22 July 2024 marked two years since the Cuban Family Code was approved by the National Assembly, and, just as CSW warned, the legislation has extended far beyond equality for the LGBT+ community. Although this aspect was the focus of the government’s efforts to encourage a ‘yes’ vote in the public referendum that followed, only a handful of the 474 articles were relevant to that subject.
Implementation of the legislation has pressured entire families into emigrating, to protect their children and not lose parental custody as is a real possibility under Article 191 of the code. The legislation allows for minors to be transferred into the care of the state, if the parents fail to fulfil the responsibilities detailed in Article 138 of the code including ‘inculcating love for the family, for the homeland, respect for its symbols… the norms of social coexistence [based on the ideology of the Cuban Communist Party] and respect for the authorities’. Parents are at risk if they demonstrate behaviour that ‘induces their daughter or son to commit a criminal act…’ (191 (c)) and/or ‘[are responsible for] vicious, corrupt or criminal conduct that is incompatible with the proper exercise of parental responsibility…’ (151 (e)).
Continue reading “The Cuban Family Code two years on”At first glance the code may appear harmless, however, it is necessary to understand that all the concepts of homeland, family, respect for patriot symbols, criminal act, and vicious or corrupt conduct are interpreted within the framework of the socialist system on which the 2019 constitution is founded. However, continuing protests, such as that of 11 July 2021 and other smaller scale social uprisings since then,1 indicate that the population is rejecting the system that the constitution obligates Cuban citizens to defend, even with their life.2