And it shares a complex history of interactions with the United States , ranging from cooperation to open conflict – a relationship that has ebbed and flowed for more than a century .
While it has not been widely reported , Cuba recently ( July 2018-February 2019 ) spent roughly seven months drafting and adopting a new constitution , which had been under consideration since 2013 .
Cuba ’ s new constitution consists of 229 articles ( including 87 new ones ), and on its surface , appears to be an effort to strengthen citizens ’ rights and adopt economic and political reforms , which did not appear in the country ’ s 1976 constitution and subsequent amendments .
Many of the new protections in the constitution , specifically designed to protect rights of the Cuban people , have now been approved by the National Assembly and ratified by the voters .
After the constitution was adopted , the Washington Office on Latin America ( WOLA ), a U . S . -based organization that promotes human rights , democracy , and social and economic justice in Latin American and the Caribbean , said :
“ Cuba ’ s new constitution , which took effect in 2019 , includes some noteworthy overhauls ” ( specifically referring to the newly permitted ownership of private property ). Moreover , it added : “ the drafting process … involved a citizen consultation process that was relatively inclusive .”
WOLA concluded : “ the changes in the new Cuban Constitution are undeniably significant … While not as transformative as some would have hoped , they should not be dismissed as meaningless or cosmetic .”
Of course , it should be noted that the last Cuban Constitution , adopted in 1976 , and amended since , included a clause that made clear it had an “ ultimate aim of building a communist society .”
That provision was dropped from the draft of the 2019 constitution . But while it was not added during the period of consultancy with the Cuban population , it “ reappeared ” in the final version of the document after the period of consultation with the Cuban public had ended .
We found these articles of the new Cuban Constitution particularly interesting :
ARTICLE 42 : Nondiscrimination Provision We list this article first as it is one of the most descriptive and comprehensive , we have seen in a modern constitution . The rights of citizens particularly enumerated herein are detailed and explicit .
Many of the protections expressly listed herein often have to be interpreted by courts from existing general provisions in many other jurisdictions . The Cubans opted for clarity and specificity .
“ All people are equal before the law … without any discrimination for reasons of sex , gender , sexual orientation , gender identity , age , ethnic origin , skin color , religious belief , disability , national or territorial origin …”
Both the U . S . and Cuba have a shared history of colonialism and revolution and slavery and discrimination . But the systems of government that have evolved are dramatically different , with the Republic of Cuba , emerging as a one-party socialist nation with three levels of government and the communist party as its single official party , whereas the United States is a democratic republic .
Yet in view of its system , it is notable that Cuba has specifically listed each of the rights listed above for protection in its new constitution .
ARTICLE 43 : ( Paragraph 2 ) Equality Regardless of Gender ( Reproductive Rights ) “… It ( the State ) ensures the exercise of their ( women ’ s ) sexual and reproductive rights , protects them from genderbased violence in all its forms and in all spaces …’
These are powerful words . A constitution is not self-enforcing : rights have meaning when laws are passed , adopted , and vigorously enforced . However , the existence of those rights are noticed and recognized when expressed in organizing documents . In other words , express language has value . Without the words , there is no beginning . Words certainly do matter .
ARTICLE 82 : Provision for Matrimonial Equality “ Marriage is a social and legal institution …. It is based on free consent and on the equality of rights , obligations , and legal capacity of spouses .”
After much debate and discussion , the above is the description of marriage that appears in the new Cuban Constitution . The language submitted to the Cuban citizenry during the threemonth comment (“ consultation ”) period defined “ marriage as being between two people .” This definition which contemplated and sanctioned same sex marriage encountered vigorous backlash from many conservative members of Cuban society as well as from some religious groups such as the Catholic church .
When the comment period ended and the provision was sent back to the National Assembly , different language was submitted to the electorate in 2019 for ratification : the definition of marriage was removed entirely and the language appearing above in Article 82 was substituted .
Two years later , the National Assembly adopted a new Family Code . In that code language was adopted that did not prohibit
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