Global Journal of Human Social Science, F: Political Science, Volume 23 Issue 6

referendum still wanted to retain Article 36 of the old Constitution 1976. There are many reasons for this mass opposition, but the most important reason is the influence and intervention of the Catholic church: priests are said to be the leaders in fiercely opposing same-sex marriage because their ideology and teachings always consider same-sex marriage to be “intrinsically chaotic and unacceptable” (Toan, 2021), and Catholicism is the state religion in Cuba with about 60% of the population according. Finally, in the new Constitution approved by the National Assembly on April 10, 2019, this regulation was amended to Article 82: “Marriage is a social and legal institution... based on free consent wishes and equality in rights, obligations and legal capacity of husband and wife...”. It can be seen that the amendment does not return to Article 36 of the old Constitution 1976, but still creates conditions for legalized same-sex marriage, but with more inclusive and indirect language. On that basis, the homosexual movement demanding the legalization of same-sex marriage is still going strong. Also from May 2019, the government combined with the Cuban Bar Federation to launch a plan to complete the legalization of same-sex marriage. The critical activity is drafting a new Family Code (replacing the old Family Code implemented in 1975), which includes provisions officially recognizing same- sex marriage. By September 2021, the new draft Family Code was presented and unanimously approved by the National Assembly on December 21, 2021, and then launched for widespread social consultation from February 15 to February 6. June 2022, receiving about 61% of opinions supporting same-sex marriage. The Cuban National Assembly last voted to approve the draft of the new Family Code on July 22, 2022, and put it to a referendum on September 25, obtaining a vote of 66.85% (that is, about two-thirds) number of votes in favor. The new Family Code was officially issued, effective September 27, and the first legal same-sex marriage in Cuba was held on October 5, 2022, in Manzanillo. This result made Cuba the first socialist country, the 8th country in Latin America, and the 32nd country in the world to legalize same-sex marriage. This is a signi cant step forward in the expansion and development of human and civil rights in Cuba. Fourth, implement the “presumption of innocence” and “suspend detention” for the suspect. “Presumption of innocence” (or “presumption of innocence”) is the assertion that every suspect is innocent until reasonably and legally proven guilty. “Suspension of detention” means that citizens have the right to request the court to suspend or cancel their detention document or block their rights if they find that document to be unreasonable and illegal. These are two basic principles that ensure human rights and citizens' rights before the law. In Cuba, the capitalist government's Constitution 1940 stipulated these principles, still, the socialist government eliminated them in the Constitution 1976 and related legal system, leading to a one-sided situation, abuse of power, irresponsibility of administrative civil servants and court and procuracy officials in the process of reviewing the case (recognizing, prosecuting, investigating, prosecuting, adjudicating, executing judgments), leading to many cases being mishandled according to the law, heavy on imposing authority and creating injustice, causing damage and discontent to the people. The new Constitution 2019 has begun to rectify that situation by introducing provisions for the presumption of innocence and suspension of detention. Specifically, Article 95 affirms that all citizens are guaranteed “...the presumption of innocence until declared guilty through a final judgment of a court”. Article 96 notes: “Anyone who is unlawfully deprived of their freedom or property rights, either by themselves or by a third party, has the right to submit a written suspension of detention to a competent court, according to the requirements specified in the law”. In addition, citizens can, when necessary, “… bring an appropriate action or procedure against administrative and judicial decisions” (Article 94) and sue government agencies and individual civil servants, court officials, and procuracy, demanding legal settlement and compensation if these groups and individuals operate negligently, abuse power, and are irresponsible, causing negative impacts on rights and interests of citizens (Article 99). d) United States intervention From the early 16th century to the late 19th century, Cuba was governed and had to depend closely on the Spanish government because it was a colony of this European country, and from the late 19th century until now, although having become an independent country and gone through many political institutions/ regimes, Cuba has always been dominated, manipulated and interfered with by the United States. In January 1959, the revolutionary movement under the leadership of Fidel Castro overthrew the pro- American Batista dictatorship and established the people's revolutionary government. The United States immediately aggressively implemented a series of intervention and sabotage measures: hostile propaganda, inciting people to evacuate, diplomatic isolation, economic embargo, support for terrorist groups, and air strikes on the capital Habana... and culminated in organizing more than 1,500 exiled Cuban reactionary troops to land on Giron beach in April 1961 to destroy the fledgling Cuban government. The landing was crushed and the Cuban leadership's willingness to confront and publicize the socialist nature of the revolutionary cause further angered the United States, making a comprehensive intervention in Cuba © 2023 Global Journals Volume XXIII Issue VI Version I 8 Global Journal of Human Social Science - Year 2023 ( ) F Cuba - 30 Years of Innovation and Socialist Goals

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