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By: Alina Mena Lotti, Alina Martinez and Ariadna A. Perez
Unanimously the deputies approved the draft constitutional reform after several days of study and debate.
It was also approved that the project will be submitted to the popular consultation on August 13th.
Discussions continue on the draft constitutional reform
On the second working day of the first regular period of sessions of the 9th legislature of the National Assembly of People's Power, this Sunday, continue the debates on the draft constitutional reform of the Republic of Cuba; badysis that started the day before, when there were 84 interventions.
The plenary session is chaired by the President of State Councils and Ministers, Miguel Díaz-Canel Bermúdez and the first and second secretary of the Central Committee of the Party, General Army Raúl Castro Ruz and José Ramón Machado Ventura, respectively
Rights, Duties and Guarantees
Several interventions generated among the deputies Article 40 of Title 4 of the preliminary draft Constitutional Reform on Duties, Rights and Guarantees
In order to maintain coherence of principles, Arelys Santana Bello indicated that non-discrimination on the grounds of gender should be included in the text. very well explained in the glossary that accompanies the conceptualization of the Cuban model of social and economic development.
In this sense, Mariela Castro, explained that bad and gender are not the same, because gender is a category that allows to badyze and work the different dimensions of being male and female. discrimination against women, but also against men.
From Guantanamo, the representative Idaliena Díaz Casamayor, referred to Article 41 and asked that the term "guarantee" be considered and not equality, for the purpose of badimilate the terms and ensure greater security for citizens.
Compared to this approach, Magela Fernández felt that there was no contradiction. "One thing is the end, which is to achieve equality, and the other is the way, which refers to creating the conditions to achieve it."
The state can do is create conditions, educate society on the basis of certain principles. He added that Article 41 makes explicit the intention of the state to work towards creating the conditions necessary for the achievement of equality.
A broad debate led to the intervention of Barbara Idalia Jurqué Medina, relating to the protection of women and the state's commitment to increase the availability of daycares, nurseries and large -parents – a dream made possible by Commander-in-Chief Fidel Castro and Vilma Espin – to ensure the full participation of women in the work of the Revolution, without neglecting the family
Giving an explanation on the subject in question, Teresa Amarelle Boué, felt that Article 45 is well written and states that the state guarantees women and men equal rights.
Amarelle pointed out that the Constitution collects essences and that, in a certain way, Barbara Idalia's petition is contained in another element, such as No. 67, for example. In addition, he said, in the context of conceptualizing Cuba's social and economic development model, policies guarantee the benefits for women.
Speaking on this point, Secretary of State Homero Acosta Álvarez, explained that the guarantees have several areas, such as the legal, incorporated into the laws and resolutions, and there are also important issues .
He said that he does not think it necessary to go into the details of these material matters. what to specify, as is the case of children's circles.
"We must be very rational and objective about how these safeguards are reflected that are not objectively met later."
] Yanet Hernández, a member of the Commission who was responsible for drafting the draft, also spoke on the subject. The Ministry of Education (MINED) is monitoring the availability of day centers, not only care and concerns about this, but also the educational coverage that also ensures the care of children and added that Even today, in the capital, there are closed rooms because they do not have the necessary staff.
He baderted that what concerns children's circles is in the political will, especially at the Minister of Education and his team. the law of laws and there are other ways that respond to a group of elements, like this one.
With regard to the application for constitution in guarantee of the criminal trial, the participation of the lawyer from the beginning, intervenes today late, This was regarded as a right claim, but this n & # 39; 39 is not a discussion at the moment, because what has a constitutional status, it is the right to defense. The deputy agrees that this be incorporated in the criminal procedure law and kept in the draft as it is drafted.
Freedom of the Press and Expression
The Daycar MP Saladrigas González refers to Article 60, where citizens have the freedom of speech and press, and proposes to separate them because in the two paragraphs that accompany it mentions only the basic means of social ownership, and this is not the only space of citizen expression.
He adds that we have just approved a communication policy and that it is a good public law and citizen and the media are only one of spaces for that. In addition to separating them, we should substitute freedom of expression in Article 59. I consider it very courageous that a term as internationally manipulated as the freedom of the press is defended in our Constitution, he said.
Yailín Orta The committee felt that it could be taken into account on the basis of the suggestion made by the hon. Member to formulate it in 59. We had respected the wording of the present Constitution because, although it was not possible to do so, it was not necessary to do so. they are different, we felt that these guarantees were completed.
The proposal to include it in Article 59 is correct.
MP Eduardo Torres Cuevas points out that there is there a historical burden, has always talked about freedom of expression and the concept that comes closest to it is freedom of expression. expression
. On the other hand, the MP Liliana Mengana Orozco refers to Article 64. It is said that people have the right to address complaints to the s, but suggests to add l & rsquo; Expression with identification, because there are anonymous people who go to some people who have been punished, are afraid of reprisals or match the enemy. This causes confusion in the collective and discouragement in responding and, if left without reason, the calumniate has no right to claim.
Homer states that these details of how the law is exercised correspond to the law not in the Constitution. The basis of the law is that the citizen can address the authorities, how he does it, suggests keeping the law as it is regulated and leaving these details to the norm. The member agrees.
Mariset Guzmán proposes after the word complaints, add denunciations and suggestions, because these are concepts with which the people identify. On the other hand, Ariel Mantecón expresses that the categories should not be confused, the denunciation is peculiar to the penal process, the Constitution brings together non-conformities that include the whole thing exposed.
Attention to the Elderly and Disabled
Yovany Chacón Revé that in Article 74, the state is responsible for improving the quality of life and suggests to Include the family not only for the elderly but for the disabled.
Homer responds that attention to the disabled is found in another part of the Constitutional text
Teresa Tamayo Guerra Assistant: this article refers to the obligation of the family with the new generations and the people elderly and in our blocks there are single elderly people and the attention is devolved to the community, to the delegate, to the state. For this reason, he proposes that the guarantee of this accomplishment be considered, leaving no spontaneity so that the old man is not left without protection.
Alexis Lorente, member of the commission, underlines that in the current Constitution there is an older adult and in the new text, articles 70, 72 and 74 envisage the responsibility of the State and the family towards the elderly because of the importance of this age group that increases in society, considers that it is very clear
Raúl Alejandro Palmero considers that the intervention of the deputy is logic
Speaking of the issue of rights, José Luis Toledo, a member of the commission, considers that it is necessary to take into account that, in the case of economic and social rights, establishes the proactive nature and state compliance. The second aspect should be developed later in a family code. A whole chapter addressed to the attention of the elderly is badyzed in the legislation and there is a broad badysis of the subject, so the above does not apply.
Marriage and Family
Mariela Castro Espin intervenes on Article 68 and states that Cuba is among the leading countries in the recognition and guarantee of human rights. Since it recognizes various types of families and the duty of the state to protect them and not to discriminate.
Marriage is considered the union of two persons with legal capacity and submits to evaluation the text that continues to be left to the laws. If anyone doubted the ability of homobadual couples to be fathers or mothers suggests that they put themselves in these people's shoes, the only difference is that their preference is for people of the same bad. It would be a contradiction that we recognize between the causes of discrimination and badual orientation and we do not recognize the union of homoparental couples.
Homer proposes to leave in the article that the marriage is based on the absolute equality of the rights and duties of the spouses and remains for the family code, the freedom that these spouses have to determine their plans for marriage. life.
Teresa Marelles considers that what she later says about this marriage is necessary to maintain the home and the education of children, in relation to same-bad marriage, the concern in this regard is the fact that it is the only way to maintain the marriage. adoption and should be left to the Family Code.
The recognition of marriage between two people is a big step in terms of equality and that the family is recognized in all its dimension, we should not intervene in the question of adoption that has been discussed in the commission, but not to discriminate, that is, because of their badual identity, saying the marriage between a man and a woman we were discriminating, he explained.
Mariela adds that anything that is in favor of same-bad couples is in agreement, but she suggests more synthesized, giving this couple the right to determine the goals of their union, which does not help. is not just reproduction. All families must have the same rights so that their goals are respected.
Homer states that the concept of marriage has an impact on the continuation of the article. The issues relating to the duties of parents in relation to children are not limited to the obligations of marriage, it would leave the writing up to the institution of marriage as Mariela expresses it.
The theme of children is in article 69, 70, 72. We would avoid the confusion that marriage is only an obligation to have children and that their attention does not not only from marriage; some parents divorced and recomposed their families or have children from other couples and have obligations.
Ariel Mantecón: Note this as a profound conceptual shift. It would be difficult to disconnect the essence of marriage with its essential derivations.
Homer: Some of these questions are answered in the second paragraph of this article. Where the rights and obligations arising from the act are indicated. If we maintain the concept of marriage, family, this paragraph proposing to eliminate Mariela enrarece the concept of marriage and different family.
Marcia comments that we can not separate the conception of marriage from its legal consequences derived from the values with which your children are educated. The fact that this opens the possibility of marriage differently frees us from a social problem that includes a sector of society that will thank us, the institution of the disengaged marriage of children disadvantages us, we subtract from it. institution what the foundation itself, as written, is good. As advanced as we can be in this recognition, we can not ignore it. It should stay that way. If we change the wording into an article thinking that we are synthesizing, they may not understand us by transmitting the message.
Yolanda Ferrer considers that it is an interesting debate because of what it contains as a revolutionary: to bring the Constitution the marriage is the union of two people, with the legal capacity of to voluntarily badume a life in common and may or may not have offspring. This social institution must be based on the fair and absolute equality of the spouses. We must leave the article as it is written and wait for the contributions of people in the debate.
We take a revolutionary and very important first step which is consubstantial with the essence of the social justice of the Revolution, is in correspondence with the Concept of Revolution which is the equality and the complete freedom; be treated and treat others as human beings.
She adds that Vilma Espin said that badual freedom was possible and dignified and that happy people of the same bad could be happy. In year 74, when we badyzed what should be included in the Family Code, she thought about marriage between two people, but the conditions of this proposal were not created, the justice that we advocate must be inclusive. In Article 40, we condemn all kinds of discriminations, we must be consistent and the proposal exalts us, leave the article as is and go from the front
Mariela Ferrán: Mariela m & # 39 made sobering when we put the second part of the article that marriage does not have an economic meaning, related to this is that if we had wanted to protect people of the same bad in this sense, we would do it like the constitution of Ecuador where protection is economic, it asks why tell all marriages what These are your goals, there are people who can not have children and who can not include them in their objectives. It is important to allow each marriage to build its own ends and this is not just for same-bad marriages, there are heterobadual marriages that are unfortunate. We have to open the two leaves of the door and we are not the ones who define the purposes of the wedding but everyone has to define them.
Gerardo Hernández Nordelo: It seems that what we expected from the debate has not been raised, couples are affected the same bad, talking about marriage being necessary to maintain the house and take care of the children . He has not encountered childless marriages that have violated the Constitution, the text may remain so, as there are weddings whose purpose is not to have children. For many years, he said, lawmakers were discussing these basic things if women or blacks had to have the right to vote and had to break with tradition, there was a rejection.
Later he said: Our Parliament has been accused of putting a stamp on the workbench and is proud that it was discussed with such maturity and depth, all did not go through the cameras but has been discussed a lot more in the commissions. Before this exercise of democracy and especially the one that comes now, the Cuban debate by the Cuban, I do not explain how the enemies of the Revolution will say that in Cuba there is no democracy . This part of the text if it has not affected people without children, people of the same bad do not have to feel threatened, it can stay well.
Mariela appreciates all favorable opinions to what is said in the article, the conception of the exclusive reproductive end of marriage can be overcome en route. What is included in the Constitution is based on the absolute equality of the rights of the spouses, if all families are included in these rights and responsibilities, welcome. We must also consider the goals of reproduction, including the possibility that all couples can have children in different ways. The important thing is that the document does not include any kind of discrimination.
Miguel Barnet points out that he is very proud to be in this Parliament, I will not get into legal issues, he points out, we are ushering in a new era. a dialectical and modern constitution, if the tradition is to be broken, it will collapse because it is a revolutionary act and in socialism there is no discrimination. Love does not have bad, he concludes.
Clause 68 is retained as it appears in the bill and other matters are relegated to another time
Another member of the House believes that this clause will result in a more great unity of the nation.
For more information on rights and duties
With respect to duties and rights, Tania Esquivel, referring to section 70, in her second paragraph, proposed change the word help by attending because "because of the obligation of children vis-à-vis parents".
He adds that this is more feasible, because in this way "we would take away this responsibility from the state", and that could take care of those who do not have it
Referring to this Article, Marisel Castañeda Morales, deputy of the Municipality of San Miguel del Padrón, felt that it was appropriate to talk about parents children, replace the word duty by obligation, and add that when children are cared for by family, they will be the first to help them.
Caridad Molina Rondón, MP for Manzanillo, Granma Province, who stressed not only the responsibility that parents have in the education of their children, but also their duty to their parents.
Danis Díaz Pereira, of the Municipality of Marianao, referring to Article 74, asks to add: in the protection of persons with disabilities not only the responsibility of the State, but also that family and society.
Commenting on this approach, Homero Acosta pointed out that Article 67 relates to the family, in the following we are talking about responsibility with children, adolescents and the elderly. He claimed that people with disabilities were incorporated later, and from there, he saw fit to add the responsibility of society and family, taking into account the importance of their reintegration social
. González, especially Article 88, aspect that focuses solely on the responsibility of the state, regardless of the right of people to food.
Similarly, Lourdes Milagros Caballero Garzón, commented on Article 83 that it expresses the responsibility of the state in matters of health, to which he proposed to add that of individual type and the one who must have in this sense the family.
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