Costa Rica is a small Central American republic of about 4.5 million people which is remarkably stable, compared to other countries in the region. It is one of the few countries in the world without a standing army. Its democratic institutions are robust. A higher proportion of people turn out to vote than in the US. The percentage of seats in parliament held by women is nearly double that of the US – about one-third.
Yet Costa Rica has been dragooned by an international court into enacting legislation which violates its Constitution. In 2000 it became the only country in the world to ban IVF, based on a Supreme Court ruling that this violated a constitutional guarantee to the right to life for the unborn. Last year, after many legal battles, Costa Rica was ordered by the Inter-American Court of Human Rights to enact legislation enabling IVF -- against the will of its legislature and Supreme Court. “Seven foreigners are making decisions about human life in Costa Rica,” said one deputy bitterly. After more legal tussles, clinics began offering IVF procedures last month.
Regardless of where one stands on the ethics of IVF, this seems like a low point for respect for democracy. An article in Nature crowed over the victory and said that the next goal must be the legalization of abortion. There’s something quite cynical about this. If the Inter-American Court of Human Rights struck down the death penalty in the US, all Americans would be united in their outrage. Voters in the UK supported Brexit because EU courts were suborning UK legislation, amongst other issues. Yet no one is defending Costa Rica’s right to make up its own mind on controversial bioethical problems.
This is The Mouse That Roared with an unhappy ending.
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