Laws

CUBA

Limited information only available for these topics

Access to Children
Adoption of Children
Age of Consent
Anti-Vilification
Artifical Insemination
Assisted Reproduction
Asylum / Refugees
  Civil Unions
Custody of Children
Discrimination
Fostering Children
Freedom of Movement
Gender Identity
Harassment
Hate Crimes
  HIV/Aids
Homosexuality
Immigration
Inheritance
In Vitro Fertilisation (IVF)
Marriage
Military
  Partners
Parenting
Property
Sodomy
Transgender, Transsexual
Violence
Wrongful Death

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Age of Consent Legislation/Cases/References
1.

National

In 1997, the age of consent for consensual sex between same-sex couples was reportedly equalised [R1.2] at 16 years [L1.1].


Cuban Penal Code. Title XI

Chapter III. Crimes against the normal development of children and youth. Section 1. Corruption of Minors

Article 310. Whoever induces a person under 16 years of either sex, to practice homosexuality or prostitution or go to places where they practice vice or corruption, or any other dishonest conduct of those provided in this Code , shall be punished by imprisonment of two to five years [L1.1].

ARTÍCULO 310. El que induzca a un menor de 16 años, de uno u otro sexo, a ejercer el homosexualismo o la prostitución o a concurrir a lugares en que se practique el vicio o actos de corrupción, o a realizar cualquier otro acto deshonesto de los previstos en este Código, incurre en sanción de privación de libertad de dos a cinco años [L1.1].

R1.2 ILGA: State-Sponsored Homophobia PDF 382.87kb, MAY 08
L1.1 Cuban Penal Code (Accessed 18 JAN 12)
Asylum, Emigration, Freedom of Movement, Immigration, Migration, Passports, Refugees Legislation/Cases/References
1.

National

On 09 January 2017, Nelson Gandulla Díaz, president of the Cuban Foundation for LGBTI Rights was reportedly prevented from boarding his Copa Airlines flight to Panama City's Tocumen International Airport. Gandulla was to have then flown from Panama City to the Colombian city of Cartagena in order to attend a workshop organized by Caribe Afirmativo, an LGBT advocacy group. Security agents told him he unable to leave the country [R1.1].

R1.1 WashingtonBlade: Cuban LGBT activist prevented from leaving country 09 JAN 17
Civil Unions, Partners: Domestic, Registered Legislation/Cases/References
See also: [MARRIAGE]
1.

National

On 07 September 2012, it was reported that on page 47 of the “Census Taker Instructions” manual, blue ink is used to cross out the sentence that had read: “Same-sex couples are allowed, provided they are cohabiting in the same household”. In its place, someone handwrote in the margin: “PARTNERS MUST BE OF DIFFERENT SEXES” [R1.2].

On 18 January 2012, the Cuban Justice Minister, Maria Esther Reus, was reported to have announced that same-sex unions are to be discussed in the assembly, and are on the agenda for 2012 [R1.1].

R1.2 Havana Times: Cuba Censors Axe Same-Sex Couples 07 SEP 12
R1.1 GayStarNews: Cuba may allow gay marriage says Mariela Castro 18 JAN 12

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Discrimination Legislation/Cases/References
1.

National

On 20 December 2013, Cuban lawmakers approved a proposal that purportedly would amend the country’s labor law to ban employment discrimination based on sexual orientation [R1.2].

On 07 September 2012, it was reported that on page 47 of the “Census Taker Instructions” manual, blue ink is used to cross out the sentence that had read: “Same-sex couples are allowed, provided they are cohabiting in the same household”. In its place, someone handwrote in the margin: “PARTNERS MUST BE OF DIFFERENT SEXES” [R1.1].

R1.2 WashingtonBlade: Cuban lawmakers ban anti-gay employment discrimination 21 DEC 13
R1.1 Havana Times: Cuba Censors Axe Same-Sex Couples 07 SEP 12
Gender Identity, Intersex,
Transgender, Transexual

[?]
Legislation/Cases/References
See also: [MARRIAGE]
1.

National

In June 2008, Cuba authorized sex-change operations and will offer them free for qualifying citizens [R1.2]

Previously:

In 2005, the draft bill was presented to parliament and had been expected to come up for a vote in December 2006, giving transsexuals free sex-change operations, hormonal therapy and new identification documents [R1.1].

R1.2 The Advocate: Cuba Approves Free Sex-Change Operations 09 JUN 08
R1.1 MCV: Cuba: Free Sex-change Operations? 06 JUL 06
Homosexuality, Sodomy Legislation/Cases/References
See also: [AGE OF CONSENT]
1.

National

In 1979, consensual sex between same-sex couples was decriminalised [R1.1].

R1.1 ILGA: State-Sponsored Homophobia PDF 382.87kb, MAY 08
Marriage Legislation/Cases/References
1.

National

On 13 August 2011, a Cuban man and transgender woman married in what is being seen as the country's first "gay wedding". Same sex marriage is illegal in Cuba, but bride Wendy Iriepa is legally a woman after undergoing one of the first state-sponsored sex changes in 2007 [quaere 2008] [R1.1].

R1.1 BBC News: Cuba gay man and transgender woman marry 13 AUG 11

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