In a significant development, the UN Special Rapporteur on violence against women and girls has voiced strong support for the abolition of Brazil’s controversial Parental Alienation Law. The law, unique to Brazil, has been heavily criticized for its potential harm to both women and children involved in custody disputes.

Reem Alsalem, the Special Rapporteur, praised the initiative led by feminist congresswomen aimed at repealing the contentious law. According to Alsalem, this legislative move aligns Brazil with international human rights standards concerning gender equality and child protection.

The proposed bill seeks to remove the concept of parental alienation from Article 699 of Brazil’s Code of Civil Procedure. Critics of the law argue that the concept lacks empirical support and is based on outdated beliefs that undermine the legitimacy of sexual abuse claims.

Since its enactment in 2010, Law No. 12.318 has defined and criminalized parental alienation, described as any interference by a parent or guardian in the psychological development of a child, which critics say has been misused in legal battles, often against mothers alleging domestic or sexual abuse.

This law has sparked considerable controversy by potentially mislabeling normal parenting behaviors or legitimate protective actions as alienation. This has placed undue pressure on mothers, particularly those trying to protect their children from abusive environments.

A public hearing revealed a disturbing trend where fathers were more frequently accused of child sexual abuse, often leading to false claims that a significant percentage of these allegations were unfounded.

Alsalem has also stressed the need for trauma-informed care in the legal handling of these cases, ensuring that the rights and psychological needs of abuse survivors are adequately met.

This call for repeal marks a pivotal moment in Brazilian legislative reform, aiming to better protect the rights and well-being of children and their guardians in legal disputes. The upcoming hearing on the draft repeal bill is poised to be a critical step toward this significant legal overhaul.