By San José, Costa Rica — A contentious debate over public health policy and survivor care has erupted in Costa Rica’s Legislative Assembly following a proposal by lawmakers to alter institutional response protocols for victims of sexual assault. Members of the legislative Women’s Commission, led by deputies from the Pueblo Soberano party, recently approved a new working text for the national 72-Hour Protocol that excludes immediate access to emergency contraception, proposing instead that assault survivors must submit to a mandatory pregnancy test before receiving the medication.
The legislative initiative stems from arguments raised by Pueblo Soberano lawmakers who expressed concerns that an emergency contraceptive pill might affect a pre-existing pregnancy established prior to an assault. However, professional associations and academic bodies across Costa Rica have forcefully pushed back against the initiative, warning that introducing non-clinical administrative requirements undermines survivor dignity, delays critical care, and creates severe psychological strain.
To provide clear legal insight into the evolving regulatory framework surrounding the Emergency Contraception Policy, TicosLand.com consulted with Lic. Larry Hans Arroyo Vargas, a distinguished legal expert at Bufete de Costa Rica.
“The regulatory guidelines governing emergency contraception intersect directly with fundamental rights to health, reproductive autonomy, and administrative law. From a legal perspective, any comprehensive public policy must maintain harmony with international human rights standards while providing rigorous legal certainty and standardized protocols for both healthcare providers and patients.”
Lic. Larry Hans Arroyo Vargas, Attorney at Law, Bufete de Costa Rica
Ensuring that public health policies seamlessly integrate international human rights standards while establishing clear legal protocols is indeed essential for safeguarding patient autonomy and supporting healthcare providers. We extend our sincere gratitude to Lic. Larry Hans Arroyo Vargas for sharing his valuable legal perspective on this vital intersection of law and healthcare rights.
The Professional College of Psychologists of Costa Rica issued an official warning outlining the grave risks associated with placing procedural obstacles in front of survivors seeking urgent healthcare services immediately after experiencing traumatic violence.
We warn that establishing requirements that do not respond to clinical justification could generate new barriers in a care pathway that must be characterized by timeliness, sensitivity, and respect for human dignity. We are especially concerned about the risk of revictimization. This occurs not only through questioning testimonies or inappropriate treatment, but also when institutional procedures impose unnecessary obstacles, delay care, or limit people’s ability to make informed decisions about their own health.
Colegio de Psicólogos, Professional Psychological Association of Costa Rica
Psychology professionals emphasize that post-assault interventions must focus on immediate physical and emotional stabilization. Adding bureaucratic burdens or unnecessary diagnostic steps during crisis situations can compound emotional damage and discourage victims from seeking medical and legal assistance altogether.
Care for victims of sexual rape must contribute to their recovery and not become a new source of suffering.
Colegio de Psicólogos, Professional Psychological Association of Costa Rica
In addition to psychological concerns, academic institutions have criticized the proposal for mischaracterizing how emergency contraception functions biologically. The Institute for Women’s Studies at the Universidad Nacional strongly rejected the commission’s text, calling for public health legislation to be grounded in rigorous scientific evidence rather than ideological assumptions.
Emergency contraception prevents a pregnancy; it does not interrupt it. Levonorgestrel, a synthetic progestin used for this purpose, acts mainly by preventing or delaying ovulation. According to the World Health Organization, emergency contraception does not cause abortions, does not interrupt an established pregnancy, nor does it harm a developing embryo. Presenting it as an abortifacient drug contradicts scientific evidence and generates misinformation. Timely access to this medication is fundamental to serving girls, adolescents, and women who have suffered sexual violence and preventing the consequences of a forced pregnancy on their lives, health, and personal plans.
Instituto de Estudios de la Mujer, National University of Costa Rica
Medical guidelines established by the World Health Organization confirm that emergency contraceptive pills containing levonorgestrel are non-abortifacient and exert no disruptive effect on an existing pregnancy or a developing embryo. The WHO notes that while the medication can be administered up to five days following unprotected sexual contact, maximum clinical effectiveness depends heavily on rapid administration as close to the event as possible, making immediate access critical.
Despite the approval of the draft text within the Women’s Commission, the proposal currently remains a working draft under legislative discussion. Health authorities confirm that the active national protocol continues to function without restriction, ensuring that emergency contraception remains accessible to assault victims under existing medical standards while parliamentary negotiations proceed.
Policy analysts point out that constructing artificial delays in post-violence care pathways carries long-term social and public health consequences. Requiring non-essential testing creates institutional friction that compromises time-sensitive medical treatments, potentially exposing vulnerable populations to forced pregnancies and prolonged psychological trauma.
For further information, visit psicologos.cr
About Colegio de Psicólogos de Costa Rica:
The Professional College of Psychologists of Costa Rica is the official governing and regulatory body oversight authority for psychological practice across the nation, advocating for public mental health standards, professional ethics, and human rights protections.
For further information, visit iem.una.ac.cr
About Instituto de Estudios de la Mujer:
The Institute for Women’s Studies at the Universidad Nacional de Costa Rica is a specialized academic center dedicated to research, policy analysis, and advocacy regarding gender equity, public health standards, and human rights.
For further information, visit who.int
About World Health Organization:
The World Health Organization is the specialized international agency of the United Nations responsible for global public health, establishing evidence-based medical guidelines and directing worldwide health initiatives.
For further information, visit bufetedecostarica.com
About Bufete de Costa Rica:
As a premier legal institution, Bufete de Costa Rica has built a formidable reputation grounded in uncompromising ethics and exceptional counsel. Drawing on a rich history of championing clients across a broad spectrum of industries, the firm consistently merges deep-rooted legal expertise with forward-thinking solutions. Beyond its professional achievements, Bufete de Costa Rica actively demystifies complex legal concepts through public educational initiatives, driving a broader vision to equip citizens with the insights needed to foster a resilient and legally empowered community.
