The twenty-fifth drat of the new Family Code was approed by the Cuban Parliament and will now go to referendum on September 25. In the words of the Minister of Justice of the Republic of Cuba Oscar Silvera Martínez, this draft is a more solid proposal impregnated with popular sovereignty that reflects the revolutionary essence of protection of rights, guaranteeing social justice and high human content
In his speech before the deputies of the National Assembly of People's Power (ANPP), the Minister said that we are in the presence of a Code that is for the benefit of all, which has an inclusive, protective and equal character, does not regulate rigid or pre-established family models, and allows "to solve the conflicts that occur and exercise the rights recognized in that area, taking into account the characteristics, situations and possibilities of each person."
It is a modern norm, which offers solutions to current problems based on interdisciplinary scientific innovation, an expression of respect for the mandates of our Constitution and the international treaties to which our country is a signatory, he added.
According to the data issued by the National Electoral Council, the popular consultation of this norm was a full, legitimate, interactive, democratic, voluntary exercise and a sample of the people's participation in decision making, he recalled.
In this process, 75.93 % of a total of 8,535,742 voters participated, 79,192 meetings were held, of which 1,159 were abroad, and 434,860 proposals were processed, said the Minister of Justice.
In summary, version 25 is the result of the modification of 49.15% of the entire content of the previous project that was submitted to popular consultation, and to this already significant fact adds the results of the specialized consultations that also contributed major changes, he explained.
He underlined that the titles with the greatest modifications were those related to filiation, parental relations, the institution of marriage and other institutions of guardianship and protection within the family.
As the Minister detailed, among the fundamental aspects that have changed in the current version is the broadening of the protection of children and adolescents, and the principle of their best interest is intertwined with their duties as subjects of law.
He pointed out that the urgent protection against discrimination and violence is reinforced; the ways of channeling non-compliance with the legal obligation to provide alimony are defined; and the causes for the cessation of the legal obligation to provide alimony and its exceptions are outlined.
Other amendments are aimed at clarifying the definition of gestational solidarity, its distinction with the assumptions that generate multiparentality, while a term is established to initiate the process and this institution is further protected.
Regarding the legal institutions of the family, such as marriage, affective unions, adoption, assisted human reproduction techniques, progressive autonomy and parental responsibility, Silvera Martinez clarified that, although certain aspects of their contents are improved, they are maintained in the project to guarantee coherence with the Constitution, with international treaties, with the support shown by the population during the consultations.
In his speech, he thanked all those who made possible with their actions and contributions to reach this moment with a Family Code worthy of its people and a reflection of its reality, which reaffirms the humanist character of the Revolution and leads our State and society in the search for a fairer Cuba.
Arelys Santana Bello, president of the Commission of Care to Youth, Children and Equal Rights for Women, when presenting the opinion on the proposed regulation, commented that it reflects the feelings of the people, adjusted to the current context, and that it guarantees more equity for all, without distinctions.
It is also an expression of the essence of Fidel's thinking and Raúl's ideas regarding human rights, and the precepts always defended by the heroine Vilma Espín, she pointed out.
A CODE OF ALL OF US, WHICH WILL MAKE US GROW AS A NATION
In assessing the draft legislation, Deputy Danhiz Díaz Pereira commented that the first thing to be kept in mind is who the Code is addressed to, whose interests it serves, and the vote will come from there.
It is the Code of women, because it protects them and does not lock them up in the houses, and it is also the Code of men, because it does not put us as abusers, but talks about violence in a general way; it is the Code of children because it sees them as subjects of rights; of grandmothers and grandfathers, of aunts and uncles, because it gives value to the family and does not put their affection as something distant.
It is also the Code of those who today are called stepmothers and stepfathers, because it eliminates labels and places them in the place they deserve; of those who believe that marriage is the official institution of the family, but also of those who think that it is not necessary to get married to live in union all their lives; of those who have a lot of love to give to a child, but certain physical or social conditions keep them from bringing one into the world, he emphasized.
Deputy Miguel Barnet expressed that he is a defender of this Code, which stands as a bulwark for the new generations and will place us at the forefront of modern thinking.
Deputy Mariela Castro Espín described this as an exciting moment for our people, committed to the most advanced ideas of the Revolution, to have reached this exercise of debate and reflection on the Code, a norm that contributes to the strengthening of our political system and of the conquests that we are acquiring in the field of human rights.
She also highlighted the popular participation, a sign of the democratic exercise, and the role of the historical generation and the current leadership of the country, whose ideas have also had a transcendence in the elaboration of the project.
María Armenia Yi Reina, deputy for Mayarí, Holguín, pointed out that this is a Code that ensures the rights of the family and that she will vote yes for it to be taken to a referendum, even though she does not agree with some issues included in the legal body of the text, because of her Christian faith principles.
In order to continue saving the Revolution and the Homeland, the family must also be saved, and this Code is a very important part of that work, said Deputy Yusuam Palacios Ortega, president of the Movimiento Juvenil Martiano. This task does not end here, nor with the referendum, because it is about the formation of the generations that will succeed us to defend Cuban Socialism the way we want it, he continued.
Teresa Amarelle Boué, member of the Political Bureau of the Party and general secretary of the Federation of Cuban Women, reiterated that this project is an expression of the political will of our Government and of an entire people, "it is the materialization of Vilma's struggles, and the dreams of women around the world who are still fighting for rights that are protected here, such as sexual and reproductive rights."
The Cuban Association of Civil and Family Law, from the Union of Jurists of Cuba, assured that the Code exalts plurality, inclusion and that it has also been thought from the diverse criteria on the ways of building family models.
It is an expression of the quality of being Cuban, of the Homeland; a Code of opportunities that will undoubtedly be one of those norms that future generations will be proud of, he pointed out.
Let love and affection be the law, concluded Patricia Arés Muzio, professor at the Faculty of Psychology of the University of Havana, minutes before the deputies unanimously decided to approve and take the Family Code to a referendum.
HOW WILL THE REFERENDUM BE HELD?
On Sunday, September 25, 2022, between 7:00 a.m. and 6:00 p.m., the referendum on the Family Code will be held in Cuba. Cubans living abroad will vote one week earlier.
Homero Acosta Álvarez, secretary of the ANPP, said the vote remains free, equal, direct and secret vote, and that the question for the referendum will be: Do you agree with the Family Code?
All citizens over 16 years of age will have the right to vote, as established in the Constitution, on the day of the referendum, with the exception of those who are impeded by the circumstances set forth in the Constitution and the Law.
He explained that to be approved, the new Code must receive more than 50% of the valid votes. Once it has obtained the required amount of votes, it will be applied as a law.
Today's decision is transcendental, because for the first time in its constitutional history, Cuba approves the effective exercise of a legislative referendum and, with this step, is inserted within the very few countries that have developed this institution of direct democracy, he said.
