Cuba has world's most progressive family code now; know more

It was a watershed moment for Cuba when its 100-page revolutionary “family code”, viewed as the world’s most progressive and inclusive one, was approved by an overwhelming majority in a historic national referendum held on September 25.

This family code does not just legalise same-sex marriage (for a country that used to persecute gay people and send them to work camps to “re-educate” in the 1960s and 70s, this is big) and gives gay couples the right to adopt children, it also basically changes the concept of what constitutes a ‘family’.

In a tech driven, nuclear family dominated world, it expands the concept of what constitutes a family, and makes it more inclusive.

Furthermore, it establishes the right for everyone to experience a family life free from violence, one that values love, affection and solidarity and above all, responsibility.

Cuba’s new family code also boosts women’s rights promoting their right to equal share in domestic responsibilities with men. Importantly, it recognises the women’s work at home and codifies domestic violence penalties as well. Interestingly, this game-changing law encompasses the key role of grandparents, and gives them the right to share parental rights along with step-parents and surrogate mothers. It also adds terms for prenuptial agreements and assisted reproduction.

This family code is all set to transform the concept of the family nucleus and expand women’s rights and LGBTQ+ rights, said international media reports. More than 3.9 million voters, i.e., 66.9 per cent voted to ratify the code, while 1.95 million or 33 per cent opposed its ratification.

“Justice has been done,” tweeted Cuban President Miguel Diaz-Canel, who had led the campaign for the adoption of the code. Cuba’s government had backed the law and ran a nationwide campaign urging people to approve it. “It is paying off a debt with several generations of Cuban men and women, whose family projects have been waiting for this Law for years. From today we will be a better nation,” added Diaz-Canel.

Also read: ‘Earth is now our only shareholder’: Patagonia owner gives away $3 bn company

The 33 per cent who voted against the code showed that communist Cuba is changing amid simmering anger against long power outages and lines for food, medicine and fuel.

Most inclusive and progressive code – the details

The new family code guarantees the right of all people to form a family without discrimination, legalises same sex marriage and allows such couples to adopt children.

Parental rights are to be shared among extended and non-traditional family structures such as grandparents, step-parents and surrogate mothers. It also features details on prenuptial agreements and assisted reproduction.

It boosts women’s rights, promoting equal sharing of domestic responsibilities.

It legalises same-sex marriage and gives gay couples the right to adopt children

It extends labour rights to those who care full-time for children, the elderly, or people with disabilities.

It establishes the right to a family life free from violence; that values ​​love, affection, solidarity and responsibility.

Rights for children

The code outlaws corporal punishment. It states that parents will have “responsibility” instead of “custody” of children, and be required to be “respectful of the dignity and physical and mental integrity of children and adolescents.” It also asserts that parents should grant maturing offspring more say over their lives.

The new code also expands the rights of the elderly and people with disabilities. It recognises the role of grandfathers and grandmothers in the transmission of values, culture, traditions and care.

Also read: Why King Charles III’s tenure signals a change of tone, course

Gay rights

Gay rights activists had fought long and hard for these reforms. But, over the last few decades, people in this Communist-run island have become more accepting of homosexuality, partly due to the efforts of former leader Raúl Castro’s daughter Mariela.

During Fidel Castro’s rule after the 1959 revolution, homosexual men and women were sent to work camps for supposed “re-education”.

Cubans ecstatic: Love is already a law

After the results filtered in, thousands of Cubans posted their messages on social media networks celebrating the ratification of the code. People posted on social media: “Love is already a law,” “love, respect and unity won,” “Cubans voted with whole heart in favour of unity, socialism and revolution.”

Esteban Lazo, president of the National Assembly of People’s Power, stated, “Love, affection, peace, inclusion and social justice triumphed, it’s “YES” for Cuban families.”

‘The new Cuban Families Code is an incredible win for children, the elderly, LGBTQ+ people, women, and families. This is what participatory democracy looks like!’ wrote a social media user from Cuba.

The new Cuban Families Code is an incredible win for children, the elderly, LGBTQ+ people, women, and families. This is what participatory democracy looks like! https://t.co/ZxboJsvWAP

— CODEPINK (@codepink) September 26, 2022