Q COSTA RICA — On Monday, October 6, the Partido Liberación Nacional (PLN) caucus introduced a partial amendment to the Constitution seeking to exclude sexual offenses from the immunity currently granted to members of the supreme branches of government.
This would allow investigations or criminal proceedings regarding such conduct to move forward without first requiring a vote by the Legislative Assembly.
The initiative, led by PLN caucus chief Álvaro Ramírez, proposes amending Articles 110, 121 (subsection 9), 143, and 151 of the Constitution.
The proposal does not eliminate constitutional immunity but rather creates an exception for cases of sexual abuse, sexual harassment, or any other offense of a sexual nature. According to the text, the immunity would continue to protect officials against potential political persecution related to the performance of their duties.
Ramírez stated: “We have viewed with great concern how the immunity enjoyed by high-ranking officials of the supreme branches of government is used as a shield of impunity against serious cases—such as those we have witnessed—involving sexual offenses, harassment, and sexual abuse; this cannot continue to happen.”
Ramírez noted during a press conference that immunity was not created to shield public officials from accountability for such conduct, but rather to allow them to perform their duties without facing political reprisals. The legislator stated that his parliamentary group hopes to secure the support of other factions to pass the reform.
The amendment to Article 110 would expressly establish that parliamentary immunity would not prevent the investigation, criminal prosecution, or trial of lawmakers for sexual abuse, sexual harassment, or other sexual offenses, and that prior authorization from the Legislative Assembly would not be required in such cases.
The reform to Article 121, subsection 9—which currently empowers Congress to decide, by a two-thirds majority of its total membership (38 votes), whether to admit an accusation against certain high-ranking officials—would add an exception for sexual offenses. In such cases, a criminal investigation could begin or proceed without Congress first declaring that there are grounds for prosecution.
The bill would also amend Article 143 to establish that the immunity enjoyed by government ministers would not prevent their investigation or trial for sexual offenses, while Article 151 would allow for the investigation and criminal prosecution of the President or Vice President of the Republic for those same offenses without a prior declaration of grounds for prosecution by the Legislative Assembly.
The proposal further stipulates that individuals subject to such proceedings would retain due process guarantees and the right to a defense. The text clarifies that excluding these offenses from the immunity-lifting procedure does not imply a declaration of guilt, nor does it result in an automatic sanction or removal from office.
PLN legislator Janice Patricia Sandí stated that maintaining a political filter… …in such cases can send a message of impunity to victims of sexual violence.
We cannot allow the wrong message—one of impunity shielded by immunity—to reach the thousands of women who have been victims of sexual harassment, whether in the family or the workplace.”
Sandí questioned the fact that complaints regarding sexual harassment within Congress could conclude solely with internal measures, maintaining that such matters should be referred to the judicial system when appropriate.
It is unacceptable to walk away from the Legislative Assembly with nothing more than a verbal reprimand or a warning in a case of sexual harassment occurring within the Republic’s primary branch of government.”
The bill’s explanatory statement notes that the reform also addresses incidents occurring within the Legislative Assembly itself and questions the requirement that a complainant must first clear a political vote involving 38 lawmakers before a court can hear the facts of the case. The document also cites Judiciary statistics showing that, in 2024, 15,562 women were recorded as victims of sexual offenses, representing 87% of the total figure reported by the source.
When asked about the votes required to pass a constitutional reform, Ramírez noted that the PLN had initiated talks to secure support and expressed hope that the stance taken by other parliamentary groups regarding recent allegations would translate into support for the initiative.
“The important thing is to change the rules of the game, and for those rules to reflect the political and ethical commitment we hold,” he stated.
Ramírez also referred to the case of ruling-party legislator Fernando Obaldía Álvarez of the Partido Pueblo Soberano (PPSO) and the willingness expressed by other parliamentary groups to allow the investigation concerning that legislator to move forward.
The PLN caucus leader maintained that the use of political power in cases of sexual abuse is “unacceptable” and asserted that the reform aims to establish a general rule for high-ranking officials covered by parliamentary immunity.
This article is a translated and adapted from Delfino.cr. While every effort has been made to preserve the original meaning, tone, and intent, certain words, expressions, cultural references, or examples may have been modified to make the content clear and relevant to the target audience.
