Laws and Remedies for Good Water Governance in Costa Rica
By: Kay Windle
Costa Rica has been a prevalent member of the human rights community for a number of years and has been successful in continually implementing environmental protections for the human right to water, amongst others.
Constitution
Costa Rica’s constitution provides a number of guarantees regarding these rights. The 2020 amendment to the Constitution brought forth the protection of the right to water. Article 50 states that “every person has the basic and undeniable human right of access to drinking water as a good that is essential for life.” Article 50 also explicitly includes the right to a healthy and ecologically balanced environment, guaranteeing opportunities for claims where violations have occurred.
Wastewater
Costa Rica has also addressed the issue of wastewater routinely in domestic legislation with the development of Regulation 33601 and Regulation 39887-S. These both outline the necessity for generators to be managed responsibly, for instance Article 63 of Regulation 33601 specifically prohibits the discharge of sludge from wastewater treatment. Whilst the latter establishes the parameters for the approval of adequate wastewater treatment systems. In this regard the Ministry of Health is responsible for the policy making, monitoring and evaluation of wastewater according to Law 8839 of 2010.
Accessibility, availability and quality
Costa Rica has implemented a number of treaties and domestic legislation to account for these measures, helping to improve the standards of accessibility, availability and quality of water. Costa Rica is a signatory to the UN Resolution 64/292 of 2010 which recognised the human right to safe drinking water. For domestic measures, Costa Rica has introduced the Decree No. 38924-s (Article 8), which provides mandatory chemical and microbiological standards for water to be drinkable, with a requirement for monitoring activities based on the size of the water distribution system. The Regulation 39887-S of the Ministry of Environment and Energy also ensures that development adheres to these water requirements through guidelines on the construction of water and sanitation infrastructure. Article 15 also supports this by stating that sanitation infrastructure must be approved by the Ministry of Health.
Remedies and complaints mechanisms
Costa Rica provides both domestic and international methods for individuals to claim their rights. At the national level, violations of constitutional rights can be addressed through an amparo action at the national courts (according to Article 48 of the Political Constitution of Costa Rica). At the international level citizens can turn to human rights bodies in the region, namely the Office of the United Nations High Commissioner for Human Rights or the Inter-American Commission on Human Rights. Furthermore, access to justice is ensured for minority groups such as indigenous people through state funded interpreters and translators.
Overall, Costa Rica provides a comprehensive framework for water rights protection. Whilst some gaps remain, such as a failure to ratify the Escazu Agreement, ultimately the nation puts a myriad of domestic and international measures into place that ensure the protection and guarantee of these rights.
