Parliament approves Law for the Protection of Constitutional Rights

Parliament approves Law for the Protection of Constitutional Rights
Fecha de publicación: 
16 May 2022
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Havana, May 15 (RHC)-- The Cuban Parliament adopted the Law on the Process of Protection of Constitutional Rights on Sunday, which judicially protects citizens in compliance with the Constitution in force since 2019.

The legislation was approved on the second day of the fifth extraordinary session of the National Assembly of People's Power (ANPP), which on the same day approved two other criminal laws with the participation of President of the Republic Miguel Díaz-Canel.

The Law is intended to make effective the jurisdictional protection of constitutional rights in the event of damages suffered by individuals, stressed Rubén Remigio Ferro, president of the People's Supreme Court.

Such damages may be caused by the improper action or omission by State bodies, officials, or employees, or by individuals or non-State entities in the performance of their duties.

A working group made up of officials, and specialists from the Parliament, the Council of State, the People's Supreme Court, the General Prosecutor's Office of the Republic, the Ministry of Justice, and the Law School of the University of Havana worked on its drafting.

For this purpose, foreign texts and legislations were consulted and national antecedents were taken into account, including the experience with the 1940 Constitution.

All rights recognized in the Constitution of the Republic that do not have a means of defense in judicial proceedings of other matters (civil, family, administrative, labor and social security, commercial and criminal) and that have been or are being violated since its entry into force, may be the subject of a claim.

When the transcendence of the alleged transgression requires urgent action by the court, the claim will be processed through this process, given its "preferential" nature, following the constitutional mandate

The declaration of unconstitutionality of laws and other legal norms remains an exclusive prerogative of the National Assembly of People's Power. Thus the new Law has no jurisdiction over this process.

Likewise, claims related to national defense and security and measures adopted in exceptional and disaster situations to safeguard the country's independence, peace, and security, under Articles 217 and 222 of the Constitution, will not be subject to this Law.

The Law has as benefits the strengthening of the institutionality, greater guarantees to the people from its conception having as main features celerity, the active role of the court, participation of the parties, simplification of procedures, orality, and immediacy.

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