Guarantees for transparency in the face of the 2019 Cuban Constitution

Abstract

Transparency and the right of access to information had not had constitutional status in Cuba until the proclamation of the 2019 Constitution. Although before there were related institutions, such as citizen participation and accountability, none had the meaning and scope of the above mentioned. These institutions mean giving citizens access to the analysis of the authorities for decision-making. For an adequate legal configuration of both, the development norm must conceive them as a fundamental right, based on guarantees such as effective judicial protection, direct effectiveness and connection of all public "powers", reservation of law, legislative unavailability for regression, and essential or minimal untouchable content.