Environmental Rights as a Constitutional guarantee

Environmental law is responsible for safeguarding the legal relationship between humans and their respective use of natural resources to satisfy human needs while conserving resources for future use, achieving a balanced interaction to ensure both the environment and the human life.

Nowadays, our Constitution does not include a chapter about environmental safeguards; however, in the chapter of social rights and guarantees, it is discussed in its first article (Article 50) which states the role of government of ensuring a healthy environment. Anyways, there have been people who believe that Article fifty by itself is not enough to regulate a huge topic like the environment. Therefore, during the government of Abel Pacheco de la Espriella, the idea of creating an amendment to the current Constitution was really discussed. It would add one more title, which would be exclusively for ecological conservation, not only to improve and promote greater respect for natural resources, but also, it would make Costa Rica the first country worldwide to include environmental safeguards to its constitution.

After the reading of the articles included in that law, I can conclude that the current fiftieth article of the constitution includes most of the concepts that that law wanted to implement in seven more articles, so it would be unnecessary, coupled with the weak wording of articles which far to produce a profit, would be incurred in political danger because of the vulnerability it can cause. It seems that the inclusion of the new title would not bring much help, considering that not even the only current article is fully respected, therefore, it takes more importance to ensure compliance with the existing article, instead of creating new addition to not fill the expectations, they would not be respected.

After the reading of the articles included in that law, I can conclude that the current fiftieth article of the constitution includes most of the concepts that that law wanted to implement in seven more articles, so it would be unnecessary, coupled that wording of articles is very weak; so, far to produce a profit, would be incurred in political danger because of the vulnerability it can cause. It seems that the inclusion of the new title would not bring much help, considering that not even the only current article is fully respected, therefore, it takes more importance to ensure compliance with the existing article, instead of creating new addition that would not even fulfill the expectations, they would not be respected.

Every citizen should make conscience, and take care of the environment from inside. Also, people must sue if they know that something irregular is happening. Environmental law is growing in our country, and we should start using this tool to our own benefit. Environmental law must improve, but the environment does not depend only on laws, it should be a popular worry, and a common fight. The world is in our hands, and this is a codependence, we need it, it needs us.

Written by: Silvia Chacon 

Homosexual Marriage

Costa Rican Supreme Court says No to Homosexual “Marriage” 

By Hilary White

The Spanish language news agency, Notivida reports that the Supreme Court of Costa Rica has ruled the whole concept of “gay marriage” unconstitutional. The suit was brought in 2003 by lawyer Yashin Castrillo Fernandez who argued that the state must comply with international agreements on human rights. The argument was rejected by the court 5-2.

  The Court ruled, “the concept of marriage embraced by the political constitution stems historically from a context where it is understood to be between a man and a woman.”

  Chief Justice Luis Fernando Solano said the problem could be solved by legislation allowing homosexuals to form “civil unions.”

  Costa Rica, a country where over three quarters of the population is Catholic, has been withstanding efforts to impose the sexual libertinism philosophies.


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Title: Costa Rican Supreme Court says No to Homosexual “Marriage”

Author: Hilary White 

Date: May 30th, 2006

Source: http://www.lifesitenews.com/news/archive/ldn/1960/53/6053004
Slightly trimmed by Silvia Chacón

This article is about the sexual marriage in our country, which is well known that is a hot topic, and that it have been in our Constitutional Court and Legislative Assembly for a long time. This is a very interesting article to share, because in our country, the topic has been seen as an unconstitutional topic. Costa Rica always look everything with a moral bias, but when you read the article, it seem to be written by an open mind person, who does not matter that, but the human rights of people of marry whoever they want. In my own perspective, I would be happy with respect; we should grow up and understand that everybody is different; we cannot ask this people to change; so, why not let them do their lives as they prefer? Talking about the constitution and our family code, what we should do, is to be open, and understand that society changes, it has been like this during the whole history, this is evolution and it will not stop; as a result, codes should also evolution, with a lot of care, but they should do it. Let´s respect that people and let them have a better life quality. They also have rights, and law should protect them.

An amount of strikes complicates country’s fluency

These days we have been witness of how our country is being collapsed by a huge amount of strikes. Taxi drivers, rice-growing sector, anesthesiologists, motorcyclists, fuel dispensers, and some other sectors are taking our streets to protest and ask for better conditions.   This is a very regrettable situation taking into account that they are not getting what they want, but they are taking in their hands the stability of the rest of the country. I really agree with the fact of claiming our rights, but I disagree with the mess they are making. They are not making the difference between innocence and guilt in this situation. I mean why taking everybody’s life in their desire? Why don't they just go to presidential residence or legislative assembly and impede them get out? Why should they make other people get late to their jobs or studies center? It is very sad to see those things, and not only because of the mess they are making, but also because this entire group is showing how poor our country is being governed, if there is not a change, everything will get worse soon.

Written by: Silvia Chacon 

Fiscal Plan

Costa Rican trade minister cautions against fiscal plan

Foreign Trade Minister Anabel González became the latest critic of a fiscal reform plan promoted by fellow Cabinet members, saying on Friday morning that the plan is “very worrying” for foreign investment in Costa Rica. González, a former negotiator of the U.S.-Central America Free Trade Agreement, spoke to members of a fiscal reform commission in the Legislative Assembly. Several commission members support the tax overhaul, which includes increased taxes on companies setting up in Costa Rica's free zones after 2015. González is the first member of President Laura Chinchilla’s cabinet, who designed the plan after negotiations with opposition lawmakers, to speak out against the reform package.

“For an investor, stability in a country′s legal framework is very important. It provides confidence for investments not only in the short term, but for future investment planning in the country,” González said. “A change in the current legislation could put further investment at risk, which is a very worrying prospect for the country’s economic sector.”

As Gónzalez spoke, employees of Panduit, a technology firm located in a free zone in the Central Valley town of Grecia, broke out in applause. Panduit and other foreign companies located in free zones, including microchip manufacturer Intel and HP, oppose the reform, mostly because of new taxes. Companies currently operating in free zones enjoy significant tax benefits.

González said the approval of the current version of the plan could weaken the country’s competitive advantage over other countries.

“Competition to attract foreign direct investment is very strong,” González said. “By establishing the attractiveness of our country’s offerings, we are giving companies a reason to consider other countries for investment.”

Lawmakers are expected to vote on the fiscal reform package in December.

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• ·         Title: Costa Rican trade minister cautions against fiscal plan
• ·         Author: Adam Williams
• ·         Date:  November  4th, 2011
• ·         Source:  http://www.ticotimes.net/Current-Edition/News-Briefs/Costa-Rican-trade-minister-cautions-against-fiscal-plan_Friday-November-04-2011

This article explains how worried some institutions are about the new fiscal plan, specifically, our trade minister Anabel Gonzales who concerns about a possible negative consequence this plan can bring. As a foreign trade minister, she should worry about keeping the foreign investors in our country and also attract more of them. This task has been easy with our system of free zones which is in distress with this fiscal plan. Well, I must say that some time ago, I thought those companies shouldn’t have all those taxes benefits that national ones don’t have, but in this moment, I really appreciate those thousands of jobs that they offer. So, they are rewarding our country economy in another way. This fiscal plan has a lot of pros and cons; for that reason, it should be analyzed once more. It is an important article to share because it talks about our national reality, and it is predicting what can happen in the future if this plan is accepted this way.

Invasion to Isla Calero

• ·         Title: Google Maps Causes Invasion?
• ·         Author: The Alonya Show
• ·         Date:  November 11th, 2010
• ·         Source:  http://www.youtube.com/watch?v=kwj0gq3-0e0&feature=fvwrel

This video is about the invasion suffered by Costa Rica last year when Nicaragua took Isla Calero and based their reason on Google Maps. Well, as you can see, the lady is more worried about making destructive comments to Google than any other discussion. But anyway, she’s arguing because it is hard to believe how a military leader just took another country´s territory using Google maps as an argument. I personally believe that for sure that was a terrible situation, not only because of the territorial fight; but it also increased xenophobia between those two countries. In Costa Rica, people started thinking that all those Nicaraguan people who live here were responsible of that. Moreover, the media influenced a lot our people. It doesn’t let them to create their own perspective by telling them what to think. Unfortunately, in Nicaragua, it is happening the same. Nicaraguans believe what they see in TV, so they think they are right. In this case, I must say that I don’t hate Google; but what happened last year was a terrible problem for both countries. I thought that was an important video to share because this is the moment to leave it behind, or leave our politicians do their work. So, we can start being more comprehensive with this poor people who live in our country just because they need a better option in their lives, and we have to remember that migration is also a human right. We should stop fighting against Nicaraguans and start asking our government to take the actions for giving us a better country.