At CELIG we recognize that there are people in the LGBTQI+ community who, in addition to being victims of discrimination based on sexual orientation, gender identity or expression, could be victims of disability discrimination. In this blog we analyze a recent case of the Constitutional Chamber regarding this issue.
In judgment 12580-2022, the Constitutional Chamber upheld a writ of amparo filed by a visually impaired person for not having access to a file in an accessible format for him. The claimant is a visually impaired person who is a party to a criminal proceeding. In the amparo, he claimed that he had not been able to access the judicial file in an accessible format for him and that this had left him defenseless in the process.
The Constitutional Chamber determined that, as part of the constitutional right to defense, any person – without discrimination – against whom a case is processed has the right to have access to the file to prepare their defense. In the case of visually impaired people, this implies that the information in the file is available in an accessible format. The Constitutional Chamber concluded that in the specific case, the claimant had not been provided with the information in the judicial file in an accessible format, taking into account his disability status. Because of this, the Chamber concluded that the claimant’s rights of access to justice and defense had been violated because he did not have access to the file in an accessible format due to his disability condition.
Although the case was not about a person from the LGBTQI+ community, at CELIG we believe that this case sets an important precedent that could also be applicable to members of the LGBTIQI+ who have some disability condition.
At CELIG we provide specialized services to the LGBTQI+ community. If you want more information or make an appointment with us, call us at 2253-0256/ 22450855 or write to us at info@celigcr.com.
We are located in San José, Barrio Escalante.
M.Sc. Ana Isabel Sibaja Rojas
CELIG – Center for Equal Litigation
