By Wendy Anders

An appeal to the Costa Rican Supreme Court on an article of the Family Code regarding men’s role as prime breadwinners for their families was struck down recently, reported El Diario Extra, Costa Rica’s main Spanish tabloid paper.

The appeal claimed Article 35 of the country’s Family Code violates the country’s constitution and also the Universal Declaration of Human Rights because it, “Stipulates an odious difference to the detriment of the interests of the husband, who is regarded as the main person responsible for covering family expenses based solely on their male biological condition,” reported El Extra.

Though it would appear to infringe on the constitutional right to equality, Supreme Court judges felt this argument was not sufficient, and rejected the appeal to change the Family Code by a majority note, said El Extra.

“The appeal is inadmissible, due to the plaintiff failing to broadly argue or explain the reasons Article 35 of the Family Code is considered unconstitutional,” stated the high court resolution.

The court said that the appeal only stated briefly that the genetic difference between a man and a woman goes against the grain of Article 78 of the country’s constitution.

Three judges abstained as they felt rather than ruling on the appeal, the voting should have been postponed while the case was returned for further documentation and explanation, reported El Extra.