The egalitarian Cuban family Articles | Deshabhimani

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The Cuban people have approved a new family code that makes it more egalitarian and democratic, changing the traditional notions of the family. The new family laws were approved in a referendum held on September 18 (Cuban citizens abroad) and 25. With this, a progressive, more egalitarian family form is emerging in Cuba. By ensuring the continuation of the Cuban Revolution, the Cuban Communist Party-led government guarantees a dignified life for the marginalized and gender minorities. “It shows the human side of the Cuban revolution,” said Minister of Justice Oscar Silvera Martinez, who spearheaded the change. President Miguel Diaz-Canel’s opinion is that ‘justice has been made available to all’.

Let’s first check what changes the new laws bring to the family structure. The most important feature is that same-sex marriage is legally recognized. Same-sex couples will also have the right to adopt children. Along with this, both men and women will have equal responsibility in the family. Parents may have ‘responsibility’ for children but not ‘custody’ of them. Parents should be prepared to provide respect and dignity to children and adolescents. Their opinions should also be respected in family matters. Laws to prevent domestic violence will also be tightened. The new code also has rules to ensure protection of children and the elderly.

The definition of marriage as a mutual agreement between a man and a woman was also changed. Marriage is now a contract between two partners. The time when homosexuality was viewed with fear is coming to an end in Cuba. In Latin America, same-sex marriage has already been allowed in Mexico, Colombia, Brazil, Chile, Costa Rica, Bolivia, Argentina and Uruguay. This new code has been approved through a highly democratic process. Those who call for the totalitarian rule of the Communist Party in Cuba should know this. 39 lakh (out of a total of 85 lakh voters) voters voted in favor of the new code. That is 66.9 percent. 19.5 lakh voters–33.1 percent voted against. This poll was conducted at a time when the internet and social media were popular. Cuba is going through a severe energy crisis. Therefore, Western media including the BBC and newspapers such as the Havana Times wrote that the people would use the opportunity to defeat the communist government, but the majority of the people supported progressive reform. Moreover, the Catholic Church and the Evangelical Church were openly against this family relationship reform. In a statement issued by the Catholic bishops, the new code denied a child’s right to a father and mother and argued that marriage should be between a man and a woman. However, two-thirds of the voters favored the reforms proposed by the government.

The communist government of Cuba took an unusual democratic process to approve this code of law. During the approval of the new constitution in 2019, there was a demand for changes in family laws. Mariela Castro, the daughter of former President Raul Castro and head of the National Center for Sex Education, made this demand. However, the move was shelved due to massive protests from Christian churches. On July 6, 2019, the Ministry of Justice constituted an Ad Hoc Working Group. In their detailed discussion, 22 drafts of the legal code were produced. The 22nd draft will be published on the website of the Ministry of Justice on September 15. People were given an opportunity to submit their comments till October 15. The 23rd draft was submitted to the National Assembly for approval, incorporating many of these proposals. On the basis of the discussion held in the Parliament, the 24th draft was again subjected to popular discussion with some amendments. 79,000 attended the meeting. 64,81,200 people attended these meetings. 3,36,595 people participated in the discussion. 79.93 percent of the total voters participated in the meetings. Based on this discussion, 49.15 percent of the content of the 24th draft was rewritten. The 25th draft thus prepared was submitted to a plebiscite after approval by the National Assembly. In other words, the family code was changed by taking the people completely into faith. The strength and scope of Cuban democracy is evident here.



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