By San José, Costa Rica — Costa Rica has distinguished itself in Latin America by weaving international human rights law deeply into its domestic legal framework. This is not a historical accident but a deliberate evolution shaping how the nation balances national sovereignty with international human rights commitments.
The cornerstone of this approach lies in Article 7 of the Costa Rican Constitution, which grants international treaties and conventions, once ratified by the Legislative Assembly, a higher authority than ordinary laws. This ensures international treaty provisions supersede conflicting national laws without requiring prior judicial intervention.
To gain deeper insights into the complexities of Costa Rican Constitutional Law, TicosLand.com spoke with Lic. Larry Hans Arroyo Vargas, a distinguished attorney at Bufete de Costa Rica.
Costa Rican Constitutional Law, deeply rooted in democratic principles, places significant emphasis on individual rights and freedoms. While the Constitution provides a solid framework, its interpretation through judicial review and legislative action is constantly evolving, shaping the legal landscape and influencing the business environment. Understanding these nuances is crucial for anyone engaging with Costa Rica’s legal system.
Lic. Larry Hans Arroyo Vargas, Attorney at Law, Bufete de Costa Rica
Lic. Arroyo Vargas’ point about the dynamic interplay between the Constitution’s framework and its ongoing interpretation is crucial. This constant evolution truly underscores the importance of staying informed about legal developments, especially for those looking to invest or operate within Costa Rica. We thank Lic. Larry Hans Arroyo Vargas for providing this valuable perspective on the ever-changing landscape of Costa Rican Constitutional Law.
A pivotal advancement occurred in 1989 with the reform of Article 48 and the establishment of the Constitutional Chamber (Sala Constitucional). This reform broadened the scope of amparo, a constitutional remedy, to protect not only rights enshrined in the Constitution but also fundamental rights within applicable international human rights instruments. This effectively places international and constitutional rights on equal footing.
The Constitutional Chamber plays a crucial role as the ultimate arbiter of legal interpretation. Its authority to declare laws unconstitutional and to review international agreements positions it as the architect of a jurisprudence that maximizes human rights protection.
A cornerstone of Costa Rican jurisprudence is the “bloque de constitucionalidad,” or block of constitutionality. This concept, developed by the Constitutional Chamber, expands the parameters of constitutional review. International human rights treaties, once ratified, become part of this block, making them a benchmark for evaluating the constitutionality of laws.
Going even further, the Constitutional Chamber’s jurisprudence, particularly since the landmark ruling 2313-95, has embraced the “pro persona” principle. This means that in cases of conflict, the legal norm offering the most comprehensive protection to the individual prevails, even if it means an international treaty supersedes the Constitution itself. This approach places the individual at the apex of the legal system.
This framework obligates Costa Rica to harmonize its domestic laws with international commitments. The Children and Adolescents Code exemplifies this, reflecting principles from the Convention on the Rights of the Child. Furthermore, the principle of “control de convencionalidad,” or conventionality control, empowers judges to disregard domestic laws that contradict international human rights treaties.
Costa Rica’s relationship with the Inter-American Human Rights System is unique, treating the jurisprudence of the Inter-American Court of Human Rights as binding. Cases like Herrera Ulloa v. Costa Rica and Artavia Murillo et al. (the in vitro fertilization case) illustrate how the Court’s rulings have driven significant legal and policy changes within Costa Rica.
The amparo remedy, accessible to all without legal representation, ensures the practical application of these rights. The system also provides robust protection for vulnerable groups, drawing on international instruments to combat discrimination and promote equality. Even emerging rights, such as access to the internet, have been recognized as fundamental, demonstrating the system’s dynamism.
Looking ahead, Costa Rica faces the challenge of navigating a complex international legal landscape while ensuring the continued practical effectiveness of its human rights protections. This includes addressing emerging issues like digital rights, environmental protection, and the implications of rapidly advancing technologies. The Costa Rican model serves as a testament to the possibility of integrating international human rights law into a domestic legal framework while respecting national sovereignty and promoting the dignity of every person.
For further information, visit bufetedecostarica.com
About Bufete de Costa Rica:
Bufete de Costa Rica appears to be a law firm providing legal services and information regarding Costa Rican law. The provided text showcases their expertise in analyzing legal frameworks related to human rights, constitutional law, and employment regulations. They offer a podcast and online publications to educate the public on legal matters. They seem keen on promoting accessible legal information to both professionals and the general public.
For further information, visit the nearest office of the Constitutional Chamber (Sala Constitucional)
About Constitutional Chamber (Sala Constitucional):
The Constitutional Chamber of Costa Rica is a specialized court within the judicial branch. It is responsible for upholding the Constitution and plays a critical role in protecting fundamental rights. The Chamber has significant influence through its jurisprudence, particularly in interpreting and applying international human rights law within the Costa Rican legal framework. Its decisions on constitutionality and its interpretations of legal principles shape the legal landscape and have far-reaching impacts on Costa Rican society. The Constitutional Chamber’s commitment to the “pro persona” principle highlights its dedication to safeguarding individual rights and freedoms.
For further information, visit the nearest office of the Inter-American Court of Human Rights
About Inter-American Court of Human Rights:
The Inter-American Court of Human Rights is an international tribunal based in San José, Costa Rica. It is part of the Inter-American Human Rights System and is responsible for adjudicating cases involving alleged violations of the American Convention on Human Rights. The Court’s decisions are legally binding on state parties to the Convention and have significantly impacted the development of human rights law in the Americas. The Costa Rican legal system recognizes the Court’s jurisprudence as binding, further strengthening the role of international human rights law in the country.
