the legality of same sex marriage . In 2022 a referendum on the Family Code was held ; it was overwhelmingly adopted and there is no constitutional provision contradicting the definition that marriage is between two people .
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Still , more exploration needs to be done to determine whether same sex marriage is lawful or remains an unfulfilled promise in Cuba .
ARTICLE 89 : State Support for the Disabled : … The State , society and families have the obligation to protect , foster , and ensure the full exercise of rights for disabled persons …”
Persons with disabilities have articulated rights of “ full citizenship , social inclusion and participation .” Now the work begins to make good on this pronouncement . However , the language is a building block , has clarity and is plainly written .
When the Americans with Disability Act was initially signed into law in the U . S ., both Wade Henderson and Elaine Jones contributed to the success in 1990 .
ARTICLE 16 : ( Paragraph F ): Protection of Environment : ( Climate Change ) In this article of its new constitution , “ the Republic of Cuba … ( F ) Promotes the protection and conservation of the environment as well as responding to climate change , which threatens the survival of the human species , …”
Again , there is no confusion or ambiguity in the Cuban Constitution about the importance of climate change and its undeniable impact on present and future generations . The language is emphatic and a clarion call to humanity .
ARTICLES 94 and 95 : Due Process and Criminal Law Protections These articles place additional vital administrative and legal responsibilities on the legal system in Cuba , especially its high court . There is a promise (“ guarantee ”) of due process which appears to mandate judicial independence and includes such fundamentals as right to counsel , right to speedy trial , and protection from false imprisonment .
There is asserted protection against self-incrimination and the presumption of innocence is boldly declared . Further , the crown jewel of due process is heralded , no illegal deprivation of liberty which includes the right to be promptly informed of the charges against an accused ( habeas corpus ).
Moreover , nine specific articles , numbers 147-155 detail the obligation of the court system to the citizens of Cuba . Once again , the language is unambiguous regarding the structure of the courts and the independence of same . Language in Article 48 which asserts “[ T ] he People ’ s Supreme Court exercises the maximum judicial authority , and its decisions are definitive .”
In Cuba ’ s new constitution , Judicial independence is a lofty and courageous promise . n
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Elaine Jones and Wade Henderson are giants in the global struggle for justice . They have spent their professional lives working to secure , protect , and expand civil and human rights , using primarily social justice activism , civic education , legislation and litigation to achieve their noble goals .
Henderson , a former president of The Leadership Conference on Civil and Human Rights , and Jones , a former Director-General of the NAACP Legal Defense Fund , were members of a small group of journalists , academics , and civil and human rights activists who traveled to Cuba with me this past summer for meetings with some Cuban leaders .
In this edition of the Morgan Global Journalism Review , they share their reflections on the more than two-hour-long discussion we had with Ruben Remigio Ferro , the president ( chief justice ) of the Cuban Supreme Court .
“ We do not write as experts , however we do write as informed engaged participants in law and civil and human rights ,” Henderson and Jones said in agreeing to do this essay on what they got from our conversation with Dr . Remigio .
“ Thus , we have come to this discussion of the new Cuban Constitution and the operation of its judicial system realizing how much more we must learn . Humility and awareness of our limits inform this essay ,” they want to make clear .
Those qualities are in short supply on both sides of the six-decade-old political divide between the United States and Cuba .
– DeWayne Wickham