Costa Rica, Supreme Court of Justice. Constitutional Chamber, 9 February 2022, No. 02900
Case overview
Country
Case ID
Decision date
Deciding body (English)
Deciding body (Original)
Type of body
Type of Court (material scope)
Type of jurisdiction
Type of Court (territorial scope)
Instance
Area
Vulnerability groups
Outcome of the decision
Link to the full text of the decision
General Summary
The Claimant, was sentenced to prison and was serving his sentence in a Costa Rican penitentiary. He suffered from high blood pressure, dyslipidemia, and bronchial asthma.
The Claimant indicated that while deprived of liberty, one of his companions tested positive for COVID-19 and was not isolated, putting his health at risk.
The Court found that the Claimant’s fundamental rights had not been violated because the penitentiary took the necessary measures to protect his right to health, such as isolating him and providing care guidelines for prisoners.
Facts of the case
Mr. XX was sentenced to prison and was serving his sentence in a Costa Rican penitentiary. He suffered from arterial hypertension, dyslipidemia, and bronchial asthma.
Mr. XX indicated that in November 2021, one of his fellow inmates tested positive for COVID-19 and that a health order had been issued for his partner's isolation, but that he was placed where all detainees, including the Claimants were placed, which put his health right at risk.
However, the penitentiary affirmed that the Claimant had received periodic medical attention for his illnesses and that sanitary measures had been taken to protect the health of the inmates after the detection of the positive case of COVID-19 in the prison, indicating that in addition to the fact that the room where the Claimant was located was 25 meters away from where the other prisoner was being held, instructions had been given for the use of masks, distancing, and hand washing.
Type of measure challenged
Measures, actions, remedies claimed
Individual / collective enforcement
Nature of the parties
Claimant(s)
Private individualDefendant(s)
Public
Type of procedure
Conclusions of the deciding body
The Court concluded that Claimants fundamental rights had not been violated because the prison took the necessary measures to protect his right to health, such as isolating him and giving care guidelines against COVID-19.
Reasoning of the deciding body
Concerning the right to health of persons deprived of liberty, the Court found that although some of the rights of these persons may be subject to limitations inherent to the circumstances of imprisonment, the essential core of fundamental rights remains unalterable, particularly those related to human dignity, such as health.
The Court added that the State has a great responsibility to safeguard the rights of this population, from the moment they enter and until the moment they leave the prison. In addition, all requests from inmates must be answered promptly, without excuses of bureaucratic procedures or economic resources.
In this regard, the State must guarantee that persons deprived of their liberty are provided the necessary to protect their life and health.
Secondly, when studying the specific case, the Court noted that the Claimant’s health was periodically checked on and that he was not held close to the prisoner who had COVID-19 since he was in a different room and additionally preventive instructions were given to the inmates regarding the use of protective supplies.
Fundamental Right(s) involved
- Prisoners’ rights
- Right to health (inc. right to vaccination, right to access to reproductive health)
Fundamental Right(s) instruments (constitutional provisions, international conventions and treaties)
- Right to health, Art. 46, Costa Rican Constitution
- Prisoners’ rights (humane treatment), Art. 40, Costa Rican Constitution
