The Cuban Parliament approved the Civil Registry Law this Friday, a comprehensive regulation that allows the change of gender identity upon personal request and modernizes the legal framework related to the identification and certification of events and acts regarding individuals' civil status.
This legislation, according to the regime, aims to update and "enhance" the work of the civil registry in the country.
The new Civil Registry Law introduces a catalogue of rights and duties for individuals, and among its most innovative elements, it incorporates gender changes and the change of gender identity.
The regulation also legislates on the freedom to choose one's own name –with restrictions to protect dignity, avoid errors or confusion, or its relation to recognized or patented brands–, as well as the change of name and surnames, and the agreement on the order of surnames. Furthermore, it includes the intersex condition of the person born.
According to Oscar Manuel Silvera Martínez, Minister of Justice, this law will "enhance" the work of the institution, which has 334 connected offices across the country and is the only function of the justice system that remains active in exceptional situations.
The bill establishes the guiding principles of the registration system as legality, legal certainty, immediacy, universality, the provision of free services, administrative efficiency, and the protection of personal data.
It also incorporates a gender perspective, attention to people in vulnerable situations, and respect for the progressive autonomy of children and adolescents, according to official media reports.
One of the most significant elements of the project is the functional reorganization of the civil registry system, which will be under the direct responsibility of the Ministry of Justice (Minjus) as the governing body, with a national, provincial, and municipal structure.
The Central Civil Registry will be established, which will feature a national digital database. The law provides for the gradual replacement of paper records with electronic ones, using certified digital signatures, and the implementation of a unique folio for each individual that consolidates registration acts in chronological order.
Digital channels for the correction and rectification of errors are also established.
Other relevant elements include the removal of instrumental witnesses in marriage acts and the inclusion of acts not directly linked to traditional civil status, such as cohabitation agreements and moderate to intense support.
"The civil registry is conceived as an essential and free public service and will have a unique automated system at the national level, which will facilitate the registration, consultation, and issuance of certifications of vital events such as birth, marriage, common-law partnership, divorce, death, adoption, correction of names or surnames, and gender identity change," states Cubadebate.
The Supreme People's Court will retain supervisory powers over registration acts with legal effects.
Despite the new "perspective" introduced, it contradicts the regime's past, which persecuted homosexual and transgender individuals, especially during Fidel Castro's era.
Despite the recent statements of inclusion, the Cuban regime has historically been oppressive toward the LGBTIQ+ community. During Fidel Castro's government, forced labor camps, known as UMAP, were established, where thousands of young homosexuals and individuals deemed "deviant" were confined.
This past contrasts with the current attempts to clean up the image of the regime, presenting itself as a defender of LGBTIQ+ rights.
Frequently Asked Questions about the New Civil Registry Law in Cuba
What changes does the new Civil Registry Law introduce in Cuba?
The new Civil Registry Law in Cuba allows for a change of gender identity upon personal request, without the need for gender reassignment surgery or judicial intervention. Furthermore, it modernizes the civil registry system through digitization and the establishment of a Central Civil Registry with a national digital database.
How will the gender change in identity documents be carried out under the new law?
The change of gender on identity documents will be based on each person's self-perception of gender, without the need for surgery or judicial intervention. This advancement aims to facilitate the legal recognition of the gender identity of transgender individuals in Cuba.
What criticisms have been raised regarding the new Civil Registry Law in Cuba?
Despite the progress that the law represents, it has been criticized for maintaining a binary framework (male/female) and not taking non-binary individuals into account. Furthermore, the country's actual ability to implement the digitization of the civil registry is questioned due to technological shortcomings.
What role will the Ministry of Justice play with the new law?
The Ministry of Justice will be the governing body of the registration system under the new law. It will have the direct responsibility for its implementation and oversight, ensuring that the civil registry operates as an essential and free public service.
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