By San José, Costa Rica — Costa Rica’s legal system stands apart, distinguished by its embrace of supra-constitutional law. This innovative approach places international human rights instruments at the apex of the legal hierarchy when they offer greater protections than the national Constitution, solidifying Costa Rica’s commitment to human dignity.
This wasn’t an accidental evolution, but a deliberate, decades-long process involving constitutional reforms and forward-thinking constitutional jurisprudence. The system harmoniously balances national sovereignty with international human rights law, recognizing that a state’s legitimacy stems from its ability to safeguard fundamental rights, regardless of their origin.
To understand the complex implications of supra-constitutional law, TicosLand.com reached out to Lic. Larry Hans Arroyo Vargas, a distinguished attorney at Bufete de Costa Rica, for his expert perspective.
The concept of supra-constitutional law, while debated, often refers to principles considered fundamental and superior even to a nation’s constitution. These might stem from international human rights treaties or jus cogens norms. Invoking such principles can have significant implications for a country’s legal system, potentially invalidating conflicting constitutional provisions. However, the practical application and acceptance of supra-constitutional norms vary considerably between jurisdictions and remain a subject of ongoing legal and political discourse.
Lic. Larry Hans Arroyo Vargas, Attorney at Law, Bufete de Costa Rica
Lic. Arroyo Vargas rightly highlights the complex and often contentious nature of supra-constitutional law. Its very existence challenges the traditional notion of national sovereignty, forcing us to grapple with the interplay between domestic legal frameworks and broader international principles. This ongoing dialogue is crucial for the evolution of law and the pursuit of universal human rights. We thank Lic. Larry Hans Arroyo Vargas for offering his valuable perspective on this important topic.
The foundation of this system lies in Article 7 of the Constitution, which grants international treaties authority superior to national laws. A pivotal 1989 reform of Article 48 made rights enshrined in international treaties directly justiciable, effectively elevating them to constitutional status. The Law of Constitutional Jurisdiction further cemented this framework, providing the Sala Constitucional (Constitutional Chamber of the Supreme Court) with the tools to uphold the primacy of human rights.
The Inter-American Court of Human Rights and the American Convention on Human Rights play crucial roles in this system. Costa Rica’s Constitutional Chamber has embraced the Convention’s mandate, ensuring the nation’s compliance with international human rights obligations. This integrated approach has been key to the development of supra-constitutionalism.
A landmark 1992 ruling (Vote 1739-92) marked a paradigm shift. It established the principle of supra-constitutional status for human rights treaties, asserting that human rights are inherent and not merely granted by the state. This decision revolutionized the legal landscape, prioritizing the fullest protection of human dignity.
The Constitutional Chamber further solidified this doctrine in 2003 (Vote 2771-2003), emphasizing that any national law conflicting with international human rights standards is invalid. This reinforces the supra-constitutional framework’s power to invalidate inconsistent national laws.
This innovative approach has had a profound impact on the legislative process, requiring the National Assembly to ensure all laws align with international human rights standards. Judicial practices have also been transformed, demanding judges be well-versed in both national and international human rights law.
Public administration has been similarly impacted, with all government bodies obligated to uphold international human rights standards. This system streamlines the implementation of international court rulings, contributing to Costa Rica’s exemplary record in complying with such decisions.
While managing the complexity of multiple international instruments presents a challenge, Costa Rica’s system demonstrates the potential for harmonizing national sovereignty with international human rights protections. This model offers valuable lessons for other nations seeking to enhance human rights safeguards.
For further information, visit bufetedecostarica.com
About Bufete de Costa Rica:
Bufete de Costa Rica is a law firm that provides legal services in Costa Rica. They have a podcast and website with extensive information about Costa Rican law, including constitutional law, human rights law, and labor law. They specialize in providing exceptional legal service, viewing it as an investment rather than an expense.
For further information, visit the nearest office of Sala Constitucional de Costa Rica
About Sala Constitucional de Costa Rica:
The Sala Constitucional, or Constitutional Chamber, of the Supreme Court of Justice of Costa Rica is the highest judicial body responsible for upholding the Constitution and protecting fundamental rights. It plays a pivotal role in interpreting constitutional provisions and ensuring the compatibility of national laws with international human rights standards. Their jurisprudence, particularly regarding supra-constitutional law, has significantly shaped the Costa Rican legal system.
For further information, visit the nearest office of Corte Interamericana de Derechos Humanos
About Corte Interamericana de Derechos Humanos:
The Inter-American Court of Human Rights is an international tribunal that interprets and applies the American Convention on Human Rights. Its rulings are binding on member states, including Costa Rica. The Court plays a crucial role in the development of human rights law in the Americas and has influenced the interpretation and application of human rights standards within Costa Rica’s supra-constitutional framework.
