The new Family Code reaffirms its inclusive character and also protects the rights of people with disabilities.
This was stated by several Cuban experts during a Round Table broadcast in which the news in this regard was presented in the text whose popular consultation ends today.
Caridad Valdés Díaz, Doctor of Science, Professor at the Faculty of Law at the University of Havana, pointed out that a family code should seek to be inclusive and to comply with the mandate of the Constitution, which is considered the supreme value of recognizing all rights, Human dignity, necessary change.
The International Convention on the Rights of Persons with Disabilities, to which Cuba is a party, states that all people can exercise their rights, that their desires and preferences are respected and that their capacity to act in any kind of legal transaction is not restricted, said.
However, “as in the applicable regulations, this is not possible without restrictions, as these causes lead to restrictions in the performance of the service”.
As an example, he pointed out that when a person with a mental illness goes before a notary and they believe they do not have sufficient skills to understand the scope of the acts they are required to perform, they abstain and then the person cannot act.
However, if the situation is more serious, the court will determine that the person is incapacitated and needs a representative. This means that a guardian is appointed who, based on a medical model, assesses the person’s situation and informs the court.
Depending on the decision, this guardian takes the place of the will of the person who has the right but cannot exercise it per se, said Valdés Díaz.
With the changes contained in the new Family Code, the expert assured, people with motor, sensory or mental disabilities should have the opportunity to exercise their rights like everyone else with absolutely equal rights.
In this sense, he considered it necessary to make appropriate adjustments so that these people can exercise their rights and also provide them with personal, institutional and technological support.
The establishment of supports and safeguards for the guardianship is also of importance. “The basis on which (in the current code) the establishment of guardianship is based is that the person must first be declared incapacitated and from there the court appoints the guardian.”
Instead, the new code states: “Assistance can be determined by the person who is in a situation of disability. That’s something very important, because it’s an implicit recognition of her attitude to being the protagonist of her own life and determining who is the person who can best support her,” he said.
Valdés Díaz specified that “support” is the one in charge of allowing the reasonable adjustments necessary for the person with a disability to exercise their rights.
“There are cases where the situation that that person is in suggests that representation is needed and that the support is more intense because it includes powers of representation,” he said, adding that the feelings and preferences of the Person in a situation Disabilities are very important elements.
Regarding protection, he explained that these are measures taken so that the person serving as support does not exceed the limits of their actions and respects the preferences and rights of people with disabilities.
“Unfortunately, we know that while it is not the norm, there are instances where we can be wrong and appoint a person as a support who does not contribute to the exercise of rights and this needs to be monitored.”
The professor of civil law at the University of Havana, Leonardo Pérez Gallardo, who is one of the drafters of the new code, considered that the benefit for people with disabilities was one of the central issues in the family code, which is why a reform of the civil code was needed required to include figures such as supports, fuses, and appropriate adjustments.
All this would make it possible to exercise the rights of these people in the socio-family environment, he said.
He also said that the Code’s principles and values establish respect for the wishes and preferences of people with disabilities.
The disability situation can lead to social and economic vulnerability, stressed Pérez Gallardo and warned that this should not be a limitation on the exercise of the right to marry.
“The notary will need to check that when people come before him, the supports do not affect or distort the substance of the will at the time of the act.”
It also found that there were no obstacles to the exercise of a divorce suit.
Geudis Vega Pérez, head of the international relations and legal department of the National Association of the Blind of Cuba (ANCI), said that in society, terms like “disabled” or “disabled” are often used in relation to people with disabilities.
In this regard, he insisted that people with disabilities have rights, so it would be correct to use two terms: “One is ‘people with disabilities’ and the other is ‘people with disabilities’, which is what the Constitution calls it.
Vega Pérez assured that the ANCI was able to present proposals for the drafting of the new Family Code and, in collaboration with the members of the commission charged with drafting the text, concerns had been raised and doubts clarified.
As a result of these exchanges, he clarified that Article 433 was included, which relates to the right to rehabilitation and rehabilitation and the involvement of families in it.
The expert noted that support for people with disabilities starts in the family and extends to the school environment, involving classmates and teachers. “The range of support is expanding within the education system, including in the workplace, although some barriers still need to be broken down in the latter.”
In addition to the concept of “support”, he commented that the code contained the concept of “reasonable accommodation”.
Regarding the latter, he explained that it allows, for example, people with visual impairments to access the use of technology.
Valdés Díaz, Doctor of Science, reiterated the importance of making it easier for people with disabilities to exercise their rights, which is very sensitive and must be marked by love.
Meanwhile, Professor Leonardo Pérez Gallardo concluded that there is a clear interest in promoting the inclusion of people with disabilities in the Family Code.
PRECISIONS
The Family Law states that:
- People with disabilities have the right to a decent family life and to participate in society and society. Society and the state, through their authorities and institutions, provide the support system, adequate protection, education and necessary guidance that will enable them to develop their abilities and aptitudes to the maximum. (Article 430)
- Persons with disabilities have the right, freely and responsibly, to decide on the number, manner of birth of their offspring and the time that must elapse between one birth and the next, and it is the family’s responsibility to cooperate guide and duly inform about the exercise of his right. They also have the right, if they are children or adolescents, to access age-appropriate information on sex education and family planning issues and to be offered the necessary means to exercise this right. (Article 434)
- The families of people with disabilities who are detained in specialized centers are obliged to communicate with them systematically throughout their detention and provide them with emotional support. (Article 437)
