Coadyuvancia filed at sala IV to set precedent in INCOFER transphobia case.
2026 April 21
Attorney Jota Vargas Alvarado and human rights defender Janekeith Durán Barberena filed a formal coadyuvancia (third-party legal joinder) before Costa Rica's Constitutional Chamber (Sala IV) in support of the amparo brought by a trans woman against the Instituto Costarricense de Ferrocarriles (INCOFER). The original amparo, filed earlier in April, challenged INCOFER security personnel who denied the woman access to the women's restroom at the Estación del Atlántico railway station in San José and ordered her to use the men's facilities, despite her presenting a valid national ID issued by the Tribunal Supremo de Elecciones.
The coadyuvancia argues that the discrimination violates Articles 33 and 40 of the Costa Rican Constitution and contravenes the inter-American human rights standards set out in Advisory Opinion OC-24/17 of the Inter-American Court of Human Rights, which recognizes gender identity as part of the right to free development of personality. The filing asks the Constitutional Chamber to declare the amparo well-founded, formally recognize the violation of fundamental rights, and order INCOFER to adopt immediate measures — including internal protocols and human rights training for staff — to guarantee access to services consistent with users' gender identity across all of its facilities.
"Desde el Sistema Interamericano de Derechos Humanos se han desarrollado estándares y recomendaciones" regarding the rights of trans persons, Vargas Alvarado explained, framing the case as an opportunity to set a binding precedent for public institutions throughout Costa Rica.