The 1976 Constitution of Cuba, along with constitutional amendments made in 1992, upholds the principle of equality between men and women and discrimination is formally prohibited. The Penal Code stipulates that infringements of “the right to equality” are punishable by imprisonment (according to Article 295 of the Criminal Code).
However, Cuban women are the main victims of poverty and social exclusion in the country. They not only suffer from gender bias in public policies, but also from the weight of tradition, which imposes particular tasks on women. Male chauvinism is still very prevalent.
The 1975 Family Code provides women with the same rights and duties as men, but in practice women in Cuba are not sufficiently protected in regard to family matters. The legal minimum age of marriage is 18 for both men and women. In exceptional circumstances, and for “justified reasons”, women can be authorised to marry at 14 years and men at 16 years. As a result, the incidence of early marriage is very high. A 2004 United Nations report estimated that 29 per cent of women between 15 and 19 years of age were married, divorced or widowed.
Polygamy is prohibited by a statutory decree passed in 1997. There is no evidence that it is practised in the country.
Parental authority is exercised jointly by both parents, but the division of household chores based on traditional gender roles remains a reality. If divorcing parents cannot reach agreement, the courts award custody based on the best interests of the child. In most cases, children stay with their mother.
There is no discrimination in regard inheritance and widows have the same rights as other descendants. The Penal Code abolished the usufruct quota for widows. Widows cannot be disinherited: where the deceased has expressed such a wish, it is only taken into account for half of the estate, with the remainder passing to the legal heirs. If there are no other descendants, all of the property passes to the widow.
Further progress is needed to protect the physical integrity of Cuban women. Effective legislation to address violence against women is lacking and there is no specific legislation to punish the perpetrators of domestic violence, which is handled under general criminal law. A statutory decree passed in 1999 stipulates that the existence of a family relationship between the offender and victim is an aggravating factor. Few women bring complaints, although a 2006 report by the Committee on the Elimination of Discrimination against Women (CEDAW) indicates that the authorities have seen an increase in the number of cases of violence against women. Rape is punished by a prison sentence of 4 to 10 years, and 15 years in the case of a repeated offence. Rapists are liable to capital punishment if the victim is a child under the age of 12. Generally, the courts properly apply the law.
Female genital mutilation is not practised in Cuba.
There is no indication that Cuba is a country of concern in relation to missing women.
Cuban women have the same ownership rights as men. There was no gender discrimination when land was redistributed in 1959, but in practice few women obtained land. The number of women with access to land is increasing through inheritance.
Women have the same legal capacity as men and there is no legal discrimination in regard to access to property other than land. Spouses must obtain their partner’s consent if they wish to acquire, administer or transfer jointly owned property, and this applies to both men and women. Individual property acquired before or during the marriage can be freely used by one spouse without needing to seek agreement from the other.
There is no legal discrimination in respect to access to bank loans, but in practice women’s access is more restricted than men’s.
Cuba guarantees civil liberties for women and does not appear to restrict freedom of movement or freedom of dress.
CEDAW (Committee on the Elimination of Discrimination against Women) (2006), Consideration of Reports Submitted by States Parties Under Article 18 of the Convention on the Elimination of All Forms of Discrimination against Women: Cuba, Combined Fifth and Sixth Periodic Reports of States Parties, CEDAW/C/CUB/5-6, CEDAW, New York, NY.
CEDAW (2006), Concluding Comments of the Committee on the Elimination of Discrimination against Women: Cuba, CEDAW/C/CUB/CO/6, CEDAW, New York, NY.
FAO (Food and Agriculture Organization), IFAD (International Fund for Agricultural Development), ILC (International Land Coalition) (2004), Rural Women’s Access to Land and Property in Selected Countries: Progress Towards Achieving the Aims of the Convention on the Elimination of All Forms of Discrimination against Women, FAO Gender and Population Division, IFAD Technical Advisory Division, and ILC, Rome.
UN (United Nations) (2004), World Fertility Report 2003, UN Department of Economic and Social Affairs, Population Division, New York, NY.
