The recent approval of the Code on Children, Adolescents, and Youth by Cuba’s National Assembly of People’s Power marks a significant milestone in the country’s ongoing commitment to justice, equality, and the protection of human rights.
This comprehensive legal framework—crafted through a broad, participatory process—explicitly recognizes sexual orientation, gender identity, and sex characteristics as protected categories against all forms of discrimination. It represents a meaningful victory in the struggle to dismantle historical structures of exclusion and violence and reaffirms the Cuban State’s responsibility to safeguard human dignity in all its diversity.
Article 26.2 of the Code states that “children and adolescents may not be discriminated against or have their rights violated on the basis of sexual orientation, gender identity, or sex characteristics.” This provision sets an essential legal precedent in affirming the rights and dignity of LGBTQ+ children and youth in Cuba.
In the same spirit, Article 39 affirms the right to identity in all its dimensions, including gender identity, while Article 60 ensures access to sexual and reproductive rights, along with the education and information needed to exercise these rights responsibly and freely.
The Code also sets clear obligations for educational institutions. As stated in Article 59, schools must provide comprehensive sexuality education that respects social, cultural, sexual, and gender diversity. This approach reflects an ethic of care and inclusion, grounded in body autonomy, respect for difference, and informed consent—key principles for building an emancipatory model of education.
A particularly important advance in terms of intersex rights is the prohibition of genital surgeries on intersex minors without their informed consent, as outlined in Article 79. Surgical intervention is only permitted in cases of serious risk to life or health. This provision corrects historically harmful medical practices and reaffirms the principle of bodily autonomy.
Additionally, Article 62 strengthens protection against all forms of discrimination and violence that may undermine sexual and reproductive rights due to sex, gender, sexual orientation, gender identity, HIV status, or other circumstances that harm human dignity. This article reflects an intersectional understanding of human rights, recognizing how multiple forms of oppression interact and impact children and adolescents in complex ways.
The Code also upholds fundamental rights for young people. Article 176 reaffirms respect for diversity, including sexual orientation and gender identity; Article 177 guarantees the right to free self-expression and the development of one’s identity; and Article 186 ensures access to sexuality education with a gender equality lens, and with respect for bodily autonomy and integrity.
Beyond recognizing rights, the Code places responsibilities on the State, families, educational institutions, and communities. These actors are now required to identify and eliminate cultural or religious practices, sexist stereotypes, and prejudices that threaten the rights of children, adolescents, and youth (Articles 62, 79, and 186). Parents and guardians—as well as those who work with children—must also guarantee access to accurate information and education on sexual and reproductive health (Article 60).
From a rights-based and social justice perspective, this law calls for a redistribution of power and care. Families, schools, and public policy are expected to serve as active guarantors of children’s rights, moving beyond authoritarian or punitive models of sexuality and identity.
The true challenge ahead lies in implementation: ensuring sufficient resources, ethical and pedagogical training for those who work with youth, and creating space for children and adolescents to act as agents in the defense and fulfillment of their own rights.
This Code is not only an act of historical justice—it is an invitation to continue building a more inclusive, compassionate, and dignified country for all, especially for those who have long been marginalized due to their gender identity, sexual orientation, or bodily diversity. It represents a powerful step forward in the effort to create a Cuba where every child and every young person can grow in freedom, safety, and love.