Q COSTA RICA — The Constitutional Court, also known as Sala IV, unanimously endorsed a reform to Article 36 of Costa Rica’s Constitution that limits the right of family members to decline to testify in proceedings involving sexual offenses against minors.
On September 23, the court determined that the constitutional reform bill—processed under legislative file number 23.729—contains no procedural or substantive defects.
The ruling stems from the mandatory legislative consultation on constitutionality.
The Sala IV concluded that, in cases of alleged sexual offenses against minors, the protection of the minor’s best interests may take precedence over the right of the suspect’s family members to decline to testify.
According to the Court, the amendment helps prevent impunity and the revictimization of minors.
Current Constitutional Provisions
Article 36 of the Constitution currently establishes that, in criminal matters, no one is compelled to testify against themselves.
This same protection extends to spouses, ascendants, descendants, and collateral relatives up to and including the third degree of consanguinity or affinity.
The reform introduces an exception to this right to decline to testify when sexual offenses against minors are under investigation.
The substitute text approved during the legislative process maintains the general protection while adding the exception solely for these specific offenses.
Sala IV Prioritizes Minors’ Best Interests
The Constitutional Court focused its analysis on balancing the constitutional protection afforded to family ties against the rights of minors who are victims of sexual offenses.
The court’s ruling indicates that the reform prioritizes the best interests of these minors over the right of the alleged perpetrator’s family members to decline to testify.
The Sala IV holds that this amendment can help prevent impunity and further victimization within the criminal justice process. The statement uses the term “alleged perpetrator,” meaning the constitutional analysis does not imply a prior determination of guilt.
The State must guarantee comprehensive support
The reform also includes a mandate requiring the State to guarantee support and a comprehensive institutional approach throughout the criminal proceedings.
This protection must be provided to minors who are alleged victims of such crimes.
The Court’s ruling does not specify in the statement the exact mechanisms through which this support is to be provided.
Inquiry submitted by the Legislative Directorate
The decision follows a mandatory legislative inquiry—a mechanism that the Legislative Assembly’s Directorate must initiate when constitutional reforms are being processed.
This type of inquiry also applies to amendments to the Law on Constitutional Jurisdiction and to bills aimed at ratifying international treaties.
The operative part of the resolution states that File No. 23,729 contains no procedural or substantive defects and orders that the decision be communicated to the Legislative Assembly’s Directorate.