Costa Rican Court Denies Appeals Against Mandatory Yellow Fever Vaccination
As the deadline for vaccination approaches, the Ministry of Health maintains its travel requirements amidst concerns over disease transmission.
As of March 11, 2024, yellow fever vaccination is mandatory for travelers to 43 countries in Africa and South America, prompting ten legal appeals for amparo and one habeas corpus filing from Costa Rican citizens seeking the annulment of this requirement.
Petitioners argue that the Ministry of Health lacks the authority to impose such a requirement due to a nationwide shortage of vaccines, making it difficult for individuals to obtain the vaccine from pharmacies and health centers.
Out of the legal challenges presented, seven have already been resolved, all of which were rejected.
Currently, three amparo requests and one habeas corpus are still under review by the Constitutional Chamber (Sala IV).
The judges noted that the Ministry of Health has undertaken measures, including delaying the implementation of the vaccination requirement twice, from an original date of January 11 to February 11, and finally to March 11. The Ministry has also hosted free vaccination campaigns targeted at travelers.
The Constitutional Tribunal issued a statement clarifying that the issue falls outside its jurisdiction, indicating that such complaints should be directed to the health authorities.
According to one ruling, the court highlighted, "It is important to clarify that the claim raised constitutes a matter outside the competencies of this Chamber, as it is not our jurisdiction to determine if an exception should be made regarding the vaccination requirement established by the respective authority.
Thus, it is appropriate for the claimants to raise their concerns with the Ministry of Health, to seek resolution as legally warranted."
In conjunction with legal developments, Health Minister Mary Munive Angermüller reiterated the mandatory nature of the vaccination during a press conference, encouraging travelers to obtain the vaccine in their destination country before returning to Costa Rica.
She stated, "Article 8 of the decree mandates that travel agencies or those who assisted in the sale of your airline ticket should have verified these requirements.
If you do not meet these requirements for any reason, you will not be allowed to board the flight that returns you to Costa Rica."
Furthermore, Munive clarified that while no citizen can be denied entry into Costa Rica, restrictions apply outside of the country.
She explained, "Article 22 of the Political Constitution states that entry cannot be denied when you are within Costa Rican territory.
If an individual is in another country, the Constitution is effective only within Costa Rica; therefore, you may indeed be prevented from boarding a flight."
Upon entry into Costa Rica, immigration may monitor and register individuals who do not comply with the vaccination requirement; however, no health orders would be issued against them at that time.
Costa Rica last reported a case of yellow fever in 1956; however, two factors contribute to an increased risk of reintroducing the disease.
The first is the emergence of outbreaks in countries frequently visited by Costa Ricans, including Colombia, Brazil, and Peru.
Minister Munive pointed out that current conditions differ significantly from past situations when extensions to the vaccination requirement were granted, noting a broader geographical spread of outbreaks.
According to the Pan American Health Organization (PAHO), 61 cases and 30 deaths due to yellow fever were confirmed in 2024, indicating a fatality rate of 49.18%.
In the early weeks of 2025, there were 17 cases and seven deaths in the region, with a 41.18% fatality rate.
In Colombia, there were 31 cases and 15 deaths, resulting in a case fatality rate of 48.39%, with a notable outbreak in the Tolima department, which reported 21 cases and eight deaths by January 22.
The second risk factor for requiring vaccination is the presence of the Aedes aegypti mosquito in Costa Rica, known to transmit yellow fever.
If a traveler arrives with the disease and is bitten by a mosquito, the insect can become a lifelong carrier of the virus, posing further health risks.
Petitioners argue that the Ministry of Health lacks the authority to impose such a requirement due to a nationwide shortage of vaccines, making it difficult for individuals to obtain the vaccine from pharmacies and health centers.
Out of the legal challenges presented, seven have already been resolved, all of which were rejected.
Currently, three amparo requests and one habeas corpus are still under review by the Constitutional Chamber (Sala IV).
The judges noted that the Ministry of Health has undertaken measures, including delaying the implementation of the vaccination requirement twice, from an original date of January 11 to February 11, and finally to March 11. The Ministry has also hosted free vaccination campaigns targeted at travelers.
The Constitutional Tribunal issued a statement clarifying that the issue falls outside its jurisdiction, indicating that such complaints should be directed to the health authorities.
According to one ruling, the court highlighted, "It is important to clarify that the claim raised constitutes a matter outside the competencies of this Chamber, as it is not our jurisdiction to determine if an exception should be made regarding the vaccination requirement established by the respective authority.
Thus, it is appropriate for the claimants to raise their concerns with the Ministry of Health, to seek resolution as legally warranted."
In conjunction with legal developments, Health Minister Mary Munive Angermüller reiterated the mandatory nature of the vaccination during a press conference, encouraging travelers to obtain the vaccine in their destination country before returning to Costa Rica.
She stated, "Article 8 of the decree mandates that travel agencies or those who assisted in the sale of your airline ticket should have verified these requirements.
If you do not meet these requirements for any reason, you will not be allowed to board the flight that returns you to Costa Rica."
Furthermore, Munive clarified that while no citizen can be denied entry into Costa Rica, restrictions apply outside of the country.
She explained, "Article 22 of the Political Constitution states that entry cannot be denied when you are within Costa Rican territory.
If an individual is in another country, the Constitution is effective only within Costa Rica; therefore, you may indeed be prevented from boarding a flight."
Upon entry into Costa Rica, immigration may monitor and register individuals who do not comply with the vaccination requirement; however, no health orders would be issued against them at that time.
Costa Rica last reported a case of yellow fever in 1956; however, two factors contribute to an increased risk of reintroducing the disease.
The first is the emergence of outbreaks in countries frequently visited by Costa Ricans, including Colombia, Brazil, and Peru.
Minister Munive pointed out that current conditions differ significantly from past situations when extensions to the vaccination requirement were granted, noting a broader geographical spread of outbreaks.
According to the Pan American Health Organization (PAHO), 61 cases and 30 deaths due to yellow fever were confirmed in 2024, indicating a fatality rate of 49.18%.
In the early weeks of 2025, there were 17 cases and seven deaths in the region, with a 41.18% fatality rate.
In Colombia, there were 31 cases and 15 deaths, resulting in a case fatality rate of 48.39%, with a notable outbreak in the Tolima department, which reported 21 cases and eight deaths by January 22.
The second risk factor for requiring vaccination is the presence of the Aedes aegypti mosquito in Costa Rica, known to transmit yellow fever.
If a traveler arrives with the disease and is bitten by a mosquito, the insect can become a lifelong carrier of the virus, posing further health risks.
