Same sex couples in Costa Rica can now insure each other through CAJA
IVO HENFLING | NOVEMBER 21, 2014
Although Costa Rica is way behind on a few human right issues like the “in vitro” case, the CAJA has been able to make a huge change in their rules and regulations.
On November 19, 2014, the CAJA (Social Security system in Costa Rica) has approved the proposal to reform article 10 of the Health Insurance regulation that changes the concept of partnership. With this change, same sex couples are included in the same conditions in medical services that heterosexual partners have.
This change is a huge advantage to same sex couples who plan to move to Costa Rica or are already living here. By Costarican immigration law, every foreigner who wants to be a Costa Rica resident needs to be registered at the CAJA showing his/her own income and each has to make the monthly CAJA payment. Once this change is fully approved, not having to pay CAJA for two constitutes a huge saving.
The change made due to much pressure from the LGBT community in Costa Rica, will be formalized in February 2015 and will make it possible for same sex partners to have hospital visitation rights, the ability to take medical decisions, receivethe same medical services and the ability to insure a non-working partner as their family member.
Gay couples will now have hospital visitation rights and teh ability to take medical decisions
LBGT couples are not legally accepted in Costa Rica yet, so to be able to take advantage of this change in the social security system, LGBT couples will have to prove they have been living as a couple for at least 3 years. It is not clear yet how this will be legally done.
The CAJA or CCSS has not yet found a solution to what will happen to the pension fund issues if the working and CAJA paying partner passes away and the surviving partner will claim the pension. The advantage LGBT couples give the social security system is that they will be paying the same amount as a heterosexual couple but they will not have any children who will be using the medical services system.
Equal rights for all is real democracy
The CAJA has several other projects for changes in the law. One of them really shows how much behind Costa Rica is on some issues: A working wife is not able to insure her not working husband at this moment, or one who is a houseman, something quite normal in 1st world countries when the wife is able to receive a much higher salary than the husband.
A second project is approval by the National Assembly called “equal civil marriage” that will also approve equal rights for domestic partnership. Another project the CAJA has in mind is acknowledging existence of the transsexual gender.
If you are in the market to purchase a property in Costa Rica, GoDutch Realty is a LGBT friendly real estate company, contact us now.
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