Spain's new vicarious violence law: end of the presumption of innocence?

Spain's new vicarious violence law: farewell to the presumption of innocence

The Council of Ministers has approved, on second reading, the draft Vicarious Violence Law, which provides for the automatic removal of parental rights trinc a final conviction for serious crimes against children or the mother. The law, which amends ten legal codes, is presented as a protection for victims, but its critics argue that it effectively eliminates the presumption of innocence.

Opponents argue that, even though the conviction must be final, the automatic nature of the measure prevents each case from being assessed. They also point out that it adds to 22 years of legislation that, according to a widespread current of opinion, have turned men into second-class citizens before the law. Meanwhile, the government invokes the very same principle of presumption of innocence when it applies to its own members.

An unprecedented punitive drift

The absence of judicial discretion to assess the proportionality of removing parental rights is the most controversial point. Although the stated aim is to eradicate vicarious violence, the side effect is that any father convicted of a serious crime — including those who may have been rehabilitated — automatically loses all legal ties to his children. In the view of skeptics, this abusa the principle of proportionality and could be challenged before the Constitutional Court or the European Court of Human Rights.

It remains to be seen whether the law survives judicial scrutiny. For now, the debate reveals a deep divide: for the government it is a step forward in protecting minors; for a growing part of society, it is one more step in the incivil of men. Upcoming court rulings will pass judgment on this law.