News and Facts about Cuba

Will a Complaint Be Enough to Defend Our Rights?

Will a Complaint Be Enough to Defend Our Rights? / Laritza Diversent
Posted on June 13, 2014

According to international legal instruments, “Everyone has the right to
an effective remedy by the competent national tribunals to be protected
from acts violating their fundamental rights granted them by the
constitution or by law.”

No national competent institution regarding the promotion and protection
of is recognized within the Constitution of the Republic of
Cuba[1]. The Cuban government considers that such an institution is not
an identified need for the people of Cuba, based on their willingness to
continue to build a society that guarantees all justice[2].

According to the Cuban government, the state has a complex and effective
inter-institutional system, which includes the participation of NGOs, in
order to receive, transact and respond to any complaint or request made
by individuals or groups, concerning the enjoyment of any human right.

The system provides for the reception of complaints, mandatory responses
but no restitution if it was proven, and their transmission through the
courts. The term to respond is too long and doesn’t provide for an
exception for urgent cases or for irreparable damages.

In practice, none of them will go deep into the investigation of the
case to verify alleged violations. Nevertheless, according to the
government “this system has proven effective in practice and has the
capacity to respond to the interests, complaints and denunciations of
alleged human rights violations”.

Learn about the state bodies that intervene in this system and the
obligations they have on: “National Institutions for Promotion and
Protection of Human Rights”, in the legal Cuban system?

[1] Information brochure No. 19 of the United Nations Office of High
Commissioner for Human Rights, “National Institution for Promotion and
Protection of Human Rights”

[2] Report of the working group for the Universal Periodic Review –
Cuba, Council of Human Rights, 2009

Translated by: Michaela Klicnikova

11 June 2014

Source: Will a Complaint Be Enough to Defend Our Rights? / Laritza
Diversent | Translating Cuba –
http://translatingcuba.com/will-a-complaint-be-enough-to-defend-our-rights-laritza-diversent/

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