Radio26.Cu – Matanzas, Cuba


Constitution, family and equality.

Tamara Caridad Mesa González 24 noviembre, 2020

When there is less to comply with the provisions of the eleventh transitory provision of the Constitution of the Republic of Cuba on the beginning of the process of popular consultation and referendum on the draft of the Family Code, focusing attention on this issue is imposed by the institutions of the law that regulates.

According to Yamila González Ferrer, vice president of the country’s Union of Jurists, the first task is for people to understand this future law, which will be based on three fundamental principles: plurality, inclusion and affection.

The Family Code will have a content that encompasses family institutions and will provide a solution to the problems related to them. It is important that the population is aware of this because limiting the content of the Code to a single subject limits its scope. » The also Doctor of Law explained, during the Cuban conference for non-violence in the AfroAtenas project, that the antecedents of this future code can be glimpsed in the constitution itself.

Even from the very preamble, when Marti’s phrase is exposed: «I want the first law of our Republic to be the cult of Cubans to the full dignity of man,» a value is expressed that condenses the full existence of the individual. The constitutional articles undoubtedly give clues as to how the next code should be. Articles like 13, 15 and 40 expose elementary questions such as effective equality and the secular condition of the Cuban State.

A family model is not being imposed. People are free to choose the model of their preference, but the State has to protect them all based on the principle of equality and non-discrimination and based on the secularism of the State and therefore the Law. »

Yamila González Ferrer argued that articles 40 to 48 and 81 to 89 are equally vital, since they establish guarantees by making it clear that all people are equal before the law, receive the same protection and treatment from the authorities and enjoy the same rights, freedoms and opportunities, without any discrimination based on sex, gender, sexual orientation, gender identity, age, ethnic origin, skin color, religious belief, disability, national or territorial origin, or any other personal condition or circumstance that implies a distinction that is harmful to human dignity.

The operator of the law highlighted some of the challenges facing a new code such as the protection of the various forms of organization of families on a level of absolute equality, the recognition of marriage and the de facto union between two people as alternatives to living as a couple and in the family without any discrimination in its scope and without distinction on the grounds of sexual orientation, granting each figure their own legal effects and the change of nomenclature of «parental authority».

It must also regulate other more flexible forms of parental responsibility such as extended, rehabilitated, residual or assisted, the option of recovery after deprivation, the variants of sole or shared custody and the temporary transfer of some facets of its content.

Another challenge will be the recognition to relatives other than the father / mother (especially grandparents and grandmothers, uncles / aunts, brothers / sisters and related fathers and mothers) of a set of rights and duties in this area.

As well as the incorporation of full adoptive parentage for any family structure and for the cases of people who meet the legal requirements. In 2021, according to the eleventh provision of the Constitution, the National Assembly of People’s Power must approve a draft Family Code that will be submitted to popular consultation and referendum and the legal scope will mark the application and scope of the Law in Cuba .

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