This Monday, the Ministry of Youth and Children opened the prior consultation on the reform of the Organic Law on Comprehensive Protection of Children and Adolescents against Violence (Lopivi), a modification with which the department led by Sira Rego intends, among other measures, prohibit Parental Alienation Syndrome (PAS). Lopivi provides for prevention, detection and repair measures in different sectors, such as education, health, social and family sectors. It also modifies various legislative provisions with an impact on childhood and adolescence, ensuring the safety and protection of minors, from a rights-guarantee perspective.
Minister Sira Rego announced her reform during her speech at the 21st Century Club to protect minors: “As a country we owe a debt to the girls and boys who have been victims of violence in the defense of their rights. An abuser cannot be a good father,” he justified.
One of the objectives of the Ministry of Youth and Children with the Lopivi reform is to prohibit Parental Alienation Syndrome, as Servimedia learned from sources in this department.
The SAP is a theory created by the American doctor Richard Gardner in 1985, according to which the mother aligns her son against the father in the framework of a custody dispute, alleging in most cases false accusations of sexual assault towards the offspring on the father’s side.
This syndrome has not been recognized by any professional or scientific association, having been rejected in the two major mental health diagnostic systems used in the world: the DSM-V of the American Psychiatric Association, and the ICE-10 of the World Organization of Health.
In Spain, the General Council of the Judiciary (CGPJ) argued that accepting the SAP in child custody procedures means subjecting minors to “coercive therapy and a violation of their rights by the institutions that precisely have as a function to protect them.
Prevention
For its part, the Ministry of Youth and Children seeks with this reform to provide the norm with “greater gender transversality” and “to include the different forms of violence against children that occur in the different spaces in which they participate, with appropriate preventive and repair measures.
It will also delve into the “preventive perspective” of the Lopivi “increasing the protection frameworks and including measures to ensure the implementation of the provisions”, and will promote compliance with the recommendations of the Committee on the Rights of the Child and harmonization regarding the execution of the provisions of the Convention on the Rights of the Child regarding respect for the rights of children and adolescents.
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