Cuba

Divorce in Cuba results in the dissolution of matrimonial ties and all other effects described in Article 49 of the Family Code. Pursuant to Article 50, divorce can be obtained by judicial decree or notarial deed. Prior to the enactment of the Second Final Disposition of Law No. 154 (“Law No. 154”), divorce in Cuba could only be obtained by means of judicial decree. However, Law No. 154 liberalized the means to obtain a divorce by allowing divorce to be effected by notarial deed.

Chapter 1 of Cuba’s Labor Code sets forth the basic principles of the Labor Code, with specific reference to providing women with positions that are compatible with their physical and physiological characteristics and allowing women to incorporate themselves in the workforce, and entitlements to maternity leave for women, before and after childbirth, including medical services, free of cost, required by maternity.

Several Articles in the Penal Code of Cuba criminalize unauthorized abortion and impose penalties under specified circumstances. Article 355.1 of the Penal Code establishes penalties for causing an abortion or destroying “the product of conception” with the consent of the pregnant woman outside legally authorized circumstances. The penalty is six months to one year imprisonment, a fine of one hundred to three hundred quotas, or both.

Article 388 of the Penal Code of Cuba addresses the issue of discrimination and imposes severe penalties on those who engage in discriminatory acts or incite discrimination.

Article 364.1 of the Cuban Penal Code imposes a prison sentence of four to ten years to those who induce, cooperate, or promote prostitution or sexual commerce, own, manage, operate, or finance establishments where prostitution takes place, or derive benefits from such activities. The penalties increase to eight to twenty years if threats, coercion, abuse of authority are used, or if the victim is under the care of the offender, among other aggravating circumstances.

Title XVI of the Cuban Penal Code governs crimes against sexual liberty and indemnity, families, and the development of minors. Chapter I addresses sexual aggression. Article 395 penalizes carnal access obtained through force, violence, or intimidation. The penalty for these crimes is seven to fifteen years in prison. The same penalty applies when penetration is executed with fingers, objects, items, or animals by vaginal or anal route.

Article 42 of the Constitution of the Republic of Cuba (the "Constitution of Cuba") provides that all persons are equal before the law and must receive the same protection and treatment from the authorities. This article guarantees that all individuals enjoy the same rights, freedoms, and opportunities without any discrimination based on sex, gender, sexual orientation, gender identity, age, ethnic origin, skin color, religious belief, disability, national or territorial origin, or any other condition or personal circumstance that implies a distinction detrimental to human dignity.