The Cuban Parliament is set to discuss a draft Civil Registry Law in July, which could, for the first time, allow individuals to change the gender on their identification documents based on their gender identity, without the necessity for sex reassignment surgery or a court order. This development, hailed by government-aligned officials and activists as progress, arrives amid a severe economic crisis, which has left the healthcare system unable to support gender reassignment surgeries previously sanctioned by the Cuban state.
The details of the proposal were outlined in an article by Cubadebate. The draft has been reviewed by the National Center for Sexual Education (CENESEX), led by Mariela Castro, who expressed dissatisfaction that it still adheres to the male and female designations, excluding non-binary groups.
A Government-Sanctioned March with Unmet Demands
The announcement coincided with the "Conga Against Homophobia," an official march held on Saturday in El Vedado. Authorized and led by the government, hundreds of participants carried banners with slogans such as "Yes to Socialism, No to Transphobia."
"As a trans person, I am advocating for a gender identity law," Yoilán Balón told The Associated Press. This demand highlights the underlying issues, as Cuba still lacks comprehensive legislation on this topic.
Legal Reforms in a Country with No Guarantees
Currently, in Cuba, legal gender changes are only possible after undergoing genital reassignment surgery—a procedure effectively halted due to the healthcare system's resource shortages. The proposed law would eliminate that requirement but would continue to enforce a binary (male/female) system, leaving non-binary individuals without legal recognition.
This reform is part of a broader legislative package recently approved by the Council of Ministers, which also includes laws concerning children's rights, the Cuban sports system, and a new Administrative Offenses Law. According to official discourse, all these drafts aim to modernize the legal system and align it with the 2019 Constitution. However, their practical implementation in a country plagued by severe material shortages and outdated bureaucratic structures raises more questions than answers.
Modernization or Symbolic Control?
Efforts to digitize the Civil Registry, another aspect that the law seeks to promote, seem unrealistic given the technological deficiencies in many provinces. Additionally, the introduction of specific disciplinary regulations for registrars could lead to increased state control mechanisms.
Meanwhile, the so-called "modernization" of the legal system occurs against the backdrop of intensified sanctions against social protests and the criminalization of dissent.
FAQs on Cuba's Proposed Civil Registry Law
What changes does the proposed Civil Registry Law in Cuba introduce?
The proposed law allows individuals to change their legal gender based on their self-perception without requiring sex reassignment surgery or court orders, although it still maintains a binary gender system.
Who reviewed the draft of the proposed law?
The draft was reviewed by the National Center for Sexual Education (CENESEX), led by Mariela Castro.
Why is there opposition to the proposed law?
Critics argue that the law does not go far enough as it fails to recognize non-binary individuals and occurs amidst a lack of comprehensive gender identity legislation.