On September 25, Cuba will put the draft Family Code, a law that includes same-sex marriage and surrogacy, to a popular referendum. On the other hand, the Conference of Catholic Bishops of Cuba rejected this Monday several points of the project.
The project expands the rights of the LGTBIQ+ community, including, the recognition of same-sex marriage, which is raised in the text as a union between two people. The new document aims to replace the Code, which has been in force since 1975. Its latest version, which reached number 25, was published in the newspaper of the Cuban Parliament on August 20 after being approved by the Assembly on July 22. Previously, The text was subject to a public consultation between the months of February and April this year, which, according to the official page of the Cuban government, was conducted with more than six million inhabitants. (representing more than half of the population) and received a 62 percent approval rating.
“This rule was reached after a constant search for consensus and its purpose is to consolidate the guarantee of all rights for all people, as a reflection of the mandate of the 2019 Constitution, of the internal coherence of the code itself, with the rest of the legal system of the nation and with the international commitments that Cuba, in the name of its people, has taken,” said the statement published on the official page of the Cuban parliament. “The Family Code offers alternatives, possibilities and options. It is an inclusive code that protects and reflects current Cuban society.”he adds.
A more egalitarian Cuba
The new text of the Family Code is divided into eleven titles and 474 articles, inclusive it reinforces, first of all, affection and solidarity as axes on which family relations are based. Families are seen as a union of people linked by an emotional, sentimental and psychological bond, thus valuing love as a legal value and where gender is not distinguished.
It’s another moment the recognition of the right to care and affective protection, in a fair and just way, providing special support to women, who in most cases are responsible for the tasks related to care. Added to this is the economic value of working at home and the greater economic and inheritance protection of those who have devoted themselves and continue to devote themselves to this work.
second, Four types of kinship have been identified, including natural reproduction, the legal act of adoption, the use of any technique for assisted reproduction, and the bonds that are built by socio-affective, which is legally recognized. This clause recognizes and judicially regulates multiple parentage from the birth of the girl or boy or later.
Similarly, There are sanctions for domestic violence for people who are in a state of vulnerability, whether they are women, boys or girls or people with disabilities. To this end, supporting institutions such as the Convention on the Rights of the Child and the Convention on the Rights of Persons with Disabilities will be developed.
In the last meeting that took place on July 22, where the final proposal was published, several deputies and contested, and even Homero Acosta, secretary of the assembly, were in favor of the new code and were proud of the advancement of the rights that this project means not only by what it proposes, but also by the method of approval, which involves the Cuban people through a referendum.
“We will do it because we decided it sovereignly and in accordance with the Constitution. We will do so because effective public participation is inherent in our political system. We will do it so that the people can once again and in the exercise of their sovereignty defined in the Constitution, express themselves freely. We will do it because the people have been, are and will be the main actors and decision-makers on the main issues of the nation. This will be a true exercise of people power.noted Acosta in connection with the referendum, which will be voted on in December.
in turn Deputy Mariela Castro, daughter of the leader Raul Castro and director of the National Center for Sexual Education (CENESEX), which has promoted the fight for the rights of the LGBTI community for more than three decades, described this moment as exciting and highlighted the advanced ideas that they have treated. “These are complex issues that generate fear and controversy. But I really have to admit that as a society we have grown, we have enriched our heritage, our knowledge of law, of rights and especially in this case of family law,” he said.
In Cuba, still marked by machismo and homophobia, whose government persecuted and marginalized homosexuals in the 1960s and 1970s during the dictatorship of Fulgencio Batista, same-sex marriage is an issue that continues to be debated. CENESEX previously promoted same-sex marriage in the proposed constitution approved in 2019, which enshrined the rights of this community. However, its inclusion in the new Magna Carta was delayed due to the strong rejection of the evangelical churches and other social sectors.
The Appeal of the Catholic Church
In a statement, the Catholic Bishops’ Conference of Cuba expressed this Monday that the introduction of the content of “gender ideology” into the legislation does not benefit Cuban families. “Marriage between a man and a woman, which is the natural foundation of the family, cannot be displaced or deformed to make way for other legally constructed ways,” the document states.
Likewise, they reject same-sex adoption, multiple parenthood, the application of assisted human reproduction techniques to same-sex couples, and postmortem in vitro fertilization, a technique that allows the use of a deceased person’s sperm for fertilization.
«Every child is a gift and an end in itself; A child has a right to have a father and a mother. It is not ethical to accept the so-called ‘solidarity pregnancy’ as adequate, where a woman who carries a child in her womb for nine months must give birth immediately after the birth of other people,” the statement said.
Source: page 12