The Constitution of Costa Rica provides the same rights, freedoms and opportunities for all individuals and prohibits any form of discrimination. The situation of women improved during the 1990s, but social discrimination remains evident, particularly in regard to access to land and to credit. Domestic violence is still a major problem and seems to have increased in recent years.
The Family Code does not sufficiently protect Costa Rican women in relation to family matters. The minimum legal age for marriage is 18 years for both men and women. However, with parental consent, both men and women can marry at the age of 15. Thus, early marriage is quite common. A 2004 United Nations report estimated that 20 per cent of girls between 15 and 19 years of age were married, divorced or widowed.
Polygamy is not a common practice in Costa Rica.
Costa Rica was one of the first countries in the world to pass legislation (in 1973) granting parental authority to both spouses. This law also provides for equality in the case of divorce. Nonetheless, gender distinctions remain. The Family Code specifically states that husbands are primarily responsible for supporting the family, and wives must support their husbands in this task, proportionate to their own resources. The government is planning to reform the Family Code to incorporate the idea that “each spouse should contribute to the costs of the household in line with his or her resources”.
In 1995, Costa Rica passed an act governing common law marriages and providing for equality between men and women. Despite this legislative framework, and the absence of any law that grants men status as head of the family, traditional arrangements persist. For example, custom dictates that women take responsibility for educating children, even though this task is not specifically imposed by law. In the vast majority of divorce cases, custody of the children is awarded to the mother. Divorced women who wish to remarry are obliged to wait at least 300 days after the dissolution of their previous marriage. Failure to abide by this rule is punishable by a fine.
There are no apparent restrictions on women’s inheritance rights; they can act as both executors and administrators of wills.
Women’s physical integrity is generally quite well protected in Costa Rica. In an effort to reduce violence against women, the government passed (in 1996) a law specifically addressing domestic violence. The law stipulates that rape, including spousal rape, should be punished by 10 to 18 years in prison, although the Independent National Institute for Women (INAMU) reports that spousal rape is very difficult to prove. This law does provide protection for victims and includes provisions for keeping the perpetrators of violence at a distance. The government continues to consider domestic violence as a serious and growing problem. However, several NGOs report that the police are not yet applying the full range of legislative measures.
Female genital mutilation is not a common practice in Costa Rica and there are no indications that it is a country of concern in relation to missing women.
Costa Rican women have rights to property ownership. Costa Rican law does not discriminate against women in regard to access to land. Nonetheless, statistics show that between 1962 and 1988 only about 10 per cent of land allocated by the Institute for Agricultural Development was granted to women. The situation improved significantly during the 1990s, when the law was amended to allow for allocation of land to a couple. Women now have greater access to land in the context of jointly owned property and do not face restrictions in their access to property other than land.
Legislation guarantees that Costa Rican women have access to bank loans. In practice, it is difficult for women to obtain loans (particularly business loans) because they typically hold few assets in their own names or lack the means to provide financial guarantees. Access to loans is even more limited in rural areas. According to the Costa Rican National Bank, the number of loans granted to women for agriculture, fishing or farming is still very low in relation to the total number of loans accorded. However, the bank’s statistics show that the percentage of loans granted to women for small- and medium-sized enterprises increased slightly between 1999 and 2000.
Women’s civil liberties are respected in Costa Rica and the Constitution guarantees freedom of movement. However, tradition dictates that men have greater say than women in the choice of where they will live as a couple. There do not appear to be any restrictions on freedom of dress.
CEDAW (Committee on the Elimination of Discrimination against Women) (2001), Consideration of Reports Submitted by States Parties Under Article 18 of the Convention on the Elimination of All Forms of Discrimination against Women: Costa Rica, Combined Initial, Second and Third Periodic Reports of States Parties, CEDAW/C/CRI/1-3, CEDAW, New York, NY.
JICA (Japan International Cooperation Agency) (2005), Costa Rica: Country Gender Profile, JICA, Tokyo.
US Department of State (2007), Country Reports on Human Rights Practices: Costa Rica, US Department of State, Bureau of Democracy, Human Rights and Labor, Washington, DC.
UN (United Nations) (2004), World Fertility Report 2003, UN Department of Economic and Social Affairs, Population Division, New York, NY.
