The Inter-American Commission of Human Rights (CIDH) acknowledged the decision of the Constitutional Chamber of the Costa Rican Supreme Court which  declared unconstitutional the article of the Family Code that explicitly prohibits same sex marriage, and the Commission urges the State to advance immediately in the effective implementation of this sentence.

The Supreme Court of Costa Rica ordered the Legislative Assembly to adjust the legislation in a term of no more than 18 months recognizing same sex marriage; in the event that in that term the Legislative Assembly does not comply with the legal mandate the norm will become null and same sex marriage will be recognized immediately.

The decision mentions the criteria of the Advisory Opinion of the CIDH in which it urged the States to promote legislative, administrative and judiciary reforms, necessary to adequate their internal laws to guarantee the right of same sex couples to marry. However, the fact that the Supreme Court has maintained the validity of insert 6 of Article 14 of the Family Code for 18 months has generated concern in Costa Rica’s civil society.

In this aspect, the Commission emphasizes that the American Convention of Human Rights prohibits the discrimination of any type. Therefore, any norm, act or discriminatory practice based on sexual orientation, gender identity of the expression of gender of a person is prohibited. No norm of internal law can restrict in any way the rights of a person due to its sexual orientation, gender identity or expression of gender.

“It is important that the States of the region recognize diverse families and that the lack of consensus in a country is not used as a valid argument to deny or restrict the rights of lesbian, gay, bisexual, trans or intersex people, or to replicate the historic and cultural discrimination that these population has suffered”, affirmed Flavia Piovesan, the commissioner of CIDH on the Rights of LGBTI People.

The Inter-American Commission urges the States to promote laws and public policies that guarantee the human rights, the equality and no discrimination of the LGBTI population, advancing in the construction of more inclusive, free and equal societies, free of all forms of violence, discrimination and prejudice.