Harold Bertot Triana

Harold Bertot Triana

Profesor e investigador cubano. Sus líneas de investigación se han desarrollado en diversas áreas del Derecho. Es autor de varios libros y artículos en estas materias.

Photo: Kaloian

Cuba: the right of free movement and international standards

The current Cuban Constitution, in its article 52, establishes that “people have the freedom to enter, remain, transit and leave the national territory, change their domicile or residence, with no other limitations than those established by law.” This article constitutionalizes the well-known “right of free movement and residence,” as set out in several international instruments, and the possibility of limiting them by law. This last aspect has become extremely controversial in Cuba, as can be seen in the provisions of Decree-Law No. 302 of 2013, Amending Law No. 1312, Migration Law of September 20, 1976 and Decree No. 306, On the treatment of cadres, professionals and athletes who require authorization to travel abroad of October 11, 2012. Like any limitation of rights, it is necessary to meet certain requirements and guarantees so that the limitation does not become arbitrary. The analysis of Cuban immigration legislation must take into account the level of the issue in international human rights law, to strengthen the mechanisms for the protection of human rights. The scope and meaning of human rights norms―defined by methods of interpretation always in favor of the human being―must be specified so that the legislation conforms to this reality, and, consequently,...