The draft of the new Cuban Family Code guarantees the progressive capacity of minors, their right to be heard and the duty to take their opinions into account, experts assured today.
The doctor of Legal Sciences and professor of Civil Law at the University of Matanzas, Yairis Arencibia, highlighted that the norm, submitted to popular consultation on the Caribbean island until next April, grants infants a legal status in correspondence with the postulates of the International Convention on the Rights of the Child.
One of the most important prerogatives established by the legal body lies in the responsible exercise of their sexual and reproductive rights.
In this regard, the specialist insisted that it is a subject widely studied in the national and international arena, since there is a tendency in society for parents and guardians to suppress the will of minors under the argument of lack of maturity or alleged ignorance about these issues.
In an article published by Cubadebate, Arencibia highlighted the importance of children and adolescents having access to scientific information and education on aspects related to their sexuality or reproduction, which was even echoed by international jurisprudence.
In this way, the minor may be able to better understand the expressions of his sexuality, face the changes that occur in his body and in his psyche – fundamentally during adolescence – and express his opinions regarding how he wishes to project himself in this sphere of his life, warns the article.
In addition, it explains that in order to clarify between different interests which one is more in line with the best interests of the child, the decision that allows the verification of as many of their rights as possible must be opted for.
“Their best interests will then be protected when the actions seek their comprehensive development, offer them a decent life, as well as the material and affective conditions they need according to their age,” he clarified.
The also vice-dean of Research and Postgraduate Studies of the Faculty of Social Sciences and Humanities of the house of higher studies, praised the intention of the editors of the new normative text to take into account the rights of the child to information, to grow up in a free environment violence, identity and family communication.
The text alludes to the fact that the essential responsibility for minors corresponds primarily to the family, for which the existence of safe environments is necessary, and institutional roles are equally relevant.
The paradigm shift lies in transforming the way of appreciating, representing and recognizing the needs of children, in which not only the parents, but also the rest of the family, society and the State have responsibility, Arencibia remarked.
