Spain bans the 'fake' parental alienation syndrome
Spain has banned the 'fake' parental alienation syndrome. Child protection or censorship of parents? We analyse the controversial law and its implications.
English · Original discussion in Spanish · Published
Spain bans the 'fake' parental alienation syndrome
[P]Spain has become the first country to ban by law the use of Parental Alienation Syndrome (PAS), a concept rejected by most of the scientific community for lacking any empirical basis. The measure, approved by the Council of Ministers as an extension of the Comprehensive Child and Adolescent Protection Law (LOPIVI), aims to prevent judges and expert witnesses from using the term in custody cases, but has sparked strong controversy over the presumption of innocence and parents' rights.[/P]
What is PAS and why is it being banned?
[P]Parental Alienation Syndrome was coined by psychiatrist Richard Gardner in the 1980s to describe alleged behaviours of one parent who manipulates the child against the other. However, organisations such as the WHO and the APA do not recognise it as a disorder. The new law explicitly bans its use in the courts, arguing that it lacks scientific validity and can be used to silence reports of gender violence or child abuse.[/P]
[P]Nevertheless, critical sectors consider the ban a direct attack on fathers who report maternal manipulation. They argue that, by removing the possibility of claiming PAS, many parents are left defenceless against false accusations and that a gender bias in custody decisions is encouraged. As drafted, the law includes no alternative tools to detect real cases of manipulation, which creates a legal vacuum.[/P]
An open debate: protect the child or the parent?
[P]The controversy goes beyond the legal sphere. While some see the measure as a step forward for children's rights, others interpret it as an ideological imposition that denies the reality of parental alienation. The fact that a syndrome which officially does not exist is being banned has been called a 'paradox' by several analysts. The question that remains is whether the law will achieve its goal or produce the opposite effect.[/P]
[P]What seems clear is that the debate is far from over. As the courts adapt to the new rules, separated families will continue to be the battleground where the child's best interest is decided.[/P]
Related debates in the forum
[P]Spain has become the first country to ban by law the use of Parental Alienation Syndrome (PAS), a concept rejected by most of the scientific community for lacking any empirical basis. The measure, approved by the Council of Ministers as an extension of the Comprehensive Child and Adolescent Protection Law (LOPIVI), aims to prevent judges and expert witnesses from using the term in custody cases, but has sparked strong controversy over the presumption of innocence and parents' rights.[/P]
What is PAS and why is it being banned?
[P]Parental Alienation Syndrome was coined by psychiatrist Richard Gardner in the 1980s to describe alleged behaviours of one parent who manipulates the child against the other. However, organisations such as the WHO and the APA do not recognise it as a disorder. The new law explicitly bans its use in the courts, arguing that it lacks scientific validity and can be used to silence reports of gender violence or child abuse.[/P]
[P]Nevertheless, critical sectors consider the ban a direct attack on fathers who report maternal manipulation. They argue that, by removing the possibility of claiming PAS, many parents are left defenceless against false accusations and that a gender bias in custody decisions is encouraged. As drafted, the law includes no alternative tools to detect real cases of manipulation, which creates a legal vacuum.[/P]
An open debate: protect the child or the parent?
[P]The controversy goes beyond the legal sphere. While some see the measure as a step forward for children's rights, others interpret it as an ideological imposition that denies the reality of parental alienation. The fact that a syndrome which officially does not exist is being banned has been called a 'paradox' by several analysts. The question that remains is whether the law will achieve its goal or produce the opposite effect.[/P]
[P]What seems clear is that the debate is far from over. As the courts adapt to the new rules, separated families will continue to be the battleground where the child's best interest is decided.[/P]
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Summary of a discussion on Burbuja.info - Foro de economía, actualidad y política., translated from Spanish and reviewed before publication. Read the full discussion (13 replies).
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