Cuba: From the Code to Respect
By John Alex Fernández Leyva
From Ahora, newspaper of Cuba's Holguín province
Mariana, a 15-year-old transsexual teenager, dreamed of finishing high school and studying medicine. However, the management of her school refused to wear the female uniform, arguing that "it did not correspond to her documents" and because "her sex at birth dictated it".
This experience is especially relevant today, when the implementation of the new Family Code, a modern, inclusive and protective law seeks to guarantee dignity, equality and respect for diversity, defending fundamental rights so that stories like Mariana's are not repeated.
The National Center for Sex Education (Cenesex) since the approval of the Family Code by the Cuban people in 2022 has played a very important role in the dissemination and knowledge of the regulations by the population. Dr. Mariela Castro Espín, director of the institution, was part of the drafting committee and legal specialists participated with the contribution of ideas in the consultations.
Yuleiski Moré Arma, legal advisor of CENESEX commented: "We coordinate the legal guidance service that is intended for people who are victims of violations of their rights due to sexual orientation or gender identity, we also accompany women in situations of violence, as well as families of children and adolescents, who suffer child sexual abuse and other forms of mistreatment."
As a study and postgraduate institution of the University of Medical Sciences of Havana, the center has the mission of training human resources in relation to the issues of comprehensive sexuality education.
"A lot has been achieved but we are not satisfied, we know that we still have to continue working based on the education of the Cuban population in respect for the rights of others and inclusion, so that it does not remain only in the letter of the Code," said Moré Armas.
In Holguín, legal orientation services are provided for key population groups every Thursday from nine in the morning to twelve at noon from the Alex Urquiola Provincial Library. The space aims to eliminate discriminatory practices, balance social inequalities due to gender discordance, discrimination based on positive serological status or sexual preference, as well as abolish violence, especially in gender-based issues and situations that affect quality of life.
It also addresses the physical and emotional health situation of vulnerable populations in the national response to STIs, HIV and hepatitis, the project also directs attention to transgender people, men who have sex with individuals who practice transactional sex and their partners, in addition to those living with HIV.
Equal marriages in Holguín
Advances in the legislative system have allowed resolutions such as the one related to assisted human reproduction techniques. In addition, according to the Civil Status Registry department of the Provincial Directorate of Justice of Holguín, a total of 124 equal marriages are counted in the territory from 2023 to April of this year, from the implementation of the new Family Code.
Tania Pérez Torres, head of the Ombudsman's Office department
Tania Pérez Torres, head of the Ombudsman's Office in the legal body, said: "The Ombudsman's Office, as a structure of the Ministry of Justice, has the mission of protecting, guaranteeing and restoring the exercise of the rights of children and adolescents, people with disabilities, the elderly, individuals declared judicially absent, citizens who are victims of discrimination and violence in any of its manifestations, among others.
"The City of Parks has an office located on Aguilera Street, on the corner of Cardet that provides advice and accompaniment to any person who is a victim of discrimination based on sexual orientation or gender identity due to stereotypes marked in society. When any person incurs in these acts, it is a legal matter, gender is a social construction that is configured in a socio-legal way."
Maribexy Calcerrada Gutiérrez, psychologist and professor at the University of Holguín, explained: "The sensitivity of protecting these citizens against rejection is a common purpose that leads to obviating differences, which due to various conditions, could not be so functional.
"For example, a person who identifies with a gender norm other than their genital sex has likely experienced contradictions, rejections, and those same experiences intervene in their personal well-being and the health of their interactions because, among other factors, a history of rejection can disrupt the healthy course of personality development."
To break down prejudices and move towards a fairer society, it is key to stimulate research that collects the experiences and life experiences of people with sexual diversity, only in this way can the real challenges they face be understood and dismantle stereotypes from a human, social and legal perspective.
"It is an issue on which we must take a humanitarian position, on the one hand, the value of the person above any conduct, on the other hand there is a lack of causal analysis, the defense of the dignity of these people as a common objective has contributed to globalizing the meaning of these behaviors as an expression of rights in equivalence with any other."
"What differs is the analysis of histories that are at the basis of many divergent orientations from the norm, which have not always been so functional. Without absolutizing, he identified homo people at the intersection with other sexual diversities, in which there was an absence of parents due to abandonment, deterioration of affectivity in the family origin, sexual violence. It is not necessarily in the causal basis of all subjects with these behaviors, but such histories exist in many cases. In order to position this issue only as a problem of law, a more psychological analysis has been omitted," Calcerrada Gutiérrez said.
The new Family Code in Cuba explicitly recognizes and protects the rights of LGBTIQ+ people, expanding the concept of family and prohibiting discrimination based on gender identity, but its true impact will only be achieved if society knows and values these stories, understanding that behind each right there are lives marked by struggle. the hope and desire to be happy like anyone else.
Teresa de Jesús Fernández González, national coordinator of the Lesbian and Bisexual Women's Network commented: "We develop training workshops so that the types of violence that exist and sometimes are reproduced unconsciously because they are naturalized, we are interested in lesbian women not reproducing negative patterns in their relationships."
"The group is characterized by creating educational and informative materials related to comprehensive sexuality education. We do awareness and activism work from the point of view of the needs to make society more inclusive.
"When the groups detect that there are lesbian women who have suffered work, school or social harassment, they report it and take the lawyers so that they can guide them with the legal service in the different provinces where they should go.
"For lesbian women, the Ministry of Public Health approved a resolution granting the right to access assisted human reproduction techniques. The fact that many have married legally protects them and the code is fundamental to have legal support, we have always said that it is not enough for a code to be approved and for there to be laws, we must continue working on education."
Yuleiski Moré in relation to the legal assistance service assured: "We are willing for an institution or person to summon us to talk about these matters, specialists help the population to understand the things that may be a reason for doubt. To access the legal guidance service is not exclusive to the city of Havana, anyone in the country can call, in addition to Santiago de Cuba and Sancti Espíritus a parallel service is provided."
"The most recurrent violations of rights occur to trans people who still encounter a little resistance, mainly in educational institutions and some workplaces where on certain occasions it is not allowed to go according to the identity with which they perceive themselves, this attacks the effective exercise of rights, but generally, without being absolute, have been resolved."
"In other cases we rely on the Ombudsman's Office, which has a very close link with the activity we carry out. We have discovered that the problem of the violation of rights is not only due to discrimination, but also due to the lack of knowledge of the rights that individuals may have, as an institution we do not impose on anyone what the methods and styles of work are like, what we do is persuade, teach the rights that all people have."
Trans identities are very new for some parts, mainly for the east and center of the country, due to a strong attachment to customs. You can refer to this person with the name as socially he identifies, it is also allowed to dress according to the gender identity with which he perceives himself, regardless of whether in the registrations for formalities they have his legal name.
Family Code referendum results
"Anyone who feels that at any time their right may be violated because of sexual orientation, gender identity or being in a situation of violence can contact them through 7830 2932 or 7838 2528, for legal advice. Also electronically through email soj.cenesex.cu we will receive complaints and requests, analyze them as a team and indicate the methodology according to what the law establishes," says the legal advisor of Cenesex.
Article 42 of the Constitution of the Republic of Cuba prohibits all forms of discrimination and guarantees equality before the law, without distinction of any kind based on gender identity, sexual orientation or any other condition that violates human dignity.
In addition, Article 47 recognizes the right to the free development of personality, as well as to image and voice, essential pillars for each person to be able to express himself or herself freely and respectfully. Only in this way, by ensuring these rights in everyday life, will we be able to build a society where stories like Mariana's are a thing of the past and diversity is celebrated.
Translated by Walter Lippmann
English: https://groups.io/g/cubanews/topic/114045590
Spanish: https://www.ahora.cu/en/punto-de-mira/24103-del-codigo-al-respeto
