Comments on: Costa Rica’s Supreme Court suspends decree permitting IVF after appeal

By: SarongGoddess

SarongGoddess — Thu, 08 Oct 2015 23:08:00 +0000

I’m REALLY SICK of these people that CLAIM to be “pro-life” as it’s LIES!! They are NOT about QUALITY of life!! What they are is pro-FETUS & pro-Eggs but the don’t give a DAMN about the suffering THEY are INFLICTING upon these families that would give anything to have their OWN family. Pretty SELF ABSORBED trying to control others lives!! Do they have so little going on in their OWN lives that they feel a need to butt into others? Ahhhh the KARMA these people ARE creating for themselves. I’d be curious how much THEY suffer in “the end” with the suffering they’re inflecting on others.

By: Ken Morris

Ken Morris — Thu, 08 Oct 2015 23:08:00 +0000

Thanks.

By: costarick

costarick — Thu, 08 Oct 2015 19:55:00 +0000

I would agree that the Human Rights Court would not have jurisdiction to compel payment by the Costa Rica Government (CCSS) for the IVF procedure, only that the IVF procedure is able to be legally performed in Costa Rica.

By: Ken Morris

Ken Morris — Thu, 08 Oct 2015 19:14:00 +0000

This is a helpful explanation for how an executive decree consistent the ruling of an extra-territorial court whose authority has already been recognized by the legislative assembly can become law without legislative action.

However, I wonder what you make of Redondo’s second point, namely that the decree violates the autonomy of the CCSS. I gather he is referring to the apparent requirement of the decree that the CCSS pay for this expensive procedure, and can’t imagine that the Human Rights Court is empowered by treaty to compel Costa Rica to pay for any specific medical procedures.

By: costarick

costarick — Thu, 08 Oct 2015 18:09:00 +0000

In Costa Rica, the law is that a ruling from an extra-territorial court, whose jurisdiction has been recognized and ratified by the Costa Rica Legislative Assembly by way of adopting an International Treaty, such as the Human Rights Court is recognized, is paramount over any other legislation enacted in Costa Rica pursuant to the provisions of the Constitution, or otherwise. As such a Treaty exists adopting the jurisdiction of the Human Rights Court in Costa Rica, there should be nothing to Appeal to the Sala IV. The Human Rights Court has ruled in favour of IVF in Costa Rica, as a basic fundamental right of the citizens.