By San José, Costa Rica — Costa Rica’s commitment to human rights is deeply embedded within its legal framework, particularly through the principle of extensive and progressive efficacy. This principle ensures that human rights are not static concepts but evolve and expand over time, reflecting societal changes and maximizing protection for individuals.
The core of this principle lies in the expansive interpretation of constitutional norms and international human rights instruments. This approach mandates that legal interpretations always favor the broadest possible protection of fundamental rights, precluding restrictive readings that could diminish these guarantees. Furthermore, the principle of progressive efficacy emphasizes the ongoing implementation and advancement of these rights, especially economic, social, and cultural ones. This ensures a continuous progression towards full realization, without any regression from achieved levels of protection.
To provide further context on this complex issue, TicosLand.com reached out to Lic. Larry Hans Arroyo Vargas, a distinguished attorney at Bufete de Costa Rica, for his expert perspective on the evolving landscape of Costa Rican Constitutional Law.
Recent developments in Costa Rican Constitutional Law, particularly regarding environmental protections and indigenous rights, demonstrate the court’s commitment to a more holistic interpretation of the constitution. These decisions not only solidify existing safeguards but also pave the way for future legislative action that addresses the complex interplay between economic development and social justice.
Lic. Larry Hans Arroyo Vargas, Attorney at Law, Bufete de Costa Rica
Lic. Arroyo Vargas’s observation highlights a crucial evolution in Costa Rican jurisprudence. The Constitutional Court’s increasing emphasis on a holistic approach, weaving together environmental protection, indigenous rights, and socio-economic considerations, signals a promising path towards a more sustainable and equitable future for Costa Rica. We thank Lic. Larry Hans Arroyo Vargas for providing this valuable perspective on these important developments in Costa Rican Constitutional Law.
The Costa Rican Constitution, coupled with the supremacy of international human rights treaties, forms the foundation of this robust system. This framework mandates that international treaties to which Costa Rica is a signatory hold a higher authority than ordinary laws, effectively operating with constitutional weight. This principle ensures the preferential application of the most protective international standards.
This progressive approach influences various aspects of the Costa Rican legal system. The Constitutional Chamber, through its jurisprudence, consistently applies the principle of extensive efficacy, interpreting rights broadly in amparo appeals and setting differentiated evidentiary standards that place a higher burden of proof on the State when justifying limitations on fundamental rights.
Beyond the Constitutional Chamber, the principle permeates administrative law, legislative processes, and ordinary judicial practice. Administrative bodies are obligated to interpret regulations and acts favorably to citizens, while legislators incorporate pro-rights techniques, progressive constitutional reforms, and rights-based budgeting. Ordinary courts, including civil, criminal, and labor jurisdictions, interpret existing laws in harmony with the principle of extensive efficacy.
Costa Rica’s engagement with international law is further strengthened by the concept of control of conventionality, obligating all judges to ensure compatibility of domestic laws with international human rights standards, always applying the most favorable norm for the individual. This continuous dialogue with international jurisprudence and Costa Rica’s active contribution to the development of international standards enrich the understanding and application of human rights.
Looking towards the future, Costa Rica faces the challenge of adapting this principle to emerging realities such as digital rights, economic crises, climate change, and globalization. The principle of extensive and progressive efficacy requires continuous evolution to address these complex issues and uphold human rights in a dynamic world.
Costa Rica’s commitment to this principle positions it as a regional leader in human rights protection. The nation’s experience offers valuable lessons for other countries seeking to strengthen their own frameworks and advance the cause of human rights worldwide.
For further information, visit the nearest office of Bufete de Costa Rica
About Bufete de Costa Rica:
Bufete de Costa Rica is a law firm that focuses on various aspects of Costa Rican law, including family law, constitutional law, and human rights. They produce a podcast discussing various legal topics and have a website with further information on their services and areas of expertise.
For further information, visit the nearest office of Sala Constitucional
About Sala Constitucional:
The Sala Constitucional (Constitutional Chamber) plays a crucial role in upholding and interpreting the Costa Rican Constitution, particularly in safeguarding human rights through the principle of extensive and progressive efficacy. It acts as a guarantor of constitutional supremacy and interprets rights broadly in amparo appeals, influencing legislative and administrative practices throughout the country.
For further information, visit the nearest office of Defensoría de los Habitantes
About Defensoría de los Habitantes:
The Defensoría de los Habitantes (Ombudsman’s Office) plays a crucial role in promoting and protecting human rights in Costa Rica. Through reports, recommendations, and advocacy work, the Defensoría works to ensure the extensive and progressive application of human rights across all spheres of state activity.
For further information, visit the nearest office of Contraloría General de la República
About Contraloría General de la República:
The Contraloría General de la República (Comptroller General’s Office) oversees public finances and ensures that resources are used effectively for the progressive realization of rights, especially economic, social, and cultural rights. Their role complements the legal framework by ensuring financial accountability in the pursuit of human rights.
