Analysis of Bill No. 23928 and the Essential Minimum Content of Freedom of Worship: A Proposal for Harmonization
DOI:
https://doi.org/10.15517/kp6a5368Keywords:
Constitutional law, freedom of cult, sacramental seal, religion, Human RightsAbstract
The introduction of Bill No. 23928 into the legislative stream has sparked varied reactions
from the different social actors involved, as it seeks to lift the confidentiality of confession
(sacramental seal) in cases involving sexual offenses against minors. The arguments
advanced center on the right to freedom of religious worship: some invoke it in defense
against a perceived attack, while others argue that it must yield to a higher necessity, such
as the duty to report instances of sexual abuse. This paper confronts the legislative proposal
with the legal concepts at stake: freedom of worship, the confidentiality of confession, and
the principle of best interests of the child in Costa Rica.
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