What does the preliminary draft of the Family Code of Cuba say?Other interest websites

Havana, SEP (ACN) The Ministry of Justice published on its website version 22 of the draft of the new Family Code, a text highly anticipated by Cuban society and that introduces modifications that make up the experiences obtained in the application ofits predecessor, included in Law 1289 of February 14, 1975.

The text recognizes the different forms of organization of families, which suggests that they are created on the basis of emotional relationships between relatives, whatever their nature, and between spouses or affective couples.Its members are obliged to fulfill family and social duties and the State recognizes in them the fundamental cell of society, protects them and contributes to their integration, well -being, social, cultural and economic development, and the performance of their responsibilities and,,creates the conditions that guarantee the fulfillment of its functions as an institution and social group, it refers.

It also regulates the rights recognized in the Constitution of the Republic, with special emphasis on that of every person to constitute a family, family life and full equality in filiatory matters.It also recognizes the right of every person in the family environment to respect the free development of their personality, intimacy and their personal and family life;of girls, boys and adolescents, as subjects of rights, to be heard in accordance with their progressive capacity and autonomy;and that of women to a balanced time use, which allows them to fulfill their responsibilities and develop integrally without domestic and care overloads.

Other recognized faculties are that of people to the full development of sexual and reproductive health in the family environment regardless of their age, gender or disability;as well as to education on family reproduction and planning, appropriate for their age.

The Family Code defends the right to protection to motherhood and fatherhood and the promotion of their responsible development;to a family life free of violence in any of its manifestations;of grandmothers, grandparents and other relatives and girls, boys and adolescents to a harmonious and close communication between them in the family environment;and that of older adults and those in disabilities to their self -determination and preferences and to have equal opportunities in family life.

The draft expresses that girls, boys and adolescents, people with disabilities, older adults, victims of violence or any other person in a situation of vulnerability in the family field, can be represented in the judicial processes derived from the application of the code, by defendersrelatives freely elected by them or appointed in the cases proceed, at the request of the person, or from the Office of the Office of the Prosecutor's Office itself.

It defines that family violence implies an imbalance of power and encompasses gender -based, which occurs against girls, boys and adolescents, against older adults and against people in disabilities;and recognizes as manifestations of them the physical, psychic, moral, sexual, economic or patrimonial abuse, either by action or omission, direct or indirect, in which aggressors and victims had or maintain relationships, and the one that occursbetween relatives.In this sense, all matters in this area are urgent judicial protection, with the participation of the Prosecutor's Office that is notified to issue its opinion.

The text provides that the voluntary exposure by the victim to a dangerous situation does not justify the harmful fact, nor exempts the aggressor from responsibility, unless due to the circumstances of the case, the causal link is totally or partially interrupted.

In the same way it stipulates that who in their family relationships use violence in any of its demonstrations, responds in accordance with the provisions of family legislation and penalty.

The draft recognizes the socio -affective relationship, which "is based on the will and behavior between emotionally linked people on the basis of a stable and sustained relationship in time, which can justify a affiliation".

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This is exceptionally recognized by competent court and has the same effects as the consanguineous.Regarding marriage, he points out that the voluntarily concerted union of two people with legal aptitude for this is treated, in order to make life in common, on the basis of affection and love.

As a requirement, those involved must be more than 18 years old, although exceptionally, and for justified reasons, the Court can grant minors of this age the authorization to formalize the union whenever they are 16 years old.

Read more: they point out a need for a code of families according to the reality of Cuban society (+video)

Likewise, marriage for children under 18 years of age prohibits, unless they have been exceptionally authorized by the court with 16 years fulfilled;for those who are in a situation that prevents them from forming or expressing their will by any means to grant marriage consent, permanently or temporarily;for those who are married;and for those who have constituted an affective union, implemented in notarial route and registered in the corresponding registry until it is dissolved.As relative prohibitions, it contemplates that they cannot formalize marriage to relatives in direct, ascending and descending line, the brothers and other collateral relatives to the third degree, except that it is related relatives;and the person appointed as intense support with faculties of representation and the person in disabilities who needs such support, until this cessation and accounts of his management.Nor may those who had been convicted in a criminal process for final sentence as authors or as an author and accomplice of the intentional death of the spouse or affective de facto part of any of them;As long as the process has not completed.

In the case of the adopted person, the established prohibition in relation to biological relatives is fulfilled, although the legal link has been broken with these.

On adoption, it establishes as requirements to have turned 25 years old;be in the full enjoyment of civil and political rights;be in a situation of solving the economic needs of the adoptee;have a behavior that allows to presume, reasonably.

Among the adoptants and those adopted there must be a minimum age difference of 18 years and maximum of 50, except for the cases of adoption between relatives, within the limits established by this code;by integration;or several brothers, sisters or minors in disabilities.

The document recognizes solidarity pregnancy and regulates that it is authorized judicially when people united by family ties intervene in the same, provided that the health of the people involved in the medical procedure is not endangered.In this sense, the prohibition of any type of remuneration or gift is established, leaving the compensation of the expenses generated by pregnancy and childbirth safe.

Only in exceptional cases can it be judicially author.

The draft of the Family Code includes a broad baggage of issues among which are those related to affiliation, parental relations, international law norms in the private family, among others.