No menu items!

COSTA RICA'S LEADING ENGLISH LANGUAGE NEWSPAPER

HomeTopicsHealthCosta Rica IVF decree loses support of public health care system

Costa Rica IVF decree loses support of public health care system

President Luis Guillermo Solís’ decree legalizing in vitro fertilization in Costa Rica is going before the Supreme Court without the support of two major government agencies. The Government Attorney’s Office and the Costa Rican Social Security System both presented reports this week to the Constitutional Chamber of the Supreme Court — known as Sala IV — calling the decree unconstitutional.

The Government Attorney’s report said that the decree violates principles of separation of powers, the autonomy of the CCSS, and due process, among others. María del Rocío Sáenz, president of the Social Security System, or Caja, as it is known, said that the fertility treatment should only be regulated in Costa Rica by law, not executive decree.

Casa Presidencial presented its own report to Sala IV Wednesday defending the decree.

President Luis Guillermo Solís signed a decree on Sept. 11 regulating IVF in Costa Rica after a prolonged legal battle over the fertility practice. The battle was set off by a ruling from Sala IV in 2000 declaring that IVF violates the right to life guaranteed in the Costa Rican Constitution because fertilized eggs are sometimes discarded in the process.

The Inter-American Court of Human Rights ruled in 2012 that Costa Rica — which is a signatory to and host of the IACHR — must offer the practice after several couples successfully sued for the right to undergo IVF.

The Sala IV suspended the Solís administration’s decree on Oct. 7 in response to several constitutional challenges filed against it.

Casa Presidencial counsel Marvin Carvajal told The Tico Times he thought the Government Attorney’s Office and the Caja had misinterpreted the basis of the Inter-American Court’s ruling. He said that the matter is not one for legislative debate, and emphasized that the decree did not limit the rights of any Costa Rican citizen.

“When it comes to the ruling of an international court, like the Inter-American Court, it’s not for us to question or argue if the ruling was good or bad. The only thing we need to do is comply with it,” Carvajal said.

Despite losing the support of the Caja and Government Attorney’s Office, Carvajal said that Casa Presidencial remained optimistic about its case. He said that the court would hear new evidence, including what he argued was a more robust regulation than before the 2000 ban, and advancements in the science behind the fertility technique.

The lawyer said the administration was concerned about what could happen if Costa Rica remains non-compliant. “We don’t have the luxury of violating a ruling by the Inter-American Court,” he said.

Sala IV will continue to accept opinions on the case for another two weeks before calling another hearing.

Trending Now

Costa Rica Adoption Review Deepens After Norway Final Report

Norway’s final report on international adoptions has turned Costa Rica’s recent file review into a sharper official finding: Norwegian authorities did not do enough...

Surfer in Costa Rica Survives Needlefish Strike to the Heart

A Brazilian surfer survived a rare and severe ocean injury in Costa Rica after a needlefish leapt from the water at Playa Pavones and...

Costa Rica Questions Russian Military Footprint in Nicaragua

Russia has rejected Costa Rica’s concerns over the presence of Russian military personnel in Nicaragua, saying Moscow’s cooperation with Managua is legal, limited and...

Costa Rica Arrests Man Over Alleged Death Threat Against President

Costa Rican police arrested a man in San Carlos on Friday after authorities said he allegedly made a death threat against President Laura Fernández...

Costa Rica Carries Out Historic Raids Against Alleged Drug Network

Costa Rican authorities launched one of the largest organized-crime operations in our country’s recent history today, carrying out more than 100 raids in a...

Costa Rica Wildlife Cameras Capture Rare Swamp Eel Encounters

I should have a near zero percent chance of recording freshwater eels with my camera traps. Not only are they found underwater, but they’re...

Ex-Costa Rica Coach Alfaro Leads Paraguay to Crucial World Cup Win

Paraguay’s World Cup campaign came back to life Friday night under coach Costa Rican fans know all too well. Gustavo Alfaro, the Argentine manager...

Costa Rica’s Strongest El Niño Impacts Expected Between October and March

Costa Rica could face its most significant El Niño-related weather impacts between this October and next March according to projections from the National Meteorological...

Family Confirms Body Found in Costa Rica Is Missing U.S. Tourist

The family of Ashley Nicole Phillips has confirmed that a body found in a river in Barú de Pérez Zeledón is the missing 30-year-old...
🌴 The Weekly Pura Vida

Costa Rica, Once a Week

The week's top stories, weather & insider tips — delivered every Sunday. One email, zero clutter.

🔒 Free. No spam. Unsubscribe anytime.

Loading…

Latest News from Costa Rica

Costa Rica Coffee Maker Chorreador
Costa Rica Car Rentals
Costa Rica Travel Insurance
Costa Rica Travel