Costa Rica

Demographics

Estimated Total Population:

5 million

World Bank, 2018

Estimated SGM Population:

10,000 MSM

UNAIDS, 2018

Estimated Total SGM Adult Population:

N/A

N/A

Estimated % of SGM Adults (18+):

N/A

N/A

While there is limited quantitative data on SGM individuals in Costa Rica, the country has made a continued effort to become more inclusive. In 2018, the Costa Rican Supreme Court (Sala IV) ruled that the articles that previously prohibited same-sex marriage were unconstitutional. In late May of 2020, President Quesada of Costa Rica declared that Costa Rica would officially recognize same-sex marriage. There are many public spaces for LGBT individuals, and many travel agencies for LGBT tourists. Despite this, there are currently no legal protections to shield SGM individuals from discrimination.

Costa Rica's Laws and Policies from ILGA World Report (2019)

RECOGNITION
Marriage for Same-Sex Couples
Yes
Civil Unions
Yes
Joint Adoption
No
Second Parent Adoption
No
PROTECTION
Employment Nondiscrimination Laws
No
Broad Protections
No
Criminalization of Violence
No
Ban of Conversion Therapy
No
CRIMINALIZATION
Consensual Same-Sex Acts are Legal?
Yes
Gender
Does Not Apply
Max Penalty (Yrs in Prison)
Does Not Apply

Selected Published Studies, Reports, and Other Documents

Barker, R. S. (2015). Inverting Human Rights: The Inter-American Court versus Costa Rica. The University of Miami Inter-American Law Review, 47(1), 1–19. JSTOR. https://www.jstor.org/stable/26788275?seq=1#metadata_info_tab_contents

Costa Rica Is an Eco-Destination—It’s Also a Gay One. (2019, January 31). https://www.advocate.com/travel/2019/1/31/costa-rica-eco-destination-its-also-gay-one

Lester, T. (2011). Machismo at the Crossroads—Recent Developments in Costa Rican Gay Rights Law. Michigan State University College of Law International Law Review, 20(2), 421–440. https://heinonline.org/HOL/P?h=hein.journals/mistjintl20&i=427

Pineda Neisa, A. S., & Duran Chavarria, D. (n.d.). Progress and challenges in the Costa Rican penitentiary system on the specific needs of LGBTI persons deprived of liberty. Journal of Criminological Research Policy and Practice. https://doi.org/10.1108/JCRPP-02-2020-0024

Thayer, M. (1997). Identity, Revolution, and Democracy: Lesbian Movements in Central America. Social Problems, 44(3), 386–407. JSTOR. https://doi.org/10.2307/3097184

Wheeler, J., Anfinson, K., Valvert, D., & Lungo, S. (2014). Is violence associated with increased risk behavior among MSM? Evidence from a population-based survey conducted across nine cities in Central America. Global Health Action, 7(1), 24814. https://doi.org/10.3402/gha.v7.24814