Geneva - The UN Special Rapporteur on violence against women and girls, Reem Alsalem, has welcomed a new Brazilian bill that would scrap the Parental Alienation Law and the concept of "parental alienation" present in Law 13.431/2017, commonly known as the Specialised Hearing Law, from the country's statute books.
The new bill would also remove the concept of parental alienation from Article 699 of Brazil's Code of Civil Procedure, Alsalem said.
"This initiative, led by a group of feminist congresswomen is an important step by legislators to bring Brazil in line with international human rights standards established under binding international and regional human rights treaties and standards on gender equality and child protection," the Special Rapporteur said.
Alsalem noted that since the enactment of Law 12.318/2010, international and regional human rights mechanisms, including her mandate, had raised concerns about the gendered and harmful ways in which the Law has been abused against mothers that have come forward with credible allegations of domestic abuse they have suffered together with their children at the hands of their actual or former male partners.
"The abuse includes sexual abuse inflicted on the children. There are reports of women having been stripped of the right to the custody of their children, and the children are then sent back to their abusers," she said. Given the reported pattern of egregious harm inflicted on mothers and their children, human rights mechanisms have repeatedly and firmly recommended to the Government of Brazil that it repeals law 12.318/2010.
Alsalem noted that Brazil is the only country that continues to explicitly define and penalise acts of parental alienation as a legal offense through Law No. 12.318/2010, which defines and penalises acts of parental alienation as a civil offense with criminal consequences.
"The continued existence of such a law in Brazil is incompatible with the country's commitment to human rights," she said. "To ensure the non-repetition of harm, the final bill must repeal the Parental Alienation Law 12.318/2010 fully, clearly and in unequivocal terms."
Concerning a scheduled hearing on the draft bill at the Commission on Constitution, Justice and Citizenship, the expert urged Congress to ensure that the hearing centres the voices of children and women that have been gravely affected by the misuse of parental alienation allegations in safety and in dignity.
"Victims, organisations and experts that have highlighted the harms done by the application of Law 12.318/2010 and that have supported survivors continue to be threatened and attacked," she warned.
Alsalem urged the Government of Brazil, its legislators, law enforcement and judiciary to ensure that such actions are sanctioned and stopped.
