Although the Cuban Constitution, Article 26 states:
Every person has a right to education. Education shall have as its objective the full development of the human personality. Parents shall have the right to choose the education given to their children.

The alleged parental rights accruing to Elian's father do not exist, as they have been usurped by the Marxist state in violation of Cuba's' legal tradition and western legal thought. It assumes arbitrarily the right to educate, indoctrinate and change the personality. At eleven years of age it imposes a boarding school requirement and separates parents from children. These rights are so basic and are so much of the essence of parental rights that they exist in the codes of all civilized nations. The declaration of human rights simply registers the consensus of humanity's secular understanding of these matters.

Changing the personality is a most severe transgression of the rights of the person but the Cuban law boasts about it in a loud voice. What is the difference between this and psychological torture? (covered by treaty and US law) What is the difference between this and the Gulag, Pol Pot's reeducation camps or the nazi work camps, where the nazis shamelessly said that work shall make you free?

And to further the argument of usurped parental rights it must be said that nutrition, a basic right and obligation of parents is also usurped by the state which rations and deprives children of milk at age seven. It acts as a parent both "de facto" and "de iure".

Parental rights are defined as the right to act for a minor and the right and obligation to feed, educate and protect children. When these rights are taken away what is left is a reduced parental right which is slighted in such away to render it meaningless. But nonetheless, this appearance is used and abused by the State who shamelessly presents it as an argument to maintain its tyranny.

The fact is: The real parent is The Marxist state.

The above link will take you to "Granma", the official organ of the Cuban Communist Party. You may read their side of the story there. The First Amendment of the United States Constitution guarantees freedom of expression, so we are free to link to publications such as "Granma". Therein lies one of the fundamental differences in the totalitarian and democratic forms of government. Believing truth will prevail, we tolerate opposing viewpoints.

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