• Costa Rica Real Estate Auction
  • Costa Rica Real Estate

Costa Rica responds to human rights court on IVF suspension

October 16, 2015

Costa Rica’s government submitted an official report Thursday evening to the Inter-American Court of Human Rights (IACHR) about its progress in legalizing in vitro fertilization (IVF) procedures.

The San José-based regional court sent two separate requests on Sept. 25 and Oct. 9 asking the government to explain, by Oct. 15, its advances in terms of reinstating IVF and drafting legislation to regulate it. IVF was banned in Costa Rica in 2000.

In its response, the government highlighted President Luis Guillermo Solís’ signing last month of an executive decree to legalize IVF, saying the action constitutes compliance with the court’s orders. The government also told the court that both the Social Security System, or Caja, and the Public Health Ministry are working on outlining technical procedures for reinstating IVF.

The 17-page document also explains that Caja experts have been providing psychological treatment to couples who have been unable to conceive and unable to try IVF because of the ban. It also lists other government actions such as training courses on sexual and reproductive rights for Judicial Branch officials, as requested by the IACHR.

The response also describes the recent setback in legalizing the fertility procedure because of a challenge filed by a group of lawmakers before the Constitutional Chamber of the Supreme Court, or Sala IV.

The lawmakers are challenging the constitutionality of Solís’ decree, meaning it is temporarily suspended pending the constitutional court’s ruling. The government document released Thursday explains all possible legal scenarios for a ruling, including the annulment of the decree.

Huberth May, a lawyer for several of the couples who filed the initial complaint about Costa Rica’s IVF ban before the IACHR, said he firmly believes Solis’ legalization decree is constitutional and consistent with the American Convention on Human Rights, “a superior-ranking body that is even above the Constitution.”

The lawyer also thinks the country will be forced to comply with the Inter-American Court’s ruling “despite the opposition of Sala IV and of ultraconservative groups who have tried to tarnish the human right to procreation.”

IACHR’s next ordinary session is scheduled for November. There’s no deadline to issue a ruling on the Costa Rican government’s report.

Plaintiff couples in the Inter-American Court case are hoping for an expedited ruling, considering the justices’ quick response in requesting an official explanation for the Sala IV’s action suspending the decree, May said.

Sala IV banned IVF in 2000 arguing that the procedure violates the fundamental right to life. Costa Rica is the only country in the Western Hemisphere to ban the fertility procedure. The Inter-American Court of Human Rights ordered the country to remove the ban in 2012 and make IVF available.

You may be interested

U.S. Embassy tweet of supposed tsunami causes alarm in El Salvador, Central America
Central America
49 views
Central America
49 views

U.S. Embassy tweet of supposed tsunami causes alarm in El Salvador, Central America

AFP and The Tico Times - November 11, 2019

A tweet that warned of a potential tsunami on the Pacific coast caused alarm Monday in El Salvador, where President…

Their future in the United States at stake, ‘Dreamers’ trek to Supreme Court
immigration
25 views
immigration
25 views

Their future in the United States at stake, ‘Dreamers’ trek to Supreme Court

Ariela Navarro / AFP - November 11, 2019

Carolina Fung Feng was resting after the grueling 230-mile walk from New York to Washington for a Supreme Court hearing…

Exciting new opportunity for Costa Rica buyers and sellers
Sponsored content
21 views
Sponsored content
21 views

Exciting new opportunity for Costa Rica buyers and sellers

The Tico Times - November 11, 2019

Bid on three unique Costa Rica properties. You Have Until Tuesday, November 12, 2:00 P.M. Here is some brief background…

Do NOT follow this link or you will be banned from the site!