Sala Cuarta (Constitutional Hall), Costa Rica’s highest court, recently issued a unanimous vote on a decision that essentially orders the government to give protection and render assistance to single mothers.

The decision, number 2012-5594, emanated from a case reviewed before the Court in which a single mother was denied economic benefits and assistance by La Caja, our country’s public health and welfare system. La Caja referred to its own rules for the administration of insurance benefits, namely articles 27 and 51. In those two articles, single mothers are not mentioned as recipients of monetary benefits when their children pass away.

One of the arguments presented by La Caja was admitted by the magistrates: it is that entity’s purview to administer funds as they see fit based on research and solvency, and there is a valid concern that extending more benefits at this time will only increase the mounting deficit the agency currently contends with.

The Court, however, pointed to Article 51of our Constitution, which clearly states that families in Costa Rica are the natural and fundamental elements of society, and therefore are entitled to government protection. The same goes for children, the elderly and the disabled. There is also Article 74 to consider, in which the Christian principle of social justice is established.

The decision by the magistrates includes language that reflects our changing times. As head of household, the Court explained, a single mother is the head of a Single-Parent Family with Female Leadership household. The Court further elaborated that single mothers are particularly susceptible to inequity in the workplace in terms of salary and opportunity, and thus it is unconstitutional to deny them death benefits when their minor children pass away.

Source: El Pais (Costa Rica)