Granting the Cuban Child the Ability to Travel

Granting the Cuban Child the Ability to Travel / Dora Leonor Mesa
Posted on January 3, 2015

Granting Visas to those younger than 18 years old during the School Year
By Lic Dora Mesa Crespo* and Lic. Odalina Guerrero Lara*

(Mesa Crespo is the Coordinator of the Cuban Association for the
Development of Child Education (CADCE), an NGO.)
(Guerrero Lara is an attorney with the NGO Cuban Legal Association)

The obligation to study is specified in Cuban law (1) long before 1989,
the year in which the Convention of the Rights of Child was signed. The
Convention is an international treaty of the United Nations by which the
signatory states recognize the rights of those younger than 18 years
old. Currently thousands of Cuban families residing in the country have
Dual Nationality, which is laid out as a conflict of interests and
loyalties for the holder.

The person should have nationality because this grants rights and powers
to individuals, for example the power to travel overseas with a passport
that vouches for belonging to a particular nation. For International
Rights, an affiliation with a State is needed to invoke the exercise of
rights and protection.

Any request relating to family reunification (2) made by a child or
their parents to enter a State Party to the Convention on the Rights of
the Child, or to exit from one for purposes of family reunification,
will be taken care of in a positive, humane and expeditious manner, i.e.
as quickly as possible.

The States will guarantee, in addition, that the submission of such
petition will not bring unfavorable consequences to the petitioners, nor
to his/her family. The right to leave from any country will be subject
only to those stipulated necessary restrictions that are in harmony with
the rest of the rights recognized by the Convention.

The current possibilities for travel by Cuban minors (3, 4) should be
analyzed at the moment that the visa is granted by the diplomatic or
consular representative of the country where the person proposes to go.

Depending on the types of visa, the authorization for entry, passage or
permanence in the destination State should be seen as a concession to
minors if it exceeds the period of school vacations, because an absence
from classes of more than that could be seen as harmful for the
traveling student, as for the rest of the student body if the act is
seen as discriminatory (5), infringing not only on social norms, but
also internal laws (6) and international agreements.

To a certain extent, Cuba as a State Party to the Convention complies
with the articles relating to Education. (7, 8) The Constitution of the
Republic of Cuba establishes that education is a function of the Cuban
state and is free. (9, 10) The Convention of the Rights of a Child
recognizes the children as subjects of rights, but become as adults,
subject to responsibilities.

Parents as representatives of minors should be concerned with what is
established in the Family Code (11), which classifies as a duty the
"tending to the education of their children; inculcating in them a love
of study; minding their attendance at educational institution where they
are enrolled, as well collaborating with the educational authorities on
school plans and activities."

Article 18 of the Convention, upon referring to parents' responsibility
in the rearing of their children, insists that "their fundamental
concern will be the greater interests of the child."

Parents should not impede their children's enjoyment of their
fundamental rights, nor leave them without direction and guidance in the
use of liberty (12). For minors younger than 18 years, travel to other
countries is very good. All the more reason: To study is essential.

*Translator's Note: "Lic." is an abbreviation of "Licenciado" or
"Licenciada," which identifies the individual as a licensed attorney.

1. Ministry of Education. Law # 680, 23 December, 1959. Comprehensive
Reform of Education in Cuba. Chapter 10. Page 21. Cuba.

2. United Nations (1989) Convention of the Rights of the Child. Article
10. Page 5. Available at:
http://www.unicef.org/mexico/spanish/mx_resources_texto

3. Council of State (14 January, 2013). Decree # 302. Modification of
Law # 1312, "Law of Migration," 20 September, 1976. Official Gazette of
the Republic (044). Ordinary Law (1357). Cuba.

4. Council of Ministers (14 January, 2013) Decree # 305. Modification of
Decree # 26, "Regulation of the Law of Migration," 19 July, 1978.
Official Gazette of the Republic (044). Ordinary Law (1360). Cuba.

5. Convention on the Rights of the Child (1989). Article 2. Page 2.
Available at: http://www.unicef.org/mexico/spanish/mx_resources_textocdn.pdf

6. Ministry of Education (16 March, 2012). Ministerial Resolution #
11/2012. Educational Regulation. Official Gazette of the Republic (007)
Special Law (20). Cuba. Article 19, Section H.

7. Ibid. Article 28.

8. Ibid. Article 29.

9. Council of Ministers. Law S/N of 6 June, 1961. Law of General and
Free Nationalization of Education. Official Gazette of the Republic (7).
Ordinary Law. Cuba. Available at: http://www.oei.es/quipu/cuba/Ley_educ.pdf

10. National Assembly (31 January, 2003). Constitution of the Republic
of Cuba. 24 February, 1976. Official Gazette of the Republic (3).
Special Law (7). Article 9, 35, 38, 39, 51, 103-106.

11. Idem. (15 February, 1975). Law #1289, 14 February, 1975, "Family
Code." Official Gazette of the Republic (6). Ordinary Law (71). Cuba.
Article 85. Section 2.

12. Op. Cit. Article 5. Page 3.

Translated by: Alicia Barraqué Ellison, and others.

7 November 2014

Source: Granting the Cuban Child the Ability to Travel / Dora Leonor
Mesa | Translating Cuba -
http://translatingcuba.com/granting-the-cuban-child-the-ability-to-travel-dora-leonor-mesa/