"In the Spanish courts there is a pattern: the testimony of mothers has less weight than that of fathers"

Reem Alsalem, UN Special Rapporteur on Violence against Women, in an image provided by her team.Aurore Martignoni

Reem Alsalem has been a United Nations Special Rapporteur on violence against women, its causes and consequences for just four months. This consultant on gender issues, refugee and migrant rights, among other matters, is a Jordanian national, although she was born in Cairo (Egypt) 45 years ago. As rapporteur, Alsalem headed last Thursday the group of experts who have denounced, in an unusual pronouncement, that “minors in Spain are exposed to violence and sexual abuse by a judicial system that does not protect them from their parents. abusive ”. Their public note of attention referred to the last case they have received,that of a mother who lost custody of her youngest daughter in the first instance despite the existence of a history of violence against her by her partner and the girl's father and “the evidence that indicated that he had committed sexual abuse against her daughter for years ”, they collected in the note. Alsalem avoids going further in this particular case during the telephone interview, but it does delve into the reasons that have led them to give this wake-up call to Spain, from where they have received some thirty complaints of similar cases since 2019.from where they have received about thirty complaints of similar cases since 2019.from where they have received about thirty complaints of similar cases since 2019.

Ask.

Do they receive the same number of cases from other places?

Answer.

In the case of Spain, we have received more than from other countries, which may also reflect a higher level of organization of civil society, which is well aware of the United Nations special procedure and human rights mechanisms. But we have also received cases from Italy and Latin America, and we know that this trend we have talked about is present in other countries. El Grevio [the Group of Experts in the Fight against Violence against Women and Domestic Violence], which monitors compliance with the Istanbul Convention [the Council of Europe's agreement on preventing and combating violence against women and domestic violence Domestic, ratified by Spain in 2014], also made a report on Spain in 2020.And there they expressed their concern at the recurring suspicion that judges and some family service professionals harbor regarding the alleged manipulation to which the children had been subjected, the so-called Parental Alienation Syndrome [PAS]. We have had a lot of communication with the Spanish Government through the permanent mission of Spain in Geneva. These are communications that are made public after two months.

Q.

How do you assess the Government's response?

R.

It must be recognized that Spain has taken important steps to respond to the problem: the General Council of the Judiciary has issued guidelines to all judges in Spain calling their attention to the lack of scientific basis of the SAP. It is also included in the State Pact [against Gender Violence] and it was included in the organic law for the comprehensive protection of childhood and adolescence, which also establishes the right of victims to be heard. But the cases received indicate that, despite these measures, the reasoning based on the logic underlying the alleged SAP would continue to be applied in practice in judicial decisions. This is the challenge. Despite the laws, the problem continues and also the use of gender stereotypes in judicial proceedings.And it seems to us that we must advance in the conceptualization of the principle of the best interests of the child to prevent fixed and narrow interpretations from continuing to subordinate the rights of minors, such as to live without violence, to the right to maintain contact with their parents. In Spain a solution must be found, to promote real and lasting change so that children can be protected. We are concerned that this situation continues. If we receive cases it means that the people are desperate and ask for the intervention of the special human rights system.bring about real and lasting change so that children can be protected. We are concerned that this situation continues. If we receive cases it means that the people are desperate and ask for the intervention of the special human rights system.bring about real and lasting change so that children can be protected. We are concerned that this situation continues. If we receive cases it means that the people are desperate and ask for the intervention of the special human rights system.

Q.

In your communication you allude to a "structural pattern" in the Spanish case.

What are they referring to?

R.

To the act of attributing a lower value to the testimony and arguments of women as parties or witnesses, to the lack of credibility of mothers when they also denounce abuse of their sons and daughters and the reference to gender stereotypes.

It can be said that this pattern in the courts is revealed in the following way: the testimonies of mothers about violence they have suffered from their ex-partner and the indications of sexual abuse against their sons and daughters do not have the same weight or credibility for the courts , who tend to believe the parent's version.

We have available studies and cases reported to the rapporteur that allow us to verify these patterns.

Q.

Do these patterns also occur in other countries?

R.

We have received other cases, but the bulk number comes from Spain.

And I want to remember that there was a case, that of Ángela González Carreño that ended in a conviction by the United Nations Committee for the Elimination of Discrimination against Women (Cedaw) for the murder of her daughter by her father.

This also contributes to understanding structural patterns.

Q.

In Spain there is a well-known case, that of Juana Rivas.

I do not know if you know it and can make an assessment.

R.

As it has not reached me officially, I can not comment.

What I can say is that it is interesting that the same day that our pronouncement came out, there is news on this other issue that basically highlights the same issues that we addressed in our communiqué.