Alignment of the Cuban Constitution with the Universal Declaration of Human Rights
The Cuban constitution contains explicit and affirmative commitments to human rights, equality, liberty, and freedom, adopting language and principles that closely mirror those found in the Universal Declaration of Human Rights (UDHR) by the United Nations. Key articles in the Cuban constitution prohibit discrimination based on race, color, sex, national origin, and religious beliefs, underlining the notion that all citizens are entitled to equal rights and duties. Articles 9 and 41 of the Cuban constitution specifically emphasize the state’s responsibility to guarantee liberty, dignity, and the full enjoyment of rights for all individuals—principles that directly align with the UDHR’s Articles 1 and 2, which assert the inherent dignity and equal rights of every human being, and the right to non-discrimination.
Furthermore, constitutional articles provide for additional rights recognized in the UDHR, such as the right to freedom from arbitrary arrest and due process (articles 55–59), the freedom of expression and assembly (articles 53–54), and the right to education, work, and social security (articles 45, 47, 49, and 51). These provisions not only echo the UDHR but also serve as a legal framework that, if fully respected, would position Cuba as a state deeply committed to universal human rights and fundamental freedoms.
Systematic Violations of Constitutional and International Commitments
Despite its robust constitutional framework, the Cuban government has repeatedly violated both its own constitution and its obligations under international human rights norms. The Cuban regime enforces broad restrictions on core freedoms, including the freedoms of expression, assembly, and association, all of which are formally guaranteed by constitutional and international statutes. For example, although Article 53 of the constitution enshrines the right to freedom of speech and press, these rights are expressly limited to activities that align with the “objectives of socialist society,” leading to systematic censorship and criminalization of dissent. All media remains state-owned, and criticism of the government is routinely met with intimidation, arrest, or prosecution, undermining the constitutional promise and directly contradicting UDHR Articles 19 and 20, which guarantee the right to freedom of opinion, expression, and peaceful assembly.
The right to political participation is also nullified by structural limitations, such as the absence of free, competitive elections, the state’s control over candidate selection, and the constitutional enshrinement of the Communist Party as the “superior leading force of society and the state”. This violates both the constitution’s promise of equality and UDHR Article 21, which upholds the right to participate in government and free elections.
Moreover, while the Cuban constitution recognizes and guarantees equality without discrimination—including specific guarantees for the equality of women and equal rights for all citizens—the reality diverges sharply from these commitments. Political, social, and economic discrimination persist, particularly based on political opinion or activism, resulting in unequal treatment and undermining both constitutional and international standards of equality.
Hypocrisy and the Suffering of the Cuban People
The dichotomy between the constitutional guarantees and actual state practices represents a profound hypocrisy at the heart of Cuban governance. Cuba positions itself in international forums as a nation deeply committed to human rights and equality, yet the regime systematically suppresses the same rights at home. This hypocrisy is particularly evident in Cuba’s rhetorical alignment with the UDHR and its formal assertions before bodies such as the United Nations Human Rights Council, while, in reality, it disregards the corresponding legal and moral duties. The routine denial of due process, the use of arbitrary detention, closed trials (often in military courts), and the absence of independent judicial oversight make a mockery of constitutional and UDHR guarantees of liberty, legal equality, and fair trial.
The consequences for the Cuban people are severe and pervasive. Political activists, journalists, and human rights defenders are harassed, arbitrarily detained, or sentenced to long prison terms for engaging in legitimate, peaceful dissent or merely expressing opinions that conflict with the government narrative. The absence of legal avenues for independent organization, coupled with bans on independent trade unions and restrictions on civil society, further erode the values of freedom and equality, isolating citizens from meaningful participation in social, economic, or political life.
State-imposed rules and broad discretionary practices also restrict the right to travel, the right to privacy, and freedom of association—again in direct contradiction of constitutionally and internationally guaranteed liberties. Moreover, the lack of independent complaint mechanisms, denial of prison access to monitors, and ongoing reports of torture and mistreatment in detention constitute grave human rights abuses that violate both the spirit and the letter of the Cuban constitution and the UDHR.
Specific Aspects of Constitutional Violations with Respect to Human Rights, Equality, and Freedom
The violations of the Cuban constitution and human rights obligations are especially acute in the following aspects:
1. Freedom of Expression and Association
The government censors criticism and criminalizes opposition, using vaguely defined laws to arrest citizens for activities such as “public disorder,” “contempt,” or “enemy propaganda,” thus violating constitutional and UDHR guarantees to freely express opinions and associate for peaceful purposes.
State ownership of media and prohibition of independent outlets preclude the practical exercise of press freedom, despite its nominal constitutional protection.
2. Liberty and Personal Security
Arbitrary arrests, summary detention without due process, and use of state security courts erode the guarantees of liberty and personal security found both in the Cuban constitution and the UDHR.
Legal and judicial independence is undermined, as judicial bodies remain subordinate to the executive and legislative arms of government, contrary to the requirement for independent and impartial tribunals.
3. Equality and Non-Discrimination
While the constitution outlaws discrimination and affirms equal rights for all, in practice, there is systemic discrimination—especially against those with dissenting political views, independent activists, and marginalized communities—including persistent surveillance, exclusion from employment or educational opportunities, and unequal treatment in law and practice.
Hypocrisy is further evidenced by official rhetoric endorsing LGBTQ+, women’s, and minority rights, while state actions fail to provide adequate protection against violence and discrimination, particularly outside Havana and among marginalized groups.
4. Freedom of Movement and Travel
The state exerts arbitrary control over its citizens’ right to leave and return to the country, often denying travel to critics and dissidents even when reforms are legislated to allow greater movement.
5. Civil Society and Political Participation
The state refuses to recognize independent civil society organizations and bans alternative trade unions, limiting the right to collective action, association, and democratic participation, again contradicting explicit constitutional guarantees.
The Impact of Governmental Hypocrisy and Broken Commitments
As a result of these willed violations, the Cuban government’s commitment to human rights and equality is revealed as superficial and instrumental, existing more as a tool of international rhetoric than an authentic domestic policy. This hypocrisy not only undermines the legitimacy of Cuba’s constitutional and legal framework but also results in enduring hardship and repression for millions of Cubans who are routinely denied rights and freedoms guaranteed both by their own constitution and by universally accepted international standards. The suffering of the Cuban people is thus a direct result of the state’s refusal to fulfill its own constitutional promises and international obligations—amplifying the necessity for genuine reforms in law and practice to restore faith in human dignity, liberty, and equality in Cuba.
