On April 6, 1952 Cuban university students made the symbolic burial of the Constitution of 1940 in the Fragua Marti. They say that even a coffin bought for the occasion and was velorio ...
The goal of the students was to denounce the military coup that the March 10, 1952 was executed Fulgencio Batista and restrictions on civil and political rights regime had imposed.
The sad thing is that a similar situation have today. The enacted in 1976 Constitution is violated daily up by the prosecution itself General of the Republic, by mandate of Article 127 of the Constitution is the body responsible for ensuring strict compliance with the law in the country and, consequently, that you must address and answer the complaints of citizens when any violation of their rights occurs. That is what the Constitution says, but as the saying goes, from words to say there is a long way.
The bourgeois revolutions bequeathed to the world the great conquest of institutions. The absolute power of monarchs were replaced by officials freely elected by the people and against the executive, emerged as balance parliaments, responsible for passing laws and courts, whose role is to apply and interpret. Thus democracies are formed, whose essences are based on constitutions.
The existence of the constitutions do not automatically the rights of citizens are respected, and building a state of law. The constitutional rights of citizens are violated all over the world, sometimes due to the absolute power of a state government or domineering; in others, errors or arbitrary acts of government officials. The consequences and extent of such violations are measured by the real possibility for citizens to obtain effective legal protection of their rights.
Where there are separate legal institutions and solid defense mechanisms, citizens have great chance to obtain justice and redress the abuses of government.
It is not the case of Cuba, a statement of fact, not of law, where political guidance of its leaders speak louder than laws and national events is marked by contingencies and decisions of a power group that has not been chosen by the people. Here thereis no rule of institutions. When these circumstances remain, the constitution is nothing more than an ornament.
In democratic states, constitutions are the result of consensual work of the different political forces that shape the constituent assemblies, after democratic election.
In Cuba, the Constitution adopted in 1975 was written by a small group of Communist Party members, hence its anti -democratic essence.
Still, the few rights that recognizes citizens do not enjoy effective legal protection and the most compelling evidence of this is the massive and repeated violations suffered by Cubans regarding the protection of personal liberty, freedom of movement the country and outside it, to inviolability of the home, the right to a fair trial, the right of complaint to the protection of personal property and other recognized in the Universal Declaration of Human Rights.
Castro criticized the bourgeois theorists imputing legislators never enacted complementary effective laws that would make many of the rights of the constitution of 1940.Sin But more than 40 years after its enactment, the communist constitution lacks complementary laws that take care to handle the demands of citizens for alleged violations of their constitutional rights.
And it is that Cuba not only lacks a Constitutional Court but in the case of the right of complaint, the Attorney General's Office,an institution that by mandate of Article 127 of the Constitution of the Republic has the obligation to ensure and enforce socialist legality and the rights of citizens, regardless of their political position, refuses to provide effective legal protection to that right when injured are peaceful opposition or independent journalists, showing the fragile state of the institutions in our country.
Castro 's legislators have not yet developed essential laws in any country as are those of citizenship, press, worship, right of complaint, police performance, culture and sports, to name just a few examples.
In addition to the above aim violations in Cuba discrimination for political reasons, one of the most degrading, it has been present throughout society from the same empowerment of guerrillas led by Fidel Castro.
A Cuban who is not fully identified with the Castro regime, however honest, decent and qualified it is, can never enjoy the same benefits as other citizens "revolutionary". The first can never opt for a military, diplomatic, or other where indubitable loyalty tothe regime is required, nor will ever hold a position of leadership in the state administration. Those who manage to graduate in those races or occupy those positions are required to demonstrate lifelong loyalty to the Castro regime or pretend that they do.Not doing so will be converted immediately into pariahs.
In Cuba they do not work correctly many of the institutions of government and society. That Castro, who are the creators of the current constitution, be the first to rape her, says a lot of his contempt for the law and its inability as rulers.
That happens in a country whose constitution declares in Article 1 that "Cuba is a Democratic Republic, organized with all and for the good of all, for the enjoyment of political freedom, social justice, individual and collective welfare and solidarity human ".
These values are still absent from our daily lives.
It would be more realistic, and even decent, the Castro regime and its proxies, who never tire of declaring that are most respect human rights, to reform communist constitution and specify that the republic is organized with all and for all supporters Castroism. Thus, at least, the performance of its agencies, institutions and officials would be consistent with proclaimed in the charter.
rojequihacfgos@yahoo.es
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