CUBA: Proposed Reform Would Give Gay Couples Equal Rights

[Mika]

CUBA: Proposed Reform Would Give Gay Couples Equal Rights
http://www.ipsnews.net/news.asp?idnews=38196

Cuba could become the first Caribbean island nation to recognise the civil and inheritance rights of gay and lesbian couples, if a proposed reform of the Family Code is approved.

"I can't guarantee that it will reach parliament this year," said sexologist Mariela Castro, director of the governmental National Centre for Sex Education (CENESEX). "That is our hope, but it does not depend on us, and of course, it is facing a great deal of resistance," she told IPS.

Opponents of the measure set forth arguments like "Cuban society is not prepared" or "this is not the right time."

Castro, meanwhile, recognises that "laws by themselves are not sufficient to bring about real change," although they are indispensable for the design of public policies.

Drawn up by the non-governmental Federation of Cuban Women (FMC) with support from CENESEX, the draft reform of the Family Code has been presented to the Political Bureau, the highest body of the ruling Communist Party. "We are waiting for approval in order to introduce it to parliament as a draft law," said Castro.

The proposal would give homosexual couples the same civil and inheritance rights as heterosexual couples. However, it does not mention gay marriage, because a change of that magnitude would require a lengthy process of reforming the constitution, which was last amended in 1992.

"That proposal will be made when the time is ripe. For now, it is sufficient to reform the Family Code, which is recognised as a branch of Cuban law," said Castro, who is the niece of Raúl Castro, acting president while his brother Fidel convalesces from a series of intestinal operations.

Article 36 of the Cuban constitution rules out the possibility of homosexual marriage by establishing that "marriage is the voluntary union between a man and a woman."


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But experts say that the 1997 reform of the penal code "purged" all homophobic measures from Cuban legislation.

The Family Code, which was originally approved in 1975 and submitted to a review process by the FMC since about 15 years ago, would now stipulate that the family has the responsibility and duty to accept and care for all of its members, regardless of their gender identity or sexual orientation.

If the initiative is approved, gay and lesbian couples would enjoy the same civil, patrimonial, inheritance, housing and adoption rights as heterosexual couples.

Norma Guillart, an expert involved in the work of a group of lesbians in CENESEX, told IPS that the reform would also recognise the right of any woman to assisted reproduction services, which are currently limited to married couples.

Mentioning major advances that have been made, Castro said that even though the proposed reform has not yet been introduced to parliament, CENESEX has already begun to work with the Public Health Ministry to help three lesbian couples gain access to assisted reproduction services.

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The FMC-CENESEX proposal would reform several laws, and would be somewhat complementary to the national strategy to address the needs of transvestites, transsexuals and trans-gender persons, promoted by CENESEX since late 2004.

The strategy, "which is already being put into effect," as Castro revealed to IPS, has helped to get transvestites and transsexuals accepted into secondary school or institutions of higher learning and has involved awareness-raising efforts among the police.

In addition, gender reassignment operations will begin to be carried out. Only one such surgery was performed in Cuba, in 1989.

"Nearly everything is ready," said Castro. "An internal Public Health Ministry regulation has authorised the performance of this surgery by the specialised health services, and work has been carried out in training staff and acquiring technology, medical supplies and prosthetics."

The operations may begin this year, she said. The applicants are among a group of 24 transsexuals who have received support from CENESEX since 1979 and who in many cases have already had their names changed on their identity documents. Around 40 other cases are also being studied.

[rudeboy666]

1. "marriage is the voluntary union between a man and a woman."

Interesting constitutional law.