The right to demonstrate |  Cubadebate

July 11 riots in Cuba. Photo: AFP.

The right to demonstrate is certainly a right, also regulated in the new constitutional text of 2019 (Art.56), and its exercise must be for lawful and peaceful purposes. Regarding the latter, a brief reflection.

Lawful and peaceful purposes are closely related categories. Peaceful exercise, basically we would say not to attempt against others, not to violate citizen peace, not to stimulate the reversal of order. Lawful purposes, for all rights in any sphere, whether private or public, individual or collective, indicates that there are legal limits for the exercise of the same; that is, there are definitions and rules that frame the performance. Then There are general limits that determine that an action is lawful, and the current text (Art.45) establishes them: the enjoyment of certain rights cannot entail injury to the rights of other people, or that affect collective security, general well-being, public order, and always with respect for the Constitution and the laws.

I have always insisted that the Constitution contains norms of daily, direct application, demandable of all at all times, because for that we mostly vote for it, whether or not the general laws and other provisions for its development are in place. Therefore, It cannot be ignored that in the text itself a group of general rules for society are well defined, as well as values ​​and principles that frame the decision-making spaces, as well as the areas of action of all.

What might be some of the rules necessary to establish such limits? The definition of the State as socialist, organized with everyone and for the good of all (Art.1), character and essence that conditions the analysis, application of the entire text and decision-making; the defense of the homeland together with the right to fight against anyone who tries to overthrow the order established in the Constitution (Art.4); the purposes of the State, and among them, channeling efforts towards the construction of socialism, the defense of sovereignty, integrity and independence, strengthening the ideology and socialist ethics, and all combined with the guarantee of the enjoyment of rights and compliance of duties (Art.13).

And, it could be pointed out as an integrating closure of the previous ones, the last article of the great text (Article 229), which establishes that in no case will the pronouncements on the irrevocability of socialism be reformed (Article 4).

Therefore, human rights are not absolute in their expression or realization; and although there may be different criteria and claims, joint actions are needed in pursuit of the integral development of all, so Through such conduct, one should not attempt against what was agreed to safeguard, which is not only a political issue, but also an economic or socio-cultural issue., respect for others and their rights, social order, security, as well as respect for the essential definitions, principles and guiding values ​​of society.

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