[2] Under the Carlos Alvarado Quesada administration, the discussion of the "Technical Norm" to regulate the already legal therapeutic abortion is a hot issue, as the Evangelical parties (who have a large bloc in the Legislative Assembly) vigorously oppose it.
The Costa Rican Penal Code in its article 121 establishes that no abortion performed to protect the life or health of the mother, carried with the consent of the woman and participation of an authorized physician or obstetrician, can be punished.
Although it might be technically allowed, public hospitals, where the majority of Costa Ricans seek medical treatment, generally decline to provide the procedure unless a woman's life is on the line, such as in the situation of an ectopic pregnancy.
"[7] On December 12th 2019, Costa Rica's President Carlos Alvarado issued a technical decree that allowed for therapeutic abortions in the Central American nation, despite opposition from religious and conservative political groups.
[9] Fabricio Alvarado, leader of the opposition, actively participated in the protest and accused the government of attempting to enforce "unlimited abortion" in defiance of the majority's wishes.
[10] "To doctors, my call is also that, faithful to the principle and vocation to which they have consecrated themselves, allow them to place their gifts at the service of the mother and her son," Bishop Herrera said, as reported by CNA's Spanish-language news partner ACI Prensa.
[10] Rodrigo Chaves Robles is Costa Rica's current President and has played a pivotal role in shaping the country's approach to therapeutic abortion.
[11] The discussions centred around the topic of abortion, particularly the therapeutic interruption of pregnancy[11].This commission, composed of subject experts, representatives from the Ministry of Health, the Costa Rican Social Security Fund (CCSS), medical professionals, and other stakeholders, concluded its assessment on June 20, 2022.
[11] Chaves Robles acknowledged his limited expertise on the matter but emphasised that any deviations from the core objective of protecting the mother's life would warrant careful examination.
[11] The technical standard, initially signed in December 2019 by then-President Carlos Alvarado, holds paramount importance in the landscape of abortion regulations in Costa Rica.
"[15]Following a comprehensive 10-day visit to Costa Rica, UN Special Rapporteur on health rights, Tlaleng Mofokeng, has emphasised the country's potential to overcome challenges and achieve truly universal healthcare.
[17] She proposed a moratorium on enforcing abortion laws and commended Costa Rica for its effective COVID-19 strategies, urging ongoing stakeholder involvement in health policymaking.
[17] Additionally, Mofokeng addressed issues of racism and xenophobia, identifying them as significant obstacles to health rights, as marginalised communities often face systemic violence.
[17] While acknowledging Costa Rica's progress, Mofokeng's visit underscored the importance of comprehensive healthcare reform that ensures equitable access for all individuals, especially marginalised groups.
[18] The Church questioned the claim that deaths related to obstetrics would have been prevented through total decriminalisation of abortion, and stated that intentionally taking the life of a foetus is the worst form of discrimination a human being can experience.
[19] The limited availability of suitable medical methods and the legal intricacies surrounding the process contribute to the challenges faced by women seeking abortion services.
[19] The restricted availability of Cytotec stems from its key component, misoprostol, which the World Health Organization (WHO) recognizes as a safe element for performing abortions.
[19] Ensuring safe abortion care extends beyond medical safety; it involves addressing societal stigmatization and the potential legal repercussions that women may face.
[19] These online platforms facilitate communication through WhatsApp, inquiring about factors like gestational age and delivery coordination, but purchasing from them can carry legal and safety risks.
[19] The landscape surrounding abortion access in Costa Rica reflects both medical complexities and legal considerations, emphasizing the need for comprehensive and compassionate approaches that prioritize women's health and autonomy.
[26] Despite the consistent presence and historical influence of religious figures on public policy, recent challenges to sexual and reproductive rights have emerged from a changing landscape.
[29] Through an inclusive and participatory approach, the event aimed to collaboratively create an agenda and action plan to advance the cause of legal, safe, and free abortion in Costa Rica.
[29] The event received support from several other groups, including Colectiva por el Derecho a Decidir and CLACAI, who work to end unsafe abortion across Latin America.
[31] Empowered by the immediacy of social media,[32] which enables the rapid dissemination of information, activists throughout Latin America have drawn inspiration and momentum from successes like the complete decriminalization of abortion in Argentina in 2020.
[4][34] In 2007, Ana and Aurora, two Costa Rican women denied abortions despite having dangerously malformed foetuses[35][36].Aurora, aged 32, shared with La Nación newspaper, "He struggled within my abdomen for weeks, with his lungs exposed outside his body, torn open by my own organs."
The Inter-American Court of Human Rights conducted an open hearing in the Beatriz v. El Salvador case, a significant event that holds potential implications for Costa Rica and other Latin American nations grappling with severe abortion laws.
[37] The Inter-American Court's deliberations on the Beatriz case provide an important reference point for understanding Costa Rica's approach to abortion and its potential impact on broader regional dynamics.
[38] Additionally, the focus on this case highlights Costa Rica's role as the host of the Inter-American Court hearing and its commitment to engaging in conversations around human rights, gender equality, and reproductive health.
[38] The outcome of the court's decision could prompt Costa Rica to reflect on its own abortion policies and consider potential adjustments that align with evolving regional standards and human rights norms.
[38] As the court's ruling approaches, its implications for countries like Costa Rica will underscore the importance of addressing the intersection of legal frameworks, societal attitudes, and women's health in discussions surrounding reproductive rights.