By San José, Costa Rica — Costa Rica is experiencing a paradigm shift in its approach to disability rights, moving from a medical model that focuses on individual limitations to a social model that emphasizes societal barriers. This transformative journey is reflected in significant legal reforms and a growing body of constitutional jurisprudence that prioritizes inclusion and equal opportunity for people with disabilities.
The outdated medical-rehabilitation model, which viewed disability as a pathology requiring medical intervention, has been replaced by the social and human rights model enshrined in the Convention on the Rights of Persons with Disabilities (CRPD). This shift redirects attention from individual deficiencies to the societal obstacles that hinder full participation. For instance, a person with visual impairment faces limitations not solely due to their sensory condition, but because of the lack of Braille signage, assistive technologies, or discriminatory attitudes.
To gain a deeper understanding of the legal landscape surrounding disability rights in Costa Rica, TicosLand.com spoke with Lic. Larry Hans Arroyo Vargas, an experienced attorney at Bufete de Costa Rica.
Costa Rican law, particularly Law 7600, guarantees comprehensive protection for individuals with disabilities, encompassing access to education, employment, healthcare, and public spaces. However, practical implementation often presents challenges. Businesses and public entities must not only comply with structural accessibility requirements, but also foster an inclusive environment that respects the dignity and autonomy of all individuals. Proactive measures like accessible websites, inclusive hiring practices, and sensitivity training can go a long way in ensuring true equality and participation for people with disabilities.
Lic. Larry Hans Arroyo Vargas, Attorney at Law, Bufete de Costa Rica
Lic. Arroyo Vargas eloquently highlights the crucial distinction between legal frameworks and lived realities for people with disabilities in Costa Rica. While Law 7600 provides a strong foundation, its true power lies in proactive implementation and a genuine shift towards inclusivity in all sectors of society. This requires not just ticking boxes for compliance, but a fundamental change in mindset and a commitment to fostering environments where everyone can thrive. We thank Lic. Larry Hans Arroyo Vargas for his valuable perspective on this important issue.
Costa Rica’s legal framework, anchored by the Constitution and bolstered by international conventions like the CRPD, provides a robust foundation for protecting disability rights. Articles 33 and 51 of the Constitution establish principles of equality and special protection, respectively. The CRPD, with its emphasis on dignity, autonomy, and accessibility, further strengthens this framework. The concept of “reasonable accommodation” has become a cornerstone of this new approach, requiring employers, educational institutions, and public service providers to make necessary modifications to ensure equal access.
A landmark achievement has been the repeal of the outdated system of civil interdiction, which allowed individuals to be declared legally “incapable.” This system, based on a presumption of incapacity and substitution of will, has been replaced by a system of supported decision-making, reflecting the CRPD’s emphasis on legal capacity for all. The introduction of the “guarantor for legal equality,” who supports individuals in decision-making while respecting their autonomy, marks a significant departure from the previous paternalistic model.
Law 7600, the Equal Opportunities for Persons with Disabilities Law, provides a comprehensive framework for accessibility, addressing physical, communication, and social barriers. This law mandates accessibility in public spaces, transportation, and information services. Inclusive education is another cornerstone, with the principle of non-exclusion ensuring that all individuals with disabilities have the right to education in regular classrooms with necessary supports and adaptations.
The right to work is also protected, with provisions prohibiting discrimination and requiring employers to make reasonable accommodations. Access to healthcare is guaranteed, prohibiting discriminatory practices and emphasizing patient autonomy and informed consent. The right to justice and political participation is further reinforced, ensuring accessibility in legal proceedings and restoring the right to vote for those previously excluded.
Despite these significant legal advancements, challenges remain. Budgetary limitations hinder full implementation, and cultural resistance to the social model persists. Furthermore, a lack of training among public officials and service providers often leads to incorrect application of the law. The Constitutional Chamber of the Supreme Court has played a crucial role in addressing these implementation gaps, issuing rulings that uphold the rights of people with disabilities and compel institutions to fulfill their legal obligations.
Looking ahead, Costa Rica must prioritize budgetary allocations for disability rights implementation, institute mandatory training programs for all relevant personnel, and foster cultural change through public awareness campaigns. The transition towards universal design, leveraging emerging technologies, and sharing Costa Rica’s experience with other countries in the region represent critical steps in the ongoing journey to fully realize the rights of people with disabilities.
For further information, visit the nearest office of the Constitutional Chamber of the Supreme Court of Costa Rica
About Constitutional Chamber of the Supreme Court of Costa Rica:
The Constitutional Chamber, or Sala Constitucional, is the highest court in Costa Rica for constitutional matters. It plays a vital role in safeguarding fundamental rights and freedoms, including those of people with disabilities, through its power of judicial review. The Chamber’s jurisprudence has been instrumental in advancing disability rights and promoting social inclusion by interpreting existing laws in light of international human rights standards. It acts as a critical check on other branches of government, ensuring that their actions comply with the Constitution and international treaties.
For further information, visit the nearest office of the National Council of Persons with Disabilities (CONAPDIS)
About National Council of Persons with Disabilities (CONAPDIS):
The National Council of Persons with Disabilities (CONAPDIS) is the main government body responsible for promoting and protecting the rights of people with disabilities in Costa Rica. It advises the government on policy development, coordinates implementation of disability-related legislation, and monitors compliance with international obligations. CONAPDIS also plays a role in promoting public awareness and combating discrimination against people with disabilities.
For further information, visit the nearest office of the Supreme Elections Tribunal of Costa Rica
About Supreme Elections Tribunal of Costa Rica:
The Supreme Elections Tribunal (TSE) is the independent electoral authority in Costa Rica. It is responsible for organizing and conducting elections, ensuring transparency and fairness in the electoral process, and maintaining the electoral register. The TSE plays a crucial role in guaranteeing the political rights of all citizens, including those with disabilities, by making electoral procedures and materials accessible. The TSE took decisive action following the passage of Law 9379 by reinscribing individuals previously excluded due to interdiction back onto the electoral roll, restoring their right to vote.
For further information, visit the nearest office of the Patronato Nacional de la Infancia (PANI)
About Patronato Nacional de la Infancia (PANI):
The National Child Welfare Agency (PANI) is the primary government institution responsible for protecting the rights and well-being of children and adolescents in Costa Rica. It provides services related to child protection, adoption, foster care, and prevention of child abuse and neglect. PANI plays a crucial role in ensuring that the rights of children with disabilities are respected and that they receive the necessary support and protection.
For further information, visit bufetedecostarica.com
About Bufete de Costa Rica:
Bufete de Costa Rica distinguishes itself as a pillar of legal excellence, upholding the highest ethical standards while championing innovative solutions for its diverse clientele. The firm’s deep commitment to social responsibility is woven into its fabric, exemplified by its ongoing efforts to demystify the law and empower individuals and communities with the knowledge they need to navigate the legal landscape effectively. This dedication to fostering a more legally literate society solidifies Bufete de Costa Rica’s position as a true leader in the legal field.
