Reem Alsalem, the UN Special Rapporteur on violence against women, has released a report in which she analyzes its use. paternal alienation syndrome (PAS) Whole world. After soliciting contributions from states, universities and civil society organizations, The report reaches devastating conclusions about the use of this alleged pathology And when sexual violence by fathers or sexual violence against minors is reported, it has devastating consequences for women and their children.
Among the findings of the document, which will be presented united nations human rights council which will be conducted between June 19 and mid-July 2023, includes verification that the use of this false syndrome is widespread in justice systems across the planet and that Often used to cover up and cover up gender-based violence and sexual violence Intrafamilial in which several children live.
Thus, the report confirms that many violent men use this alleged syndrome to accuse mothers of interfering with minors and to establish in courts the idea that granting custody to mothers is not in the best interests of the minor. Because it will not facilitate Contact the Father.
The investigation confirms that, in general, courts “misunderstand and underestimate the consequences” of gender-based violence and violence against minors. in general, It is understood that the greater good of the minor includes prioritizing maintaining contact with the father The courts, therefore, grant visitation and custody rather than removing them from potential violence.
The court said, “Members of the judiciary thus fail in their duty to protect children from harm and to provide abused parents access to their children, even in cases where physical or sexual Violence has been proved.”
A self-fulfilling prophecy
The investigation emphasizes that when a mother is accused of alienating her child, The allegation ends up being a “self-fulfilling prophecy”.“, since this syndrome enters the scene, complaints about gender or sexual violence immediately go to the background reduces it to a minor conflict that denigrates and stigmatizes women and their children.
“The nexus between domestic violence and parental alienation is often obscured to the detriment of victims of violence in the family law system. Foster mothers are in an unfair position because if they present evidence of domestic violence or child abuse insists, Could be interpreted as an attempt against the father to alienate his children which could cause them to lose custody as the primary caregiver or contact with their children,” the document added.
The reporter warns that the consequences of these biased judicial decisions can be dire, as there have been cases in which some parents with violent behavior have used their right of visitation to murder their children. at other times, Mothers end up in prison for failing to comply with court sentences Orders regarding custody, or safeguarding them, have been revoked.
Reem Alsalem reports that after Brazil and Spain expressed their concern about the use of SAP, cases have begun to be reported from other countries, mainly Western Europe and Latin America and the Caribbean.
Over the past two years, the association sent at least five communications to Spain requesting information on various specific cases and expressing its concern about the widespread use of SAP in our country’s courts. In some of these communications, Alsalem denounced the existence of a “structural pattern” in the Spanish judiciary, which fails to protect minors and discriminates against mothers.
In the report now presented, the reporter recalls that in 2014 Spain had already been sanctioned by the United Nations Committee against Discrimination against Women (CEDAW, for its abbreviation in English) for applying gender stereotypes to justice in the case of Angela González Carreno. This mom filed fifty complaints to prevent her ex from seeing her daughter unsupervised. He was not found. Once upon meeting the father killed the girl.
Just this Tuesday, a government representative was reporting to CEDAW on our country’s progress in the fight for equality and gender violence, with at least five reports from civil society condemning institutionalized violence. On Women and Juveniles in Justice.
Legal theory
The report of the UN Reporter states that Spain is the only country in the world that has included in a law a warning that the administration should refrain from using SAP. Or any form of pseudoscience. However, it remains to be seen whether this legal provision has a real impact on the administration of justice. A year after the Law Against Childhood Violence came into force, courts withdrew only 14% of visits from parents involved in violence procedures when the law obliges them to suspend them.
Failure to take into account partner violence and violence against children in custody and visitation decisions, the reporter’s report highlights, “violates the principle of child rights and the best interests of the child.
In its findings, it highlights that “the discredited and unscientific pseudo-concept of parental alienation is being used by abusers to perpetuate their abuse and coercion in family law litigation and to reduce domestic violence complaints filed by those mothers.” To try and discredit what they try to do is keep their kids safe.” For this reason, it urges states to prohibit its use in law, comply with human rights, and guarantee mandatory training in the judiciary on gender bias and the dynamics of gender violence, among other measures.
What is Parental Alienation Syndrome?
Parental Alienation Syndrome has not been recognized as a pathology by any medical, psychological, or scientific association and has been rejected by the American Psychiatric Association, the American Psychological Association, and the World Health Organization. In our country, the General Council of the Judiciary advises against its use by judges in processes of violence against women and recently its use has been prohibited in the law against violence against children.
The term was coined by American psychiatrist Richard Gardner in 1985. Gardner developed his entire theory around the idea that children can be “programmed”, “brainwashed” by a parent, which is almost always the mother. . , The ultimate goal of this “washing” is to discredit the image of the father, which, according to Gardner, would justify the resistance present in these “sick” minors to interact with their fathers.
This doctor affirmed that even in cases where there were complaints of sexual abuse or mistreatment of the minor by the father, the parent-child relationship should be maintained. Gardner was a pedophile who in his principles advocated the legalization of sexual behavior between adults and minors.
