Costa Rican court allows citizens to choose order of last names, citing gender discrimination

SAN JOSE, Costa Rica (AP) — Costa Rica’s Supreme Court of Justice reported Wednesday that it was no longer obligatory to place the paternal surname before the maternal surname on a person’s identification.

In Spanish-speaking nations, people often go by two first and last names given by their parents. The court’s decision would effectively allow citizens to choose the order of their own last names.

The court modified a piece of civil code originally mandating that names had to be written in that order. It made the decision on the grounds that the original code contradicts the right of equality before the law, as well and national and international legislation protecting against discrimination against women.

The code was based on “customary practices based on patriarchal and archaic concepts of family, which discriminates against women and today is incompatible with the Law of the Constitution,” the Chamber said in a press release.

Judge Paul Rueda said the changes were made based on a case where a person sought to reverse the current order of her surnames so that her mother’s name is placed first. The court added that keeping the law as is also limited citizens’ right to freely develop their own personalities and identities.

“Surnames form an inseparable part of the personality of human beings and their order is inherent to the fundamental rights to name and identity,” the magistrates added.

This decision came after another bill passed the Human Rights Commission in Costa Rica’s congress last year which also proposed citizens be able to choose order in which their names are placed.