Gender Violence in Cuba: The Urgent Need to Close the Gap Between Law and Life

The names Elianne, Heidi, Rosa Idania, and Yinet are no longer just names. They are symbols of an issue that, while not silenced, is neither transparent. Every day, social media posts from families seeking answers in cases of violence and murder of women. Allegedly by their partners, appear in a devastatingly short period.

Their stories expose the stark Cuban paradox: a country that has built a pioneering legal framework against gender violence. Yet struggles to translate it into tangible and effective protection for all women within its borders.

Also these events are not isolated incidents; they are the top of the iceberg of a structural problem that demands immediate collective action.

Faced with this reality, it is essential to acknowledge the institutional progress made. Cuba has indeed built a robust legal framework. The 2019 Constitution criminalizes domestic violence. Its spirit is embodied in cutting-edge instruments. Such as the Family Code (2022), which for the first time legally defines gender-based violence and empowers victims to claim compensation.

In line with this, the Penal Code (2022) increases penalties for these crimes and introduces crucial protective measures, such as restraining orders. This legislative effort is articulated through the National Program for the Advancement of Women and a Comprehensive Prevention and Care Strategy. Which seek to coordinate the state response.

However, a powerful public demand persists: for a Comprehensive Law against Gender-Based Violence. For activists and collectives, specific legislation is fundamental to consolidating rights. Guaranteeing the creation of a network of specialized shelters, and standardizing unique protocols for action across all institutions.

The official position, supported by legal experts, argues that the new codes and the strategy already constitute a complete legal response. This debate is not semantic; it reflects a divergence regarding the most suitable tool to address the crisis. The most critical gap, however, lies between theory and practice. Despite the mandates of the Comprehensive Strategy, repeated testimonies reveal an uneven application of the protocols.

At the same time, statistical opacity undermines the response. While civil society observatories document figures in real time, official statistics are fragmented and lack periodic transparency. Hindering accurate diagnosis and policy evaluation.

A challenge that transcends legal codes

Gender-based violence is a deeply rooted cultural ill that will not be defeated solely with laws, however progressive they may be.

Moreover the complexity of the phenomenon demands a multifaceted and synchronized response. It is imperative to achieve the rigorous, sensitive, and uniform application of existing tools in every municipality and every court. A profound educational shift that dismantles stereotypes from childhood must be promoted with greater vigor. And reporting must be encouraged as an act of civic responsibility that is protected and heard.

The Federation of Cuban Women, the Social Prevention Councils, the Public Prosecutor’s Office, and the judicial system are indispensable pillars in this fight. However, the ultimate effectiveness of this mechanism is measured by a single outcome: the safety and lives of women.

Each femicide is a systemic failure and a tragic call to redouble our efforts. The battle truly belongs to all the society. Its first irrevocable step is to recognize that as long as a single woman fears for her life within her own home, the work is unfinished. The commitment must be to close, once and for all, the abysmal gap between written law and real protection.

By: Daimy Peña Guillén