CHAPTER VII. FUNDAMENTAL RIGHTS, DUTIES AND GUARANTEES
ARTICLE 45
Work in a socialist society is a right and duty and a source of pride for every citizen.
Work is remunerated according to its quality and quantity; when it is provided, the needs of the economy and of society, the decision of the worker and his skill and ability are taken into account; this is guaranteed by the socialist economic system, that facilitates social and economic development, without crises, and has thus eliminated unemployment and the “dead season.”
Non-paid, voluntary work carried out for the benefit of all society in industrial, agricultural, technical, artistic and service activities is recognized as playing an important role in the formation of our people’s communist awareness.
Every worker has the duty to faithfully carry out tasks corresponding to him at his job.
ARTICLE 46
All those who work have the right to rest, which is guaranteed by the eight-hour workday, a weekly rest period and annual paid vacations.
The State contributes to the development of vacation plans and facilities.
ARTICLE 47
By means of the Social Security System, the State assures adequate protection to every worker who is unable to work because of age, illness or disability.
If the worker dies, this protection will be extended to his family.
ARTICLE 48
The State protects, by means of social aid, senior citizens lacking financial resources or anyone to take them in or care for them and anyone who is unable to work and has no relatives who can help him.
ARTICLE 49
The State guarantees the right to protection, safety and hygiene on the job by means of the adoption of adequate measures for the prevention of accidents at work and occupational diseases.
He who suffers an accident on the job or is affected by an occupational disease has the right to medical care and to compensation or retirement in those cases in which temporary or permanent work disability ensues.
ARTICLE 50
Everybody has the right to health protection and care. The State guarantees this right:
- by providing free medical and hospital care by means of the installations of the rural medical service network, polyclinics, hospitals and preventive and specialist treatment centers;
by providing free dental care; by promoting the health publicity campaigns, health education, regular medical examinations, general vaccinations and other measures to prevent the outbreak of disease. All of the population cooperates in these activities and plans through the social and mass organizations.
ARTICLE 51
Everyone has the right to an education. This right is guaranteed by the free and widespread system of schools, semi-boarding and boarding schools and scholarships of all kinds and at all levels of education, and because of the fact that all educational material is provided free of charge, which gives all children and young people, regardless of their family’s economic position, the opportunity to study in keeping with their ability, social demands and the needs of socio-economic development.
Adults are also guaranteed this right, and education for them is free of charge, with the specific facilities regulated by law, by means of the adult education program, technical and vocational education, training courses in State agencies and enterprises and the advanced courses for workers.
ARTICLE 52
Everyone has the right to physical education, sports and recreation.
Enjoyment of this right is assured by including the teaching and practice of physical education and sports in the curricula of the national educational system and by the broad nature of the instruction and means placed at the service of the people, which makes possible the practice of sports and recreation on a mass basis.
ARTICLE 53
Citizens have freedom of speech and of the press in keeping with the objectives of socialist society. Material conditions for the exercise of that right are provided by the fact that the press, radio, television, movies and other organs of the mass media are State or social property and can never be private property. This assures their use at the exclusive service of the working people and in the interest of society.
The law regulates the exercise of these freedoms.
ARTICLE 54
The rights of assembly, demonstration and association are exercised by workers, both manual and intellectual; peasants; women; students; and other sectors of the working people, [rights] to which they have the necessary ability (los medios necesarios) to exercise. The social and mass organizations have all the facilities they need to carry out those activities in which the members have full freedom of speech and opinion based on the unlimited right of initiative and criticism.
ARTICLE 55
The State, which recognizes, respects and guarantees freedom of conscience and religion, simultaneously recognizes, respects, and guarantees the freedom of every citizen to change religious creeds, or not to have any; and to profess the religious worship of their choice, with respect for the law.
The law regulates the State’s relations with religious institutions.
ARTICLE 56
The home is inviolable. Nobody can enter the home of another against his will, except in those cases foreseen by law.
ARTICLE 57
Mail is inviolable. It can only be seized, opened and examined in cases prescribed by law. Secrecy is maintained on matters other than those which led to the examination.
The same principle is to be applied in the case of cable, telegraph and telephone communication.
ARTICLE 58
Freedom and inviolability of persons is assured to all those who live in the country.
Nobody can be arrested, except in the manner, with the guarantees and in the cases indicated by law.
The person who has been arrested or [who is a] prisoner is inviolable in his personal integrity.
ARTICLE 59
Nobody can be tried or sentenced except by the competent tribunal by virtue of laws which existed prior to the crime and with the formalities and guarantees that the laws establish.
Every accused person has the right to a defense.
No violence or pressure of any kind can be used against people to force them to testify.
All statements obtained in violation of the above precept are null and void, and those responsible for the violation will be punished as outlined by law.
ARTICLE 60
Confiscation of property is only applied as a punishment by the authorities in the cases and by the methods determined by law.
ARTICLE 61
Penal laws are retroactive when they benefit the accused or person who has been sentenced. Other laws are not retroactive unless the contrary is decided for reasons of social interest or because it is useful for public purposes.
ARTICLE 62
None of the freedoms which are recognized for citizens can be exercised contrary to what is established in the Constitution and the law, or contrary to the existence and objectives of the socialist State, or contrary to the decision of the Cuban people to build socialism and communism. Violations of this principle can be punished by law.
ARTICLE 63
Every citizen has the right to file complaints with and send petitions to the authorities and to be given the pertinent response or attention within a reasonable length of time, in keeping with the law.
ARTICLE 64
Everyone has the duty of caring for public and social property, accepting work discipline, respecting the rights of others, observing standards of socialist living and fulfilling civic and social duties.
ARTICLE 65
Defense of the socialist homeland is the greatest honor and the supreme duty of every Cuban citizen.
The law regulates the military service which Cubans must do.
Treason against one’s country is the most serious of crimes; those who commit it are subject to the most severe penalties.
ARTICLE 66
Strict fulfillment of the Constitution and the laws is the bounden duty of all.
