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News > Cuba

Cuba: The New Family Code

  • New Family Code to be approved in Cuba. Feb. 22, 2022.

    New Family Code to be approved in Cuba. Feb. 22, 2022. | Photo: Twitter/@EmbaCubaKenia

Published 22 February 2022

The Family Code is the new legal novelty in Cuba, as it contains unique elements aimed to pursue the realization of the person.

The draft of the Cuban Family Code is composed of the principles of pursuing happiness for the first time in the Island's law. The preliminary previsions contain articles where the most appropriate solution will be sought to realize the person.

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Leonardo Perez Gallardo, president of the Cuban Society of Civil and Family Law, detailed the document that confirmed the statement during his address on the Hacemos Cuba program on national television. On the matter, Ana Maria Alvarez, professor at the Law School of the University of Havana, noted that laws established in the code are adapted to each specific situation.

Article 3 of the draft Family Code is now popular among people because of its principles of equality and non-discrimination, solidarity, and the interests of children and adolescents. Jurist Yuliesky Amador, through a statement posted on his social media, highlighted that the law is to be applied in all environments where minors develop themself: families, schools, communities, and administrative and judicial processes.

"It implies that those who have the responsibility to make decisions related to children should choose the option that best protects their rights," read the statement. The Jurist has defended applying this principle as it is very applicable when analyzing the guardianship and protection of children, one of the broadest ways of expressing parental responsibility.

"While today only unilateral guardianship, which gives a wink of preference to the mother, is taken into account, in the new document there are a variety of options such as shared guardianship and care," explained Perez Gallardo, highlighting that it breaks all the schemas respecting to the guardianship and care currently in force.

Dr. Alvarez considers this an interesting concept because of how it enhances co-responsibility: "under the principle of equal conditions, girls and boys can enjoy identical times of the company, stay and share with mothers and fathers."

According to her, many men need equality on terms with children, "this is evaluated on the basis of the specific situation and what is most beneficial for the minor, in the case of children who have the necessary maturity to show their interests, their opinion on these issues can be heard."

Dr. Alvarez noted that the law does not allow them to do what they want; instead, it is easier to solve any case when there are more people involved in making a decision.

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