Tuesday, January 05, 2021

The Revolution's Work is the Main Guarantee for Human Rights in Cuba

Cuba’s achievements, which could be an illusion for other countries worldwide, have been attained despite decades of US blockade, a genocidal act and a flagrant, massive and systematic violation of the human rights of our people. These achievements are the result of the political will of the government and the active endurance of all these years of blockade by the people

Author: Granma | internet@granma.cu

December 30, 2020 19:12:12

Cuba’s achievements, which could be an illusion for other countries worldwide, have been attained despite decades of US blockade, a genocidal act and a flagrant, massive and systematic violation of the human rights of our people. These achievements are the result of the political will of the government and the active endurance of all these years of blockade by the people.

PARTICIPATING IN PUBLIC AFFAIRS

Cuban laws outline the mechanisms and ways in which popular participation in public affairs is made effective.

All citizens have equal opportunities of access to the highest public positions, based on their abilities and merits, not based on their economic or financial capacity.

Mechanisms such as accountability meetings are effective ways to promote the population’s active participation in controlling the government’s management and the work of the elected representatives.

ATTENTION TO THE CITIZENRY

The rights to complaint and petition have a higher priority in the legal system, and are complemented by the right of citizens to receive attention or answers from the authorities, within an appropriate timeframe and in accordance with the law.

The mechanisms used to attend citizens, channel their concerns, complaints or demands, and to offer advice in protecting their rights, were improved and enhanced.

ACCESS TO JUSTICE

Accessible, efficient, transparent, and law-abiding system of justice administration.

Humanism, the respect for due process, for guarantees and for human rights, the quality improvement and agility in the procedure to achieve just decisions, to avoid impunity and judicial mistakes are fundamental principles adopted by Cuban judges.

RULE OF LAW AND CONTROL OF LEGALITY

Cuba is a socialist law state where the law prevails. Complying strictly with socialist legality is an obligation of everyone.

The legality principle is comprehensively protected. The rights and responsibilities of citizens, the powers and obligations of the State, and the functioning of the state and government system are all enshrined in legislative norms.

Law enforcement authorities proceed with rigorous compliance with the law.

SEXUAL AND REPRODUCTIVE HEALTH

Women have the right for a free and responsible decision on fertility, number of children and when to have them, and abortion. The latter one is carried out in Health institutions, completely free of charge and staffed by highly qualified professionals, always respecting the woman’s consent.

We offer family planning services from the primary health care level and specialized gynecological services for teenagers.

CAMPAIGN AGAINST IMPUNITY

The procedures, functions, obligation, and rules of conduct by which authorities or their officials must perform their duties, are provided, and enacted by law.

The legislation establishes the resources, means and procedures for protecting individuals from infringements incurred by authorities or their officials while exercising their duties, for rectifying such infringements and for demanding responsibility, including criminal responsibility, to whomever it may correspond.

There is no margin for impunity.

RIGHTS OF GIRLS, BOYS AND ADOLESCENTS

Protecting children and adolescents is a first-order task based on the Convention on the Rights of the Child’s postulates.

There are no children or adolescents forced to work, nor children abandoned without protection. Physical abuse is not allowed, nor is it tolerated.

The protection of children and adolescents is implemented by public policies, social programs, and community projects of great impact.

PROTECTION OF YOUTH

Youth care is developed by means of universal and free public policies and social programs.

Youth policies are characterized by a comprehensive approach and by the social equity promotion, with young people’s high participation and decision-making capacity in the political, economic, social, and cultural fields.

Priority has been given to the employment sector, focusing on developing the skills needed for young people who begin their professional life and enhance their potential.

PROTECTION OF THE ELDERLY

The new Constitution strengthened the recognition and protection the elderly’s rights, based on the principle of co-responsibility.

There are 293 senior citizen centers, with capacity for 10,023, and 155 nursing home, with 12,346 beds and 3,400 places for day care.

More than 300 doctors are specialized in Geriatrics and Gerontology.

RIGHTS OF PEOPLE WITH DISABILITIES

The protection and care of this population group is fully in accordance with the Convention on the Rights of Persons with Disabilities.

The new Constitution ratifies and strengthens the legal protection of the rights of people with disabilities.

Persons with disabilities have access to the National Education System, which is universal and free.

The employment policy prioritizes individuals with disabilities to access regular work.

LGBTIQ PEOPLE

The new Constitution strictly prohibits discrimination based on sexual orientation and gender identity. It also acknowledges the existence of different types of families.

Spaces for dialogue, analysis and reflection on these issues were extended, and with governmental support, activities to raise awareness and dissemination of this topic were diversified.

LABOR RIGHTS

The Constitution recognizes the right to work. Also, every person fit to work has the right to obtain a decent occupation, depending on personal preference, skills, abilities, and the economy’s and society’s demands.

Those employed individuals have the right to take a time off work, which is guaranteed by the eight-hour day, weekly rest and paid annual vacation.

The State guarantees the right to safety and health at the workplace.

RIGHT TO HEALTH

The State has the responsibility to guarantee access, cost-free status and quality of care, protection, and recovery services.

The National Health System is based on a unique model of provision of public service, free, which provides services to the 100% of the population in a comprehensive manner, without discrimination.

Cuba is, according to WHO, the best equipped nation in this sector having one doctor per every 122 inhabitants.

Life expectancy is 78,45 years as average.

FREEDOM OF OPINION, EXPRESSION AND PRESS

As in other countries, it is not possible to use the exercise of these rights to violate the law.

The material conditions for the exercise of these rights are also made easier by the fact that the essential means of social communication cannot be subject to private property, which ensures its sole use for the benefit of the people and the interests of the nation.

TRADE UNION FREEDOMS

Workers have the right to voluntarily associate and form labor organizations.

Cuban trade union organizations defend and represent the interests and rights of workers.

The trade union organizations’ leaders have the necessary guarantees in exercising their functions.

ACCESS TO INFORMATION

The Constitution establishes that all persons have the right to request and receive truthful, objective, and prompt information from the State, and to access information provided by State bodies and entities.

The country's efforts to continue advancing in the electronic government and the informatization of society constitute an additional guarantee to facilitate access to information.

RIGHT TO SECURITY AND ASSISTANCE

The Cuban State guarantees appropriate protection for workers, their families, and the population in general by means of the Social Security System, which includes a general system, a social security system, a social assistance system, as well as special systems.

More than 1 billion pesos was spent to cover the pandemic costs, including salary support to more than 100,000 parents who focused on their children’s care during the COVID-19 pandemic.

CUBAN POLITICAL SYSTEM

The existence of a single party in the Cuban system is the result of historical and contemporary factors. As opposed to other countries, the Communist Party of Cuba (PCC by its Spanish abbreviation) does not constitute an electoral party.

The political plurality of a country is not determined by the number of parties, but by the level of participation and real representation reached by the most diverse sectors of society in managing the most important issues.

CUBAN ELECTORAL SYSTEM

The vote is free, voluntary, and secret.

All citizens have the right to choose and be chosen.

The members’ mandates of the representative organizations of the state power are eligible, renewable, and revocable.

Periodic elections are held, having a high level of popular participation.

RACIAL DISCRIMINATION

Discrimination on the race and skin color is prohibited.

There is no racial segregation or racial patterns in law enforcement institutions.

The fight against any forms of racial discrimination and its elimination is a permanent objective.

CULTURAL RIGHTS AND ACCESS TO ART AND CULTURE

Cultural rights in Cuba are widely protected. Art and culture are encouraged and promoted for all persons, without discrimination.

The cultural institutions system is extended, with the aim of bringing cultural services closer to the average citizen, and to encourage access to culture, the exercise of freedom in artistic production and the right of each person to enjoy art and culture.

Cuban cultural policy strongly supports artistic creativity.

ARTISTIC CREATION FREEDOM

No Cuban artist is pursued for his/her thoughts or expressions.

As in other countries, it is not possible to use the exercise of this right to violate the law.

Culture and freedom of artistic expression must not be manipulated to disguise foreign-financed and organized agendas.

FREEDOM OF RELIGION

Religious freedom is recognized, respected, and guaranteed.

Every person has the right to profess and practice religious beliefs or not.

Religious institutions freely nominate and position their consecrated staff.

WOMEN'S RIGHTS AND GENDER EQUALITY

The new Constitution establishes equal rights and responsibilities between women and men in the economic, political, cultural, labor, social, family, and other spheres.

In the People' s Power National Assembly, which is the highest authority of the State, 53,2 % of the deputies are women.

Women constitute 45,8% of the workforce in the state civil sector.

GUARANTEES OF DUE PROCESS

The regulations and limits of action by which the authorities must proceed in the detention, investigation, prosecution, and trial of a person are provided for and recognized by law.

No person may be detained unless in the circumstances, in the manner, and with the guarantees determined by law; nor accused or convicted but by a competent court by virtue of laws prior to the alleged crime.

There is a proceeding of habeas corpus, to challenge the legality of an arrest.

RIGHT TO EDUCATION

Education is a right of all people, and it constitutes a responsibility of the State, which guarantees free, affordable, and quality education services for comprehensive training, from early childhood to postgraduate university education.

We have a quality education system, with universal coverage, and free at all levels of education, which is accessible without discrimination.

About 21.5% of the current expenditures of the National Budget and more than 11% of the GDP is assigned to Education.

DEMOCRACY

Democracy in Cuba is not limited to election period. It is a continuous participation exercise, support, and active control of the population over the government.

The most recent example of democracy in Cuba is the new Constitution of the Republic, ratified in a popular referendum by the approval of 86,85% of the voters.

ARBITRARY DETENTIONS AND POLITICAL PRISONERS

In Cuba, there are no arbitrary detentions or political prisoners.

Detentions are carried out in accordance with criminal procedure, for committing crimes foreseen in our laws, and complying with the broad guarantees of due process.

It is unfortunate that common criminals are presented as “political prisoners” or “human rights defenders”.

PROTECTION IN THE PENAL SYSTEM

The Cuban Penal System guarantees impartial treatment and humane living conditions for persons imprisoned.

There are facilities, specialized staff, and resources to ensure quality health care.

There is no forced labor in correctional facilities. Those voluntarily incorporated into the workforce receive economic retribution.

FREEDOM OF ASSOCIATION

Active participation of civil society organizations is promoted.

Associations created under the law freely exercise their functions, elect their leaders and representatives, and carry out their activities without state intervention.

Translated by ESTI

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