Costa Rica

Overview of the Law

• Total Articles: 40

• Objective:
  To prevent, address, punish, and eradicate violence against women in politics as a form of gender-based discrimination that obstructs the effective exercise of women’s political rights.
  The law is grounded in the principle of equality before the law as established in Article 33 of the country’s Political Constitution.

• The law reinforces that political dissent, debate, and differing opinions or choices from women are protected under the principles of freedom of expression and self-determination.

Definition and Scope (Article 3)

Protected Groups of Women:

• Women who are members of or participate in the structure, commissions, or bodies of political parties

• Women who are applicants, pre-candidates, or candidates for elected or appointed positions

• Women currently holding elected or appointed public positions

• Women responsible for the implementation of gender equality policies or women’s political rights, including those participating in public institutions, programs, or structures to fulfill those functions

Definition of Political Violence Against Women:

“Any conduct, whether by action, omission or tolerance, directed against one or more women who aspire to or are exercising a public office or function, which is based on reasons of gender or gender identity, exercised directly, through third parties, or by virtual means, that causes harm or suffering and aims to impair or annul the recognition, enjoyment, or exercise of their political rights.”

This includes:

• Obstructing the exercise of public office or functions

• Forcing a woman to resign

• Violating the right to life, physical integrity, or property to restrict political rights

• Damaging a woman’s reputation, public image, or credibility

Forms of Violence Recognized:

• Harassment

• Physical violence

• Psychological violence

• Sexual violence

• Patrimonial (economic) violence

• Symbolic violence

Legal Principles for Investigation (Article 14)

• Due process

• Legality

• Presumption of innocence

• Proportionality and reasonableness

• Freedom of evidence

• Confidentiality

• Non-revictimization

Structure of the Law

The law includes provisions on:

• Objectives and legal interpretation

• Scope of application and definitions

• Manifestations of political violence against women

• Responsibilities of political parties and public institutions

• Preventive actions at the municipal level

• The role of the National Institute for Women (INAMU)

• Awareness-raising campaigns and public dissemination

• Confidentiality and protections for victims

• Complaint procedures and investigation timeframes

• Legal and emotional support for victims

• Precautionary measures and sanctions

• Statute of limitations, aggravating factors, and referral procedures

• Reforms to other legal frameworks (Electoral Code, Labor Code, Municipal Code, etc.)

Four Key Features of the Law

1. Responsibilities of Political Parties (Articles 6–7)

• Political parties must guarantee the free and equal political participation of women.

• They are required to design and implement:
  Policies and internal protocols promoting gender equality
  Complaint mechanisms and procedures for investigation and sanctions
  Permanent prevention mechanisms integrated into party bylaws

• Failure to comply may result in penalties, including loss of state contributions.

2. Precautionary Measures (Article 21)

• Authorities may order protective measures during proceedings, including:
  Refraining the accused from disturbing or contacting the victim or her support system
  Notifying police to offer protection or assistance

• Authorities are empowered to issue ante causam (preliminary) measures.

• Non-compliance may be prosecuted as a crime of disobedience under Article 314 of the Penal Code.

3. Sanctions for Elected Persons and Party Members (Articles 27 and 29)

• Sanctions vary depending on the position of the perpetrator and include:
  Reprimands or formal warnings
  Temporary suspension
  Loss of credentials for public office

• Members of political parties found guilty may also face internal disciplinary sanctions.

4. Aggravating Factors (Article 31)

Aggravating factors for sanctions include:

• The act is committed by more than one person

• The act is based on gender, identity, or personal beliefs

• The victim is pregnant

• The violence is amplified through digital or physical means

• The victim’s family is threatened during the process