LEGAL FRAMEWORK

The constitution establishes Catholicism as the state religion and requires the state to contribute to its maintenance. The constitution prohibits the state from impeding the free exercise of other religions that do not undermine “universal morality or proper behavior.” Unlike other religious groups, the Catholic Church receives special legal recognition under a concordat, and it is not registered as an association. Its assets and holdings are governed consistent with Catholic canon law.

The constitution recognizes the right to practice the religion of one’s choice. By law, a person claiming a violation of religious freedom may file suit with the Constitutional Chamber of the Supreme Court and may also file a motion before the Constitutional Chamber to have a statute or regulation declared unconstitutional. Additionally, a person claiming a violation of religious freedom may appeal to the Administrative Court to sue the government for alleged discriminatory acts. Legal protections cover discrimination by private persons and entities as well as the government.

The Ministry of Foreign Affairs and Worship is responsible for managing the government’s relationship with the Catholic Church and other religious groups. According to the law, a group with a minimum of 10 persons may incorporate as an association with judicial status by registering with the public registry of the Ministry of Justice. The government does not require religious groups to register; however, religious groups must register if they engage in any type of fundraising. Authorities require registration to conduct financial transactions, obtain legal representation, and own property.

The constitution forbids Catholic clergy from serving in the capacity of president, vice president, cabinet member, or Supreme Court justice. This prohibition does not apply to non-Catholic clergy.

An executive order provides the legal framework for religious groups to establish places of worship. They must submit applications to the local municipality to establish a place of worship and comply with safety and noise regulations established by law.

According to the law, public schools must provide nonsectarian Christian religious instruction for all grades by a person who is able to promote moral values and tolerance and be respectful of human rights. If a parent on behalf of a child chooses to opt out of religious courses, the parent must make a written request. The Ministry of Public Education provides religious education assistance to private schools, both Catholic and non-Catholic, including directly hiring teachers and providing teacher salaries and other funds for all grades.

The law allows the government to provide land free of charge only to the Catholic Church.

Only Catholic priests and public notaries may perform state-recognized marriages. Wedding ceremonies performed by other religious groups must be legalized through a civil union.

Immigration law requires foreign religious workers to belong to a religious group accredited for migration control purposes by the Ministry of Foreign Affairs and Worship. It stipulates religious workers may receive permission, which is renewable, to stay at least 90 days, but not more than two years. To obtain accreditation, a religious group must present documentation about its organization, including its complete name, number of followers, bank information, number of houses of worship, and names of and information on the group’s board of directors. Immigration regulations require religious workers to apply for temporary residence before arrival.

The country is a party to the International Covenant on Civil and Political Rights.

GOVERNMENT PRACTICES

As of year’s end, the Legislative Assembly was still working to resolve proposed amendments to a hate crime bill introduced in 2020 that would criminalize hate crimes, cases of discrimination, and other abuses of human rights. In September, a representative introduced a separate bill to allow sanctioning businesses or private enterprises that discriminate on the basis of religion or other protected categories. Also in September, a representative introduced a bill to obligate those in positions of authority, including religious authorities, to report instances of sexual crimes committed against minors or individuals with disabilities. Catholic representatives publicly criticized the proposed measure as an affront to religious freedom by potentially obligating priests to break the secrecy of confession.

During a meeting, the government outlined its priorities for advancing religious freedom, including codifying the registration process for religious groups and outreach to religious communities.

In September, the government announced it was partnering with the United Nations to create a National Strategy against Hate Speech and Discrimination. Authorities said a multidisciplinary team of professionals with extensive experience in government and the United Nations would lead the process with the goal of completing the strategy by the end of the year.

In May, two draft bills introduced in 2019 expired due to lack of legislative action. One sought to amend the constitution to make the country a secular state. The other aimed to clarify the legal responsibilities of religious groups in connection with misconduct and illegal acts committed by religious leaders who are affiliated with them and to amend the criminal code to place religious leaders or organizations that use their activities for illegal acts under a distinct criminal code.

Members of Protestant groups registered as secular associations continued to state their preference for a separate registration process that would specifically cover church construction and operation, permits to organize events, and pastoral access to hospitals and prisons for members of non-Catholic religious groups. The groups continued to seek the changes through the passage of a religious freedom bill under legislative review since 2018. If passed, the bill would address the concerns of non-Catholic groups regarding the registration of religious groups, including through language clarifying the definition of religious groups. According to authorities, when the government denied a religious group’s registration, it was often because the group’s purpose or main activity did not include worship. In the case of the Catholic Church, the government continued to address such concerns through the special legal recognition afforded the Church under canon law.

During the year, the Constitutional Chamber received four claims of religious discrimination. Two concerned failure by a school and a university to reschedule exams for claimants who celebrated a religious holiday on the day of the exam. The chamber agreed with the students and the institutions rescheduled their exams. A third claim involved a member of Jehovah’s Witnesses who received an emergency blood transfusion in a surgical procedure due to the lack of an alternative solution. The chamber dismissed this claim on grounds that the hospital tried to use an alternative method. The final claim concerned minors who were forced to remain in a religion class despite their parents’ written request that they be exempted. The chamber ordered the school to let the students wait in another space during the religion class and ordered the state to pay any resultant costs, damages, and losses.

Indigenous leaders raised concerns about a lack of adequate demarcation of Indigenous lands and overlap between Indigenous lands and national parks that limited access to areas connected to spiritual practices. They stated there was a lack of clarity and inconsistency regarding whether laws regulating protected spaces or those guaranteeing access rights for Indigenous persons took precedence.

For the second consecutive year and in a departure from previous norms, the government did not include financial support for the Catholic Church and evangelical Christian groups in its annual budget, which was presented on September 1 and approved on November 30. The budget did not include funding for government to church land transfers, which were typically granted through periodic legislation. Previous funding to evangelical Christian groups was primarily to renovate places of worship. During the year, however, the legislature approved an extraordinary expenditure of 240,000 colones ($462) to purchase audio equipment and musical instruments for the Tree of Life Christian Church, in the community of Llano Bonito, Brunka District. According to the director of the FAEC, the lack of government funding did not represent a major concern for its member churches because government funding had always been a small part of their budgets.

President Rodrigo Chaves Robles continued to engage with religious communities during the year. He publicly cited religious freedom as a fundamental Costa Rican value in August during his visit to the White House. He met with the Costa Rican Episcopal Conference, representing the Catholic Church, and with the FAEC to discuss topics of education, violence, quality of public services, and general welfare. Chaves also met with members of the Israelite Zionist Center to discuss topics of mutual concern.

Representatives of the New Republic political party, which has ties with evangelical Christian groups, occupied seven of the country’s 57 legislative seats, compared with 14 seats held by political parties connected to evangelical Christian groups in the 2018-22 Legislative Assembly term. According to the Supreme Electoral Tribunal, 38 evangelical Christians continued to serve as representatives in 84 municipal governments. The FAEC again advised pastors to refrain from running for political office but did not advise against engaging in political issues. Catholic leaders continued to defend the right of the Catholic Church to engage in the political process.

In October, the Ministry of Public Education (MEP) and the National Technical University organized an interreligious meeting to promote “a culture of dialogue and peace,” which included members of the Costa Rican Interreligious Forum. During the event, an MEP official publicly affirmed the religious education curriculum was a means to promote moral values and respect for human rights, rather than a specific religious doctrine.

In February, the Legislative Assembly commemorated survivors and victims of the Holocaust through an event supported by the Israeli embassy. On September 22, legislators held a ceremony recognizing September as the month of the Bible.

In February, the Ombudsperson’s Office hosted a joint session with the Costa Rican Interreligious Forum to promote interreligious understanding and dialogue, in commemoration of the Global Week to Promote Interfaith Harmony.