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Good practice

Cuba's 2022 Family Code (Código de las Familias)

Cuba · Havana · See the Cuba profile

Cuba's referendum-approved 2022 Family Code makes care and domestic work a shared legal duty between spouses, bans sex- and gender-identity discrimination, and strengthens family-violence protections, passing 66.85% to 33.15% on 74% turnout.

66.85 %
Referendum result in favour (25 Sept 2022)
33.15 %
Referendum result against (25 Sept 2022)
74.12 %
Referendum turnout
~79,000
Public-consultation neighbourhood meetings
18 years
Minimum marriage age (both sexes)

Details

Maturity
Established
Promoter
National Assembly of People's Power / Federación de Mujeres Cubanas (FMC)
Period
2022-present
Keywords
family law, gender equality, care economy, LGBTQ+ rights, gender-based violence

Context

On 25 September 2022, Cuba held a national referendum, promoted by the National Assembly of People's Power together with the Federación de Mujeres Cubanas, on a wholly rewritten Family Code (Código de las Familias, Ley No. 156/2022) replacing the 1975 code, following a public-consultation process comprising roughly 79,000 neighbourhood meetings.

Activities

The new Code makes shared domestic and care responsibility between spouses an explicit legal duty, bans discrimination based on sex, gender identity and sexual orientation, treats protection from family violence as a state obligation, legalises same-sex marriage and adoption, regulates altruistic (non-commercial) surrogacy for the first time, and raises the minimum marriage age to 18 for both sexes, closing a prior exception allowing girls to marry at 14.

Results

The referendum passed by 66.85% in favour to 33.15% against, on 74.12% turnout — a genuinely contested vote by Cuban standards.

Conclusions

The UN CEDAW Committee's October 2024 review welcomed the reform and Cuba's high female parliamentary representation, but flagged persistent gaps between the law's text and lived reality, including unresolved concerns on sex trafficking and unpaid care-work burdens. Human Rights Watch, without disputing the substance of the reforms, cautioned that a one-party state with tightly controlled media and no independent electoral oversight should not make family and minority rights contingent on a popularity vote, and noted no independent Cuban civil-society body currently audits implementation.

Implementation

Implementation detail (cost, timeline, staffing, conditions for success) is not yet available for this practice.

Data sources

Where this practice's information was retrieved from, and when.

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