National

The age of consent is 18 years

Courts & Tribunals

In April 2003, a transwoman has been granted "provisional custody" of the 9 year old child she had been taking care of since he was a baby. [R1].

"Provisional custody" is the first step in the way to legal adoption of a minor.

Courts & Tribunals

In August 2010. the Supreme Court ruled against allowing a referendum on whether gay couples should be permitted to have civil unions stating, stating: "Minority rights that are derived from claims against the majority cannot be subject to a referendum process where majorities are needed" [R1.1].

In August 2008, the Constitutional Tribunal ruled that gay felons in the Costa Rican prison system would not be allowed conjugal visits [R1.2]

Courts & Tribunals

In September 1998, the Supreme Court of Costa Rica added two important articles of freedom to the Constitution [R1.1].

Article 20 of the Constitution effectively says: "All people are free in the Republic, [whether] male or female [and are] under the protection of the [Republic's] laws".

Article 33 of the Constitution effectively says: "all people are equal under the law, and can not be discriminated [against] in any way that is against her or his humanity". This is an addition of a non-discrimination provision for all Gays, Lesbians, Bisexuals and Transgenders.

An explanation of the anti-discrimination law reads: "Whoever practices any form of discrimination, based on race, nationality, gender, age, political option, sexual orientation, social position, or economical situation, marriage status, or deseases (this includes HIV/AIDS) [may] be [subject] by law to twenty to sixty days in jail." [R1.1].

Previously:

In April 1996, the Defensoria de los Habitantes in the Central American country of Costa Rica has ruled that the country's constitution does not allow the Government to deny legal recognition to minority groups such as gay men and lesbians [R1.2].

National

Consensual sex between same-sex couples is not specifically prohibited in Costa Rica [R1.1].

In 2002, Article 382 in the Penal Code was rewritten by Law No 8250 of 17 April 2002, and the previous provision which criminalised scandalous sodomy was repealed. The modification came into force on 10 April the same year [R1.1]