Cuba’s National Assembly of People’s Power, the country’s legislative body, has approved a reform allowing any adult to request a gender change on their identity documents. The new law, the result of years of struggle by LGBT+ movements, is a crucial step toward self-determination for social groups and marks a watershed moment in transgender rights history in the island.
The legislation, approved on July 18, establishes that any adult may, upon personal request and without additional requirements, change the information on their identity card. In the case of minors, the process requires Judicial authorization.
Speaking to BdF, Verde Gil, an activist with the group Trans Men of Cuba, said this legislation has a direct impact on the daily lives of those who are part of the community.
“This represents a step forward in the fight against violence and discrimination,” he said. “It guarantees something fundamental, yet so neglected: that people feel more comfortable with their ID cards.”
Since 2022, it has been possible to change the name on documents. However, as Verde points out, “because it was not possible to change the sex marker, this ended up causing many problems and different forms of discrimination in everyday procedures.”
A collective and participatory process
Verde stresses that this law did not come out of nowhere, but is the result of a collective process coordinated between the National Center for Sex Education (CENESEX), various community networks, and activists who actively participated in consultation and advocacy forums.
“It was an exhaustive and complex task, because we realized that there are multiple perspectives within the LGBT+ community itself. It is precisely these collective constructions, however, that strengthen the empowerment process,” he explains.
The final draft, which gave rise to the new law, was the consequence of a long process of listening and consulting different people, during which various demands and points of view from the community were incorporated, strengthening the legal text.
These practices of participatory democracy not only ensure the inclusion of a diversity of voices, but also “reinforce our legal culture and offer tools for those of us who are in a situation of greater vulnerability,” says Verde.
As a result, Cuba joined a restricted group of countries in Latin America and the Caribbean that allows for the change without medical approval, becoming a progressive example in the region.
Debates and new horizon for inclusion
Despite the progress, Verde acknowledges that there are still challenges to be faced. The debate itself revealed the existence of different positions and demands within the LGBT+ community.
“We need to continue discussing issues such as the inclusion of non-binary gender. Some people prefer that the sex marker does not even appear on documents; others want it to appear, but with the possibility of registering a non-binary gender. It is a matter of finding ways of coexisting in which we are all respected, without identity or gender being a reason for discrimination or hatred.”
In this regard, Verde highlights the opening for dialogue and joint reflection as one of the main achievements of the legislative process. He states that “the most important thing is not to reach consensus, but rather to build a broader social consciousness that contributes to a more egalitarian society.”
Debates over gender rights are not new in Cuba. In recent years, Cuban society has participated in intense discussions about the expansion of rights.
One of the most exciting moments was the approval of the new Family Code in 2022, which legalized same-sex marriage after a broad public consultation. The debate mobilized thousands of people, especially youths, who actively engaged in defending the new legal framework. This process gave rise to numerous youth collectives and new forms of activism in favor of equality.
However, it also revealed the resistance of conservatives and their deep roots in Cuban society. Even so, the approval of the Code with 70% support at the polls reflected the support of the majority of Cubans to advance trans rights.
“The social debate itself serves as a pretext for this: for people to understand human sexual diversity and accept it,” reflects Verde. “I am really happy that we have managed to open spaces that have driven these legislative advances.”
