The Constitutional Chamber, through ruling number 92412-2024, has resolved an action of unconstitutionality filed against Article 95 of the Labor Code and Article 41 of the Law on Public Employment.
The ruling establishes that these articles violated the fundamental rights of equality and special protection of the family, women, and minors by not considering the possibility for the non-gestational mother in same-sex parent families with co-maternity to access paternity leave.
Therefore, it was determined that the benefits regulated in these provisions must also apply to the non-gestational mother in same-sex parent families. Specifically, the interpretation of Article 95, subsection b) of the Labor Code is expanded to include this previously overlooked circumstance.
This decision strengthens Costa Rica’s legal framework on parental equity and a child’s best interests.
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