In Cabo Verde, the dignity of a family is not measured by the name it bears, but by the legal recognition and protection it enjoys. As the presidential election approaches on November 15, the public debate has become increasingly heated. However, it is unacceptable to use a person's family status as a tool for insinuation, disrespect, or low politics. President Jose Maria Neves' recognized union of fact is a legally binding relationship that is on par with formal marriage.
During the colonial era, many Cabo Verdean families lived in common-law relationships, often for years or decades, but were not afforded the same protection as formally married couples. The law ignored this social reality, and children born outside of formal marriage were classified as illegitimate or natural, facing real differences in rights and stigmatization. Women also held an inferior position, with limited decision-making power and no equal rights within their own homes.
After independence, the Cabo Verdean government began to legislate to address these inequalities. The 1976 decree-law, which came into effect just a year after independence, aimed to adapt laws related to relationships between men and women to reflect the reality of Cabo Verdean social life and the principle of equality between the sexes. The law recognized unions of fact and granted them equal status to formal marriages, with all the attendant rights and responsibilities.
The 1981 Family Code further solidified these changes, establishing the principles of equal rights and responsibilities for spouses, equal treatment for all children regardless of their parents' marital status, and joint responsibility for child-rearing and family assets. The code also clarified that recognized unions of fact would be treated as formal marriages, with equal dignity and protection under the law.
Today, the Civil Code, specifically Article 1716, reaffirms that recognized unions of fact are equivalent to formal marriages, with all the same rights and responsibilities. This means that the law recognizes and protects both formal marriages and recognized unions of fact, providing equal dignity and protection for families.
President Jose Maria Neves' decision to publicly recognize and register his union of fact is a significant example of this legal framework in action. By doing so, he is exercising a right that belongs to all Cabo Verdean citizens, and his actions serve to highlight the importance of recognizing and respecting the diversity of family structures in the country.
The Tribunal Constitucional has also emphasized that the equal treatment of unions of fact and formal marriages does not erase the unique characteristics of each, but rather protects and respects the choices made by individuals. This recognition and respect for diversity are essential components of a fair and equal society.
Key points
- The law in Cabo Verde recognizes and protects unions of fact, equating them to formal marriages.
- The country's legal framework aims to provide equal dignity and protection for all families, regardless of their structure.
- President Jose Maria Neves' public recognition of his union of fact serves as an example of the exercise of a citizen's right and highlights the importance of respecting family diversity.
