Ángel Gabilondo, the Ombudsman, recorded last Friday, November 22 the report Vicarious gender violence. The other victimsin the Cortes Generales. They are pointed out six lines of action and nineteen recommendations on vicarious gender violencewhich have been sent this Monday from the Ombudsman Institution to the different institutions and autonomous communities to prevent and combat this type of gender violence.
The objective of this report is “focus on women and boys and girls who must be explicitly considered victims of this violencethat is, of those who have exercised it and continue to exercise it”, according to the Ombudsman, who considers that “vicarious violence is not simply another form of violence, “It is another palpable example of the urgency of addressing this from all levels, which is not just a problem.”
Ángel Gabilondo defends that, although progress has been made in recent years in the fight against gender violence, “a specific protection from this type of violence against childhood and adolescence.” These measures must make rights and interests of children and adolescents are above any others.
Recommendations and proposed lines of action
Said report proposes the collection of specific data and reporting statistical estimates, with the objective of increase knowledge about vicarious gender violence and make it easier to advance in this fight. Also, it is proposed operation of the Central Registry of Information on Violence Against Children and Adolescentswhich is provided for in Organic Law 8/2021 on Comprehensive Protection of Children and Adolescents Against Violence (LOPIVI).
Another measure that the Ombudsman considers essential is the good functioning of preventive family care policiesspecifically proposes that, in public policies on the protection of children, minors who are victims of vicarious gender violence be taken into account. establishing measures that help detect risk.
On the other hand, the report considers that one of the main problems in this violence is the difficulty in detecting it, so said institution has prepared recommendations to improve the systems that assess the risks in these cases. Previous complaints of violence against the mother, the intervention of social services in a family conflict or if the mother has the administrative identifier of a victim of gender violence are some of the specific indicators that are requested to be taken into account.
The report advises certain measures to further ensure the detection of this type of violencesuch as specialized training of professionals, the review of the Intervention Protocol against Child Abuse in the Family Environment and help to make the process of reporting minors to police headquarters easier, among others.
Regarding lines of action related to the judicial protection of these minorsthe report proposes improve court resourceshuman, material and technological; specialize with training on vicarious gender violence to the workers of the Administration of Justice; and do courts and tribunals more comfortable and appropriate to take care of these types of matters.
The Ombudsman considers that the visitation and communication regimes in these cases should be thoroughly studied and that Decisions should always be made that benefit the minorestablishing measures that guarantee the safety of sons and daughters at all times, whether or not there is a prior complaint from the mother.
On the other hand, the institution proposes modify the current legal framework and strengthen it reforming Organic Law 1/2004 on Comprehensive Protection Measures against Gender Violence, with the aim that victims of vicarious gender violence are also considered victims of gender violence.
The adoption of the National Action Plan on Vicarious Gender Violence is also requested, with measures that ensure the protection of victims through action protocols from public policies and regional, local and state services.
The report also requests that the actions of the professionals who treat these cases are regulatedas in the case of social services or other entities, always guaranteeing their qualification and specialized training. Furthermore, the Ombudsman requests that cases of vicarious violence are treated by the judicial bodies that deal with gender violencewhether or not there is a prior complaint from the victims’ mother.
On the other hand, the intervention of a expert expert in testimony psychology when necessary for the benefit of the minor.
Finally, the report proposes that the reparation system for minor victims is strengthened. As in the Gender Violence Law there are no guidelines for victims of this violence, it is proposed link the rights established in the LOPIVI in the context of gender violenceoffering victims assistance in places where they carry out their daily lives, such as educational centers, sports and leisure services and health services.
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