Court Rejects Constitutional Challenge to Mandatory Yellow Fever Vaccination Decree Due to Lack of Substantiation

Headline: Costa Rica‘s Constitutional Chamber Rejects Challenge to Mandatory Yellow Fever Vaccination

sguardourgentnis Subhead: Court Dismisses Action Lacking Constitutional Grounds

gsdsduig Body:

Theimmersthe Constitutional Chamber of Costa Rica’s Supreme Court has dismissed an action challenging the mandatory vaccination against yellow fever for both nationals and foreigners traveling to or from specific countries in South America, the Caribbean, and Africa. The decision was made under Expediente 24-034732-0007-CO.

The plaintiffs argued that the requirement for individuals aged 60 and above to receive the vaccination could have severe health implications for this age group. They also criticized the form used for this purpose, asserting it demands sensitive personal information unrelated to the vaccination process.

However, the Court ruled that the action was inadmissible due to a lack of sound constitutional grounding, as highlighted by Magistrate Fernando Cruz in Sentencia 037677-24. The decision emphasized that the plaintiffs had not cited specific constitutional norms or principles allegedly violated.

Magistrates Paul Rueda and Anamari Garro dissented, suggesting that the Court could have ordered the plaintiffs to rectify any omissions within three days, as per Article 80 of the Constitutional Jurisdiction, before dismissing the action outright.

The disputed Decree Ejecutivo 3997-S-G-SP-RE aims to prevent the spread of yellow fever by requiring vaccination for those traveling to or from countries where the disease is present. The affected regions are highlighted in the map below.

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