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By Ricardo Manuel RojasPublished by CADAL, Konrad Adenauer Foundation and Friedrich Hayek Foundation
IndexIntroduction
PART ONEINTERNATIONAL PROTECTION OF FUNDAMENTAL RIGHTS
I. Protection of the rights of man.Characteristics of human rights. II. International law of human rights.Incorporation of international law of human rights into Latin American constitutions.The 1994 Constitution of Argentina III. Human rights in Cuba
I. Protection of the rights of man.Characteristics of human rights.
II. International law of human rights.Incorporation of international law of human rights into Latin American constitutions.The 1994 Constitution of Argentina
III. Human rights in Cuba
PART TWOTHE VIOLATION OF FUNDAMENTAL RIGHTS IN CUBA'S INSTITUTIONAL AND LEGAL SYSTEM.
IV. Supremacy of the aims of the State over the fundamental rights of man.Supremacy of the State in the Cuban Constitution.Use of penal law as a tool of social control. Scope of the definition of penal offenses.Protection of the aims of the State in Cuban penal law.Death penalty for political reasons. V. Concentration of power in State organs. VI. Absence of independent and impartial justice. VII. Serious injury to personal freedom.Dangerousness as the basis of the penal system.Dangerousness and pre-criminal security measures in the Cuban Penal Code.Guarantees of defense in trial and due process. VIII. Restrictions to property rights and control of economic activity.Nationalization of economic activity.Control of labor activity. IX. Constitutional obstacles to freedom of speech, information and press.Explicit restrictions to freedom of speech and State monopoly of the media in Cuba.Persecution of the independent press. X. Restrictions to freedom of association, assembly and petition.Freedom of association.Freedom of assembly.Freedom to petition before authorities. XI. Use of education as a tool of propaganda and social control.Independent libraries. XII. Restrictions to the right to enter and leave the country.Conclusion.
IV. Supremacy of the aims of the State over the fundamental rights of man.Supremacy of the State in the Cuban Constitution.Use of penal law as a tool of social control. Scope of the definition of penal offenses.Protection of the aims of the State in Cuban penal law.Death penalty for political reasons.
V. Concentration of power in State organs.
VI. Absence of independent and impartial justice.
VII. Serious injury to personal freedom.Dangerousness as the basis of the penal system.Dangerousness and pre-criminal security measures in the Cuban Penal Code.Guarantees of defense in trial and due process.
VIII. Restrictions to property rights and control of economic activity.Nationalization of economic activity.Control of labor activity.
IX. Constitutional obstacles to freedom of speech, information and press.Explicit restrictions to freedom of speech and State monopoly of the media in Cuba.Persecution of the independent press.
X. Restrictions to freedom of association, assembly and petition.Freedom of association.Freedom of assembly.Freedom to petition before authorities.
XI. Use of education as a tool of propaganda and social control.Independent libraries.
XII. Restrictions to the right to enter and leave the country.Conclusion.
ANNEX
SELECTION OF ARTICLES OF THE CUBAN PENAL CODE (Law 62).LAW 88 FOR THE PROTECTION OF THE NATIONAL INDEPENDENCE AND ECONOMY OF CUBA.ARGUMENTS IN FAVOR OF THE VARELA PROJECT.AMNESTY INTERNATIONAL REPORT
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"This book unveils a face of the Cuban regime that we, citizens of the disappeared communist block, know very well: its despise towards human dignity and towards the existing international rules, since violation of human rights is an inseparable part of its constitutional order".
Vaclav HavelFormer President of Czech Republic