Cuba is set to hold a popular referendum on its new Family Code, which changes the concept of the family nucleus and expands women’s rights and LGBTQ+ rights. This Sunday, on September 18, Cuban citizens living abroad, and next Sunday, on September 25, citizens in Cuba will vote to decide whether to “approve” or “reject” a new progressive Family Code, which has been drafted in consultation with the general public.
This referendum is an unprecedented democratic exercise in Cuba, since for the first time in the country’s history, a referendum on a code is being held. Until now only constitutional referendums have been held in the country. Additionally, it is a pioneering event in the world, as Cuba has become the first country in the world to have submitted a Family Code to popular consultation and referendum. The new Family Code is also considered to be the most inclusive and progressive code in the world.
The new code guarantees the right of all people to form a family without discrimination, legalizing same sex marriage and allowing such couples to adopt children. It allows for parental rights to be shared among extended and non-traditional family structures that could include grandparents, step parents and surrogate mothers. It also adds novelties such as prenuptial agreements and assisted reproduction.
It boosts women’s rights, promoting equal sharing of domestic responsibilities and extending labor 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. It codifies domestic violence penalties, and 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.