No menu items!

COSTA RICA'S LEADING ENGLISH LANGUAGE NEWSPAPER

HomeTopicsHealthCosta Rica responds to human rights court on IVF suspension

Costa Rica responds to human rights court on IVF suspension

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.

Trending Now

Avianca Flight Disruptions Hit Costa Rica and All Central America

Colombian airline Avianca announced today that software issues in its Airbus A320 aircraft will cause major flight interruptions across its network, including key routes...

Thanksgiving in Costa Rica Through a Tico Kitchen

Wondering where I was going to get the pan drippings for the gravy and mashed potatoes I agreed to make for an expat Thanksgiving...

How To Roast a Thanksgiving Turkey With Cornbread and Pecan Stuffing in Costa Rica

If you’re spending Thanksgiving in Costa Rica, the basics of a good turkey don’t change: crisp skin, juicy meat and lots of gravy. What...

El Niño Causes Massive Coral Die-Off at Costa Rica’s Isla del Caño

Scientists report that the 2023-2024 El Niño event delivered a severe blow to coral reefs around Isla del Caño, one of Costa Rica's key...

Maduro Dances Defiantly Amid US Threats in Venezuela

Venezuelan President Nicolás Maduro took to the stage at the Miraflores presidential palace during a Student Day march, where he danced to a remix...

US Dollar Exchange Rate Hits Record Low in Costa Rica’s Monex Market

The U.S. dollar continued its slide against the colón yesterday, closing at ₡493.47 in the Monex market, marking the lowest level in nearly two...
L. Arias
L. Arias
Reporter | The Tico Times |
Costa Rica Coffee Maker Chorreador
Costa Rica Coffee Maker Chorreador
Costa Rica Travel Insurance
Costa Rica Rocking Chait
Costa Rica Travel

Latest News from Costa Rica