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Costa Rica

ID
22
Level
Country
ParentID
1004

Sentencia 12142, Expediente 08-009174-0007-CO

The Plaintiff sued a local prosecutor's office, alleging he was illegally detained and held, arbitrarily violating his constitutional right to personal liberty. Plaintiff's wife had filed a complaint against him with at the prosecutor's office, alleging spousal abuse, although she did not ask that he be detained. Plaintiff was asked to report to the prosecutor's office, at which time he was detained without being given reason for his detention.

Sentencia 14572, Expediente: 05-002606-0007-CO

Plaintiff, a pregnant school teacher, asked the Court to order the General Director of Personnel of the Department of Public Schools to rehire her after her employment was not renewed when she became pregnant. Plaintiff had been employed in that position for six years. Plaintiff argued that failing to rehire her violated her right to employment stability and motherhood. The Court ordered the defendant to rehire the plaintiff and to provide her with paid maternity leave. 

 

Sentencia 15547, Expediente 08-009127-0007-CO

Defendant in a criminal prosecution challenged the constitutionality of Articles 22, 25 and 27 of the Criminal Law Against Violence Toward Women, arguing that the law's vague language allowed for arrests and convictions to be made based on vague, non-specific allegations and was thereby inconsistent with the Costa Rican Political Constitution, the American Convention on Human Rights and the Universal Declaration of Human Rights. The Court held Article 22 and 25 to be unconstitutional, but upheld Article 27. The ruling had retroactive power.

 

Sentencia 17692, Expediente 08-015875-0007-CO

Criminal defendant, who was arrested for violating a protective order his wife had against him (thereby violating Article 43 of the Criminal Law Against Violence Toward Women), asked the Court to release him from a two-month "preventive" jail sentence, given that his wife was dropping the charges against him. The Court refused to grant the request, saying that despite the wife's refusal to cooperate, the prosecutor had sufficient probable cause to keep the defendant under arrest. 

Sentencia: 01383, Expediente: 06-011087-0007-CO

The Court ordered defendant, a hospital, to rehire a pregnant worker who was fired one week after informing the hospital of her pregnancy. The Court reasoned that the short period of time between plaintiff's announcement and her firing established a causal relationship between her pregnancy and her firing, thereby violating plaintiff's constitutional right to remain employed while pregnant. 

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