Costa Rica Will Comply With Ruling Regarding Same Sex Marriage

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The Vice-President of Costa Rica Ana Helena Chacón Echeverría along with Marvin Carvajal, Legal Director for the Presidency and Eugenia Gutierrez, Legal Director for the Ministry of Foreign Affairs, had requested back in May 18, 2016 and advisory opinion to the Inter-American Court of Human Rights regarding same-sex marriage and transgender rights; today he Government received the official ruling.

The Court resolved that same-sex couples should be recognized and guaranteed “all the rights that are derived from a family bond between people of the same sex” and that the governments must guarantee access “to all existing forms of domestic legal systems, including the right to marriage, in order to ensure the protection of all the rights of families formed by same-sex couples without discrimination”.

Costa Rica’s consultation was made to clarify their position regarding same- sex-couples and whether they should be able to legally marry and therefore acquire property rights and other benefits different sex couples enjoy; the second inquiry was with regards to the transgender population having the right to change their name and gender in their official documents.

The ruling of the Inter-American Court is of obligatory compliance by all the members of the Organization of American States and ensures that the LBGTI population have their conventional rights guaranteed without any discrimination.

Ana Helena Chacón, Vice-President of Costa Rica stated that “the result of the IACHR fills me with excitement and optimism for the region, because it means that we are understanding the signs of times and the evolution of our societies towards justice and not discrimination… I am convinced that it is possible to become a society I which all people have the liberty to be themselves and love without hiding, asking for permission and in broad daylight”.

The resolution of the IACHR reconfirms what the American Convention of Human Rights had already guaranteed, the equal rights for all people, including the LGTBI population.

The Costa Rican Government will now study in depth the resolution of close to 150 pages that contain the opinion and the separate votes, in order to develop the necessary measures to guarantee the human rights discussed in it. The measures could include the approval of bills and the emission of new regulations and rulings, among others.

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