The Legislative Plenary in Costa Rica approved in second debate and unanimously the bill 21,069, “Repeal of Article 18 of the Regulatory Law of Biomedical Research No. 9234”. The bill repeals said article for violating the autonomy and will of people with disabilities when giving their consent to undergo research for biomedical purposes.
Article 18 of Law 9,234 declared the person with a disability as “incapable”, substituting their will for that of their legal representative. Furthermore, this article is contrary to international human rights instruments signed by the country such as the Convention on the Rights of Persons with Disabilities.
The vote in the second debate takes place after the ruling of the Constitutional Chamber on the project. In it, the Chamber modified the criteria that it held in 2014 when the Biomedical Research Regulatory Law was approved.
The change in jurisprudence sets an important precedent, since it applies advances in human rights consolidated in international treaties.
