Costa Rica: Recourse available to a man who is being stalked by a former partner, and whether he would be able to obtain a restraining order (May 2003)
|Publisher||Canada: Immigration and Refugee Board of Canada|
|Author||Research Directorate, Immigration and Refugee Board, Canada|
|Publication Date||15 May 2003|
|Citation / Document Symbol||CRI41208.E|
|Cite as||Canada: Immigration and Refugee Board of Canada, Costa Rica: Recourse available to a man who is being stalked by a former partner, and whether he would be able to obtain a restraining order (May 2003), 15 May 2003, CRI41208.E, available at: http://www.refworld.org/docid/3f7d4d8538.html [accessed 20 September 2014]|
|Disclaimer||This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.|
The following information was provided in 12 May 2003 correspondence from the Central America Human Rights Research and Promotion Centre (Centro de Investigaciones y Promoción para América Central de Derechos Humanos, CIPAC), an organization that works to improve the rights of sexual minorities in Costa Rica.
In response to the question of whether there is protection available, specifically a restraining order, for a man who is being stalked by a former partner, CIPAC states that such protection is stipulated under the Law Against Domestic Violence and can be equally applied to both men and women. The problem is not a legal one, but a social one in that men who lodge complaints of sexual violence often become the brunt of jokes. Furthermore, their complaints are often rejected by those persons who would register them; however, those complaints which are registered by the authorities will be followed-up and acted upon. Resolution of such complaints is further impeded by the [translation] "prejudices and opinions" of the judges of the legal system who are influenced by a [translation] "macho and homophobic society."
One has to recognize that the concept of rights, and specifically rights of non-discrimination for sexual minorities, is a new idea in Costa Rica, one that is relatively unknown and not applied by the legal system. Furthermore, discrimination against sexual minorities is seen as a minor crime punishable to the same degree as such crimes as writing unauthorized graffiti and putting unauthorized posters on walls, bridges or street posts.
Additional and/or corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.
Centro de Investigaciones y Promoción para América Central de Derechos Humanos (CIPAC), San José, Costa Rica. 12 May 2003. Correspondence sent by the executive director and the administrative director.
Additional Sources Consulted
World News Connection (WNC)
Internet sites, including:
Centro de Investigación y Promoción para América Central de Derechos Humanos (CIPAC)
Country Reports on Human Rights Practices for 2002
Gay Costa Rica
Human Rights Watch
Defensoría de los habitantes
International Gay and Lesbian Human Rights Commission
La Nación [San José]. Search engine