About the preliminary draft of the new Childhood and Youth Code for Cuba (final).

It is the duty of the corresponding state authorities to search for, locate and accredit the information necessary to certify or reestablish the identity of children and adolescents.

The exercise of the personality rights of children and adolescents is based on respect for their dignity as persons, the free development of their personality and contributes to the strength of their decision-making process.

These rights of the personality of children and adolescents may not be subject to illegal and arbitrary intrusions, except as provided by the competent judicial authority based on their best interests.

Children and adolescents may validly exercise their personality rights in accordance with their maturity, progressive autonomy and discernment to understand the act they are performing. The exercise of the personality rights of children and adolescents has a scope of reinforced protection and the criterion for decision making is that the more serious the consequences that may result from their exercise for the minor, the greater the degree of autonomy, discernment and maturity that must be required of them.

Conflicts arising between children and adolescents and the holders of parental responsibility, any of their remaining legal representatives or their de facto guardians, due to the effective exercise of the rights of personality, are resolved before the competent judicial authority, taking into account their best interests.

The State bodies, within the scope of their competences, guarantee the protection of the personality rights of children and adolescents who have been victims, witnesses or are related to the commission of a crime; as well as those adolescents who are attributed their participation in an act that the law classifies as a crime, in accordance with the legislation in force.

The right to free development of personality is recognized and protected, since children and adolescents have the right to free and full development of their personality, according to their potential, tastes and preferences, in accordance with their psychological maturity and progressive autonomy.

It is the duty of the corresponding state authorities to search for, locate and accredit the information necessary to certify or reestablish the identity of children and adolescents.

Written by Dr Osvaldo Manuel Álvarez.