In response to a consultation from Costa Rica on marriage rights in same-sex relationships, the Inter-American Court of Human Rights (CorteIDH) issued a report in favor of the recognition of marriage between same-sex couples and the extension to these couples of the same rights granted to heterosexuals. Issues relating to sexual orientation and gender identity refer to categories protected by the American Convention on Human Rights, a treaty to which Brazil is also a signatory. The Inter-American Court, based in San José, Costa Rica, ruled that “all property rights that derive from the family bond of same-sex couples must be protected without any discrimination in relation to heterosexual couples”. The court added that this protection goes beyond property issues and involves all the rights recognized for heterosexual couples in the legislation of each State. The organization considered the creation of a separate legal figure to recognize homosexual marriages to be inadmissible, which “would constitute a distinction based on the person's sexual orientation, something discriminatory”. Costa Rica carried out a consultation at CorteIDH in May 2016 on the right of the transgender population to legally change their identity and on the rights of homosexual couples. Costa Rican legislation does not recognize same-sex marriage, but has made progress in recognizing their property rights.
