The human person, Human Rights and bioethical issues in the Constitution of the Republic of Cuba of 2019

被引:0
|
作者
Toledo, Yoandy izquierdo [1 ]
机构
[1] UFV, Programa Human Hist Filosofia & Estet, Madrid, Spain
来源
REVISTA DE DERECHO POLITICO | 2024年 / 120期
关键词
Cuba; Constitution of 2019; Human Rights; Bioethics; human person;
D O I
10.5944/rdp.120.2024.41774
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
The Constitution of the Republic of Cuba of 2019 is a symbol of continuity of the revolutionary process that the country has undergone over the last six decades. It does not clarify solid assumptions regarding bioethical issues that establish the primacy of the human person; rather, its articles reinforce criteria that have been part of the Cuban regulatory framework in its totalitarian system. The Constitution of the Republic of Cuba of 2019 reveals that the Cuban government maintains its economic, political and social model, and introduces slight reforms that do not modify, in essence, the principles of the single Party (Communist Party of Cuba) and the Revolution. This work addresses a vision of constitutional law in Cuba as a premise for the analysis that is carried out specifically on the foundations of Bioethics in the 2019 Constitution, the fundamental respect for life, armed struggle and the conditioning of Human Rights to a political system and an ideology; as well as the subordination of the family and the education system to power by the totalitarian State. An analysis of Cuban Constitutional History is carried out, mainly in the period after January 1, 1959, and some essential articles in the most recent Magna Carta are debated. Finally, a comparison is established between the 2019 Constitution and the 1940 Constitution in terms of rights and freedoms. The new Constitution is considered an imposed Constitution where bioethical principles with constitutional rank do not appear, which keeps the human person out of the center of all types of relationships and their dignity and rights may continue to suffer damage, as the Cuban totalitarian system has operated until today.
引用
收藏
页码:427 / 463
页数:37
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