Version 22 of the preliminary draft of the Family Code was published day. The text, consistent with the Constitution of the Republic, develops the various legal-family institutions in correspondence with the humanistic character of the revolutionary process, the results of the science of Family Law, judicial practice in Cuba and advances in legislation from other countries.

To expand on the fundamental elements contained in the proposal and its analysis process, the Minister of Justice, participants in the process of drafting the preliminary draft of the Family Code and experts participate in the Round Table.

The Minister of Justice, Oscar Manuel Silvera Martínez, began his speech on television, highlighting that the preparation of this document has been an intense process.

He recalled that the Constitution of the Republic, approved by the vast majority of the people by popular referendum and proclaimed on April 10, 2019, established in its eleventh transitory provision that “the new Family Code would be the result of a broad popular consultation and of a referendum ”to be convened in due course by the National Assembly of People’s Power.

Why is a new family law necessary? It is necessary, Silvera Martínez stressed, to comply with and develop the principles and rights of the political and legal system endorsed in the Constitution. In addition, “because we have to bring a legal norm and make patent and comply with those principles of human dignity and equality, inherent to our society.”

Also, he continued, “to provide all the importance that derives in our country from the family institution as a fundamental cell of society and its unique role in the transmission between generations of traditions, values and affection.”

He recalled that the current Family Code has been in force since 1975 and there is consensus that it constituted a milestone and a paradigm for the promotion of ethical and moral values of the Cuban family.

“One cannot lose sight of the moment in which it was carried out, a fairly initial moment of the revolutionary process, in which ruptures of certain traditional and class canons that prevailed as part of the inheriting society and which also transformed the revolutionary process had to be caused”.

The minister argued that, with more than 46 years of promulgation, this Code, due to the new dynamics established by the Constitution and due to the development of society itself, was no longer consistent, among other orders, with the diversity of family types that exist today in Cuban society.

“It is unavoidable to provide it with legislation that, in terms of family rights, resembles the current society and perspective of our country, which also seeks mechanisms for harmonious conflict resolution, quick and not bureaucratized.”

The Minister stressed that there is a group of solid arguments that justify the need for a new Family Code.

Referring to the preparation of the document, which had 22 versions, he commented that as a working mechanism it is sought to control each of the versions that are being drafted, because they are the result in themselves of consultation, conciliation and consensus processes.

“Since July 16, 2019, since the promulgation of the Constitution, this working group is constituted, which, coordinated by the Ministry of Justice, was made up of recognized experts in these matters and by a group of important institutions in the country, closely linked to family law issues, such as the People’s Supreme Court, the Attorney General’s Office, the Ministry of Public Health and Foreign Relations, the National Organization of Collective Law Firms, the National Union of Jurists of Cuba, the Federation of Cuban Women, the National Center of Sexual Studies (Cenesex), the Law School of the University of Havana (UH), the National Office of Statistics and Information (ONEI)”.

That working group prepared 20 versions of the draft, specified and recalled that on March 22 of the current year the Council of State approved the commission in charge of the project, which will be presented to Parliament, by agreement 149.

“A commission made up of deputies, representatives of institutions and social and mass organizations.”

At that time, he continued, the draft went beyond the limits of the temporary work group and reached another group of people with other knowledges. “We are already facing an improved and more consensual version, which has been the result of intense and contributed days of studies and work with the commission.”

The minister said that version 22 published this Wednesday by the website of the Ministry of Justice appeared from there, and that it includes “a glossary of terms that is important for our people to know.”

This publication is part of a specialized consultation process, “chronologically speaking, the work carried out by the working group and by the commission in charge, will now be strengthened with the criteria and consensus of a group of institutions, scientific societies, social organizations that will nurture the draft of the best formulas and ways of expressing and specifying ”.

This process will begin in the next few hours, said the minister and pointed out that consultation and conciliation have already been carried out with certain institutions. “It is a specialized consultation because it is about providing other elements and tools to the draft before finally presenting it to the National Assembly for the established legislative processes.”

This publication, he clarified, is not the popular consultation that the National Assembly will have at the time, and whose more specific information will be organized, chaired and captured by the National Electoral Council.

“We are publicizing this draft because it is useful and necessary. He is giving us criteria and opinions, so that our people can also study it ”.

It is a voluminous legal norm (it contains 483 articles), on which the people will be able to express their opinion and send their opinion by e-mail families@minjus.gov.cu.

The minister stressed the importance of the people studying this document and strengthening their criteria on “a transcendent and necessary norm based on dignity and equality.”

“It is designed to protect all the rights of all people. It is a legal norm that has many legal variants to protect and regulate all the variables that occur in the lives of the people and families of our country. It is an important element that transcends all the institutions of family law and that, on that basis, we will be deploying an intense training, communication and exchange work ”.