Entering Into Effect of Equal Marriage Law in Costa Rica Requires That Companies Make Adjustments to Their Internal Policies

Same-sex couples will be able to legally marry as of this May 26th, for this reason, companies must review their internal policies to ensure an inclusive environment and equalize the benefits they provide to heterosexual marriages.

On that date ends the 18-month term that the National Constitutional Court granted to the Legislative Assembly to adjust the laws to this new figure. Now same-sex couples have the legal instruments to demand compliance with their rights and access benefits offered by the employers to their workers.

This measure came after the Inter-American Court of Human Rights ordered the Costa Rican State to recognize the rights of the sexually diverse population. The Court’s request was made through an advisory sentence that was released in January 2018 but takes effect a year and a half later.

In this context, employers should bear in mind that as of May 26th, marriages between people of the same sex will be at the same legal level as that of heterosexual marriages, which implies that everyone will have the same rights under the law.

Companies who grant marriage or child adoption licenses and other benefits with pay to heterosexual marriages now must adjust their policies to include on equal terms to same-sex spouses.

Workers who are members of the LGBTI community should also be vigilant with the insurance policies provided by the companies. If it provides private insurance, this must include the spouse as a beneficiary. The measure also applies to public health and disability, old age, and death insurance.

The country has already made progress on this issue and for some years now assures same-sex couples that file an affidavit, stating that they had been together for more than three years, all the legal rights. However, after May 26th, this recognition can be carried out just by presenting the respective marriage certificate.

Resonance Costa Rica
VIAGuillermo Agudelo
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