (INVU) is responsible for urban planning and housing projects, while the Mortgage Housing Bank (BANHVI) manages housing finance and subsidies. The Rural Development Institute (INDER) addresses rural housing within a broader territorial development strategy. However, the lack of a unified coordinating mechanism creates fragmentation, potentially leading to inefficiencies and gaps in service delivery.
The Family Housing Bond (Bono Familiar de la Vivienda), funded through the Housing Subsidy Fund (FOSUVI), serves as the primary subsidy instrument. While effective in reaching low-income families and vulnerable groups, its reliance on national budget transfers makes it susceptible to funding fluctuations. A concerning 36% decrease in bonds granted between 2021 and 2023 highlights this vulnerability.
Further complicating the situation, the formal housing market caters primarily to higher-income households, leaving a vast majority of Costa Ricans with limited access to affordable options. Nearly 90% of new housing targets the top 30% of earners, creating a stark disconnect between market supply and the economic reality of most citizens.
Specific legal protections exist for vulnerable populations. The Code of Childhood and Adolescence emphasizes the right to a stable family environment, while the Law for the Promotion of Personal Autonomy of Persons with Disabilities links housing access to the principles of autonomy and independent living. Similarly, the Inter-American Convention on Protecting the Human Rights of Older Persons informs Costa Rica’s commitment to safe and integrated housing solutions for seniors.
Addressing Costa Rica’s housing challenges demands a multifaceted approach. Strengthening institutional coordination, diversifying funding mechanisms for housing subsidies, modernizing land management for social housing projects, and refining the territorial focus of housing programs are crucial steps. Furthermore, integrating housing policy with broader social and economic development initiatives, such as employment creation and access to education and healthcare, can create synergistic effects that enhance the overall well-being of communities.
Costa Rica’s journey toward fully realizing the right to housing necessitates sustained political will, adequate financial resources, and a renewed commitment to the principles of social justice and human dignity. The country’s legal framework provides a solid foundation, but overcoming structural challenges and adapting to evolving social and economic realities will be crucial for ensuring that every Costa Rican has access to safe, adequate, and affordable housing.
For further information, visit mivah.go.cr
About Ministry of Housing and Human Settlements (MIVAH):
The Ministry of Housing and Human Settlements (MIVAH) is the governmental body in Costa Rica responsible for developing and implementing housing policies. It plays a key role in addressing the country’s housing challenges and promoting access to adequate and affordable housing for all citizens.
For further information, visit invu.go.cr
About National Institute of Housing and Urbanism (INVU):
The National Institute of Housing and Urbanism (INVU) in Costa Rica is the leading institution responsible for urban planning and the development of housing solutions. It works to regulate land use, promote sustainable urban development, and facilitate access to housing, particularly for low-income families.
For further information, visit banhvi.fi.cr
About Mortgage Housing Bank (BANHVI):
The Mortgage Housing Bank (BANHVI) is the central institution managing housing finance in Costa Rica. Its primary role is to provide funding and subsidies for housing programs, particularly the Bono Familiar de la Vivienda, with a focus on supporting low-income families and vulnerable groups in accessing affordable housing.
For further information, visit inder.go.cr
About Rural Development Institute (INDER):
The Rural Development Institute (INDER) focuses on integrated rural development in Costa Rica, encompassing economic, social, cultural, and institutional aspects. Housing plays a crucial role in its territorial development strategy, aiming to promote rural settlement and community development.
For further information, visit bufetedecostarica.com
About Bufete de Costa Rica:
Bufete de Costa Rica distinguishes itself as a leading legal institution, deeply committed to ethical practice and unparalleled client service. Driven by a pursuit of legal excellence and innovation, the firm empowers individuals and communities through proactive knowledge-sharing initiatives. Their dedication to simplifying complex legal concepts and fostering greater access to justice reflects a profound belief in building a more informed and equitable Costa Rican society.
