INTRODUCTION
To guarantee the protection of the family environment, it is essential to analyze the problems that arise in the relationships of its members. Seen from the prism of equality, gender conceptions are criticized and the institutional character of the family is valued. Due to the importance of this topic, this research aims to highlight the importance of the protection of marriage, characterize the role of legal institutions in child protection, and assess the legal norms applicable to the family. As predominant methods the bibliographic review in the analysis of the theoretical and doctrinal foundations that are sustained; the exegetical, for the analysis of legal norms. The focus of this work has been restricted to the principle of equality and the best interests of the child.
Based on general considerations, the topics addressed in this article are analyzed, ranging from an approach to institutions: family, maternity and marriage, the rights of girls, boys and adolescents, to protection and legality in Cuban society. The need to establish strategies that allow them to conform to the principles of equity and social justice is also valued. In this way, recognize the family as a fundamental institution of society that must be a compulsory study for specialists in pursuit of a better world.
DEVELOPING
The importance of the institution of the family and within it to motherhood and marriage is undeniable, as it has the distinction of being included in the body of our fundamental law. From this scope its protection is guaranteed by attributing responsibilities and functions in the education and training of the new generations, which are institutionally controlled through the implementation of legal instruments enforceable by the bodies designed for this purpose.
To assess the family institution, we consider it essential to limit the importance of the concept of equality. This principle, introduced for the first time as a legal norm in the Universal Declaration of Human Rights, is observed beyond a fact to be considered as an established value that starts from the recognition of the diversity of the human species, regardless of its gender.
Precisely, the fundamental principle established for the spouses will be that of absolute equality of their rights and duties, taking care of the home and integral development of the children as support through the will and obligation of both. This common responsibility is attributed to the couple, resulting from the inherent condition that as humans, men and women, we are equal.
From this derives the importance that the State attaches to the regulation of social relations arising in the family sphere. Regarding the conception of the family, the presence of social interest and individual interest is valued; that is to say, that regardless of the new forms of family manifested in current Cuban society, the law provides essential requirements, including: shared responsibility between the spouses. The foregoing is evidenced in practice when regulatory and executive functions of state policy are attributed.
Regarding the rights of the child, the current international legal regulations are varied. In the first order, it is valid to highlight the “Convention on the Rights of the Child, approved by the General Assembly of the United Nations and put into effect in Cuba on September 20, 1991. This legal body, of such high value in terms of human rights, leads us on the path of respect from childhood in all its dimensions. The forced intervention of the family then becomes the means of greatest influence for the child-adolescent population.
Historically, the Cuban State has given special interest to the recognition of the rights of boys, girls, pubescent and young people within society, constituting a fundamental premise of our social system. Therefore, among the actions dedicated to strengthening the legal culture of the population, it has included raising awareness about the protection of the rights and duties of infants and adolescents, emphasizing education through institutions such as schools and especially the family., generalizing in the community and society.
The Ministry of Justice governs in Cuba the Project "FOR A WORLD TO THE RIGHT" for the Disclosure of the Rights of Children and Adolescents.
From the birth and granting of citizenship, a process of identity formation takes place through which “the awareness of being a unique and independent person and the feelings of belonging to certain groups, as well as the identification of values and patterns, is developed. cultural of the same ”. For this reason, the Constitution of the Republic of Cuba, proclaimed on February 24, 1976, stipulates in terms of Education and Culture that the family has the duty to pay special attention to the integral formation of children and youth.
Sufficient reasons in the lives of children and adolescents justify the need for parental guidance in their interaction with society. A relevant aspect in this sense constitutes the learning of minors, during the period in which they still suffer physically and psychologically from particularities that fully guarantee their ability to act.
Meanwhile, this status of the minor is complemented by the intervention of their legal representatives, a protective quality that finds its primary manifestation in the duties and rights that parents inherently hold in the exercise of parental authority. The latter will also be welcomed by the spouses who practice it as guardians or adopters; or, failing that, the Prosecutor is represented, the latter also having direct participation when the interests of said representatives conflict with the legitimate protection established for minors.
This combination between the responsibility of the State and the recognition of the family as an authority in the moral, physical and spiritual formation of the smallest and smallest of the home, supported by the Childhood and Youth Code, allows us in our work professional deploy a program of actions governed by each institution according to the activity in question.
The Ministry of Justice also acts within the framework of the Prevention and Social Care System, with intervention in the Groups and Commissions for the observance of current legislation with emphasis on the Constitution of the Republic and Decree Law 242, as well as compliance of priorities related to students who do not comply with school duties, care for minors with behavior problems and their families, disconnected from study and work, the problem of prostitution, socialization with inmates and people sanctioned for non-custodial measures of freedom attended by the control of execution, to which social indiscipline was added in the last period.These practices are translated into a program of actions aimed at the population in which the preferred social group for their implementation is the family.
In this area, we have participated in community work with an informative-informative program that includes talks and debates. In this way, we have been able to appreciate the impacts that the Cuban family receives in the international situation and its repercussion in the local territory. At the same time, we contribute to the formation of legal awareness about the equity of rights and obligations of the spouses, with positive results that are validated in the idiosyncrasy of the Las Tunas.
The activity in the mass media has aroused great controversy, mainly on issues related to the recognition of the rights of spouses through their assessment with a gender perspective.
- In the exchange promoted in television programs, we found: There is a high interest in the obligation to provide food, under the constitutional protection and the family law in their respective articles 38 that stipulate this duty of parents and 121 that defines it as satisfaction of the necessities of sustenance, room and clothing, to which are added the requirements for education, recreation and development of minors.
In this case, we value how certain patterns of families are assumed from marriage, pregnant with milestones and taboos regarding what they consider to be proper to the role that each spouse plays based on their sex. In these manifestations, both members of the marital relationship suffer from what is expected of them and their resistance to breaking with this scheme within society.
- In response to the modification of current legislation
However, we observed a greater incidence in the behavior assumed by parents, after the promulgation of Decree Law 234 dated August 13, 2003. In the Provincial Reference Center, of users who request advice on matters of custody and care of for minors, the number of interested parties by the male sex is on the rise; valuing the transformation in the perception of the responsibility that their sons and daughters have towards them.
In the consultations evacuated before the year 2003, the parents came mostly interested only in improvement in the communication regime. We consider that afterwards a process of awareness has been developed that places us today in a more open range of our families, since we observe that in the matters dealt with in 2009, they demand the custody of their children with greater impetus.
In both cases we can ensure that the gender perspective is linked to the decisions of family groups and their actions with respect to their sons and daughters.
- In the radio programs dedicated to children and adolescents, the fundamental role of the family has been analyzed. We start, with the advice of specialists in psychology and sexuality, from the analysis of the interpretation that mothers and fathers make of their obligations and the rights of the child, which expresses higher complexities for puberty. The major concerns of the population denote ignorance or misunderstanding of the fundamental principles contained in the "Convention on the Rights of the Child." Regarding non-discrimination and the right to life, survival and development, it seems to be out of the question; there is an active response in its application and a sense of belonging. Instead,The situation becomes more complicated in the recognition of the right of boys and girls to express their points of view and that these are taken into account, regardless of being unable to carry out legal acts and even in cases where the restriction of the ability to act is exempted for the satisfaction of their daily needs, under the protection of Cuban civil legislation in the substantive order. An even more controversial aspect is the best interest of the child, in which all filial, social, economic, political interests, among others, yield supremacy to the valuation of what is considered most beneficial at the time of providing special protection to children. minors in the material and moral aspect.regardless of being unable to carry out legal acts and even in cases in which the restriction of the ability to act is excepted for the satisfaction of their daily needs, under the protection of Cuban civil legislation in the substantive order. An even more controversial aspect is the best interest of the child, in which all filial, social, economic, political interests, among others, yield supremacy to the valuation of what is considered most beneficial at the time of providing special protection to children. minors in the material and moral aspect.regardless of being unable to carry out legal acts and even in cases in which the restriction of the ability to act is excepted for the satisfaction of their daily needs, under the protection of Cuban civil legislation in the substantive order. An even more controversial aspect is the best interest of the child, in which all filial, social, economic, political interests, among others, yield supremacy to the valuation of what is considered most beneficial at the time of providing special protection to children. minors in the material and moral aspect.An even more controversial aspect is the best interests of the child, in which all filial, social, economic, political interests, among others, yield supremacy to the valuation of what is considered most beneficial when providing special protection to children. minors in the material and moral aspect.An even more controversial aspect is the best interest of the child, in which all filial, social, economic, political interests, among others, yield supremacy to the valuation of what is considered most beneficial at the time of providing special protection to children. minors in the material and moral aspect.
From which we deduce that while the legal specialists are not a main part of the summary processes related to: custody, care and communication regime of minors, they do intervene directly in safeguarding the principle of the best interests of the child
The efforts of the Cuban Revolution have been characterized by justice and social equity. It is in this context that families are formed and evolve today. According to specialists, structural and functional diversity turns out to be the most characteristic of existing Cuban families.
Cuban families, taking into account objective reality, are currently going through a process of changes in both the economic and social order, with great influence of various combinations in their internal structure.
Despite the individualities of each specific family, their common denominator is the transformations of their social environment, in correspondence with the level of economic and political development that guarantees citizen stability.
From the cases analyzed as specialists in law, we note that the main incidents that occur in the family stem from the underlying features of a patriarchal society, where it is observed that men and women assume different commitments in their daily lives, overvaluing the performance of men as a paradigm within the family nucleus, which undermines the intended social effect around equity with females in their home. There are examples in which women are hampered in their professional development because they dedicate themselves exclusively to the care of their children and the home; Likewise, she is unable to access jobs of equal or higher remuneration than her spouse's, as she does not have a similar qualification,this right being misunderstood, which has a negative impact on the guidance of descendants in accordance with the advances of society.
In the experiences of working with the community we have appreciated the existence of constituted representations for each sex. However, the historical process of our culture has marked gender identity, directly linked to biological, psychological, social, economic, political and cultural aspects.
From the differences between sex, alluding to its biological connotation, and the sex-gender system, the latter is understood as a sociocultural symbolization built from the sexual difference that governs the human order and manifests itself in all areas and spheres of life. society. On the basis of the understanding of the interrelation of women and men, from our identity, the rules must be erected in pursuit of the regulation of coexistence. This social normativity entails contradictions of human desires and expectations.
The genres are constructed from very clear and rigid norms, duties and prohibitions. The relationship between duty and prohibition is essential to define what women and men are. The sex-gender system creates stereotyped gender patterns.
The Family Code of the Republic of Cuba, in its article 26 states that both spouses are obliged to take care of the family they have created and to cooperate with each other in the education, training and guidance of the children in accordance with the principles of the socialist morality. Likewise, to the extent of the capacities or possibilities of each one, they must participate in the government of the home and cooperate for the best development of the same.
CONCLUSIONS
The reality of the Cuban family transcends current legislation and the conceptions of citizens. Regardless of the life patterns that human beings create for family relationships, the manifestations of everyday life are unpredictable. Our task, in the fight for the defense of human rights and full equality, lies in the contributions that we are able to offer to our society to build a better world.
BIBLIOGRAPHY
- Constitution of the Republic of Cuba Law 59 Cuban Family Code Convention on the Rights of the Child. United Nations General Assembly Resolution 44/25 of November 20, 1989. Entered into force on September 2, 1990 United Nations (1996) "Report of the Fourth World Conference on Women", Beijing 1995, A / CONF.177 / 20Rev.1 United Nations (1993) General Assembly Resolution 48/104 “Declaration on the elimination of violence against women” United Nations (1993) “World Conference on Human Rights»
